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Virginia Drug Possession Lawyer

Drug possession penalties can be quite serious, depending on several factors at the time of your arrest.  If you, someone in your family, or even a friend, are accused of possessing drugs, your best opportunity for a favorable outcome is through the experience and aggressive defense of a Virginia drug possession lawyer.

Drug Possession Factors

The nature of your drug possession defense, and the options available to your Virginia drug lawyer, depend on the nature of the charge and specifics facts and circumstances of your case.  The charge itself is determined by the following factors:

  • The Type of Drug — Virginia law classifies drugs based on the potential for abuse – compared with other drugs – and any actual medical treatment value associated with them.  For example, methamphetamine (“meth”) has no medicinal value and is highly addictive while certain antidepressants have medicinal value and are much less addictive than meth.

The least severe classification is Schedule V drugs. Conversely, schedule I drugs, such as heroin, ecstasy, and meth, are considered to have a high potential for abuse with no justifiable medical application.

  • Activity — Penalties vary widely based on specific or intended activities the suspect might engage in with the drugs.  Simple possession of small amounts of illegal drugs, consistent with personal use, may be viewed as a less egregious activity than larger amount of drugs of abuse, packaged for resale and found in an area known for drug dealing and with other “tools of the trade.”
  • Quantity — The amount of drugs the suspect is caught with may also influence whether the person is charged with simple possession or possession with the intent to distribute.  Additional evidence regarding how the quantity is packaged, presence of cash, baggies, vials, scales, or even weapons are all factored together when law enforcement considers the appropriate drug charge in each case.  It is always important to tell your drug possession defense attorney whether you may have bought drugs from, or sold drugs to, someone acting as a confidential informant (“CI”) or an undercover officer.  These details could lead to additional defenses to your case from a Virginia drug possession attorney.

Possession of Controlled Substance Classifications in Virginia and Penalties

The penalties for simple drug possession vary and can range from a misdemeanor charge with a $500 fine and up to 30 days in jail for a first offense marijuana charge to a very serious class 5 felony with as many as 10 years in prison for a Schedule I/II controlled substance. The penalties hinge on the above-mentioned ”schedule system,” which rates each controlled substance.

  • Schedule I: Includes heroin, ecstasy, LSD, and marijuana – one to 10 years in prison or in the court’s discretion up to 12 months in jail, and/or a fine of up to $2,500.
  • Schedule II: Cocaine, methamphetamine, crystal meth, morphine, and PCP bring the same penalties as Schedule I.
  • Schedule III: Anabolic steroids, empirin, codeine and hydrocodone (and its derivatives), ketamine, high-level barbiturates and other depressants – class 1 misdemeanor; up to 12 months in jail and/or a fine of up to $2,500.
  • Schedule IV: Prescription drugs such as darvon, talwin, equanil, valium, rohypnol (“roofies”), xanax, and other stimulants or tranquilizers – class 2 misdemeanor; up to six months in jail and/or a fine of up to $1,000.
  • Schedule V – Primarily codeine-based cough suppressants or other “low yield” prescription drugs – class 3 misdemeanor; a fine of up to $500.
  • Marijuana: 1/2 ounce or less (misdemeanor) – up to 30 days in jail and/or a fine of up to $500 (first conviction).  Second conviction – up to 12 months in jail and/or a fine of up to $2,500

Hiring a Drug Possession Lawyer in Virginia

Whether your charge is related to possession of marijuana, prescription drugs, meth, or other drugs, you should have an experienced drug possession attorney in Virginia, with whom you feel confident and comfortable, to represent you.

Your attorney can help during the Commonwealth’s investigation prior to arrest or after the arrest is made. Negotiations with aggressive prosecutors can help to reduce your charges, your exposure to harsh penalties, and representation in court if a trial proves necessary.

Our law firm’s Virginia drug possession lawyers have the experience you need to limit the damage to your criminal record, your future, and your freedom.

There are a variety of very strong defenses that might be available to your lawyer, which will become apparent as the investigation of the charges unfold, and weaknesses are identified in the prosecution’s case.  Were you the victim of an illegal search?  Did the police violate your constitutional rights in any way?  Were the drugs even yours?

Our proactive defense approach may be just what you need in order to deal with drug possession charges in Virginia, and you’ll know soon enough at your free case evaluation, where we’ll spell everything so that you can make the right decision about representation. Call today.

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