Defining Drug Crimes and How an Experienced Lawyer Can Help
The state of Virginia is harsh on drug-related charges, and if convicted, you can face life altering consequences. It’s important to understand that if you’ve been accused of a drug crime, your best option is to have a drug crime attorney in your corner. Korslund Law should be your first and only call if you or a loved one is facing these accusations.
PLEASE UNDERSTAND THAT THIS INFORMATION IS PROVIDED AS BASIC GENERALITIES. THIS SHOULD NOT BE MISTAKEN FOR LEGAL ADVICE. IF YOU OR A LOVED ONE IS FACING DRUG CHARGES, YOU SHOULD REACH OUT TO OUR DRUG CRIME ATTORNEY FOR A FREE CONSULTATION IMMEDIATELY.
Types of Drug Charges
There’s a wide range of drug charges that you may face in Virginia. Here are some of the most common in the state:
Possession of a Controlled Substance
This is the most common drug offense in the state, and is fairly self explanatory. Simply possessing a substance that is on the controlled substance list can land you in hot water. The most common of these substances include marijuana, cocaine, heroin, and prescription drugs without a valid prescription. There are different “schedules” of controlled substances that rank how severe the possession charges can be. Typically, if you are carrying an amount that is considered reasonable for personal use, you’ll be charged with “possession.”
Drug Trafficking
This involves the sale, transportation, or distribution of drugs. Drug trafficking charges are typically more severe than possession charges and carry harsher penalties. This is commonly referred to as “possession with intent to distribute.” Because of the intent to distribute this drug to others in the community, these charges are much more severe, and depending on the scale of an operation you could be charged with a felony.
Drug Manufacturing
This involves the production of controlled substances. It is a severe offense and carries significant penalties. Manufacturing is often paired with a trafficking charge due to the volume possessed and sold after the manufacturing process.
Drug Paraphernalia
This refers to any equipment, product, or material that is used to manufacture, produce, prepare, or consume drugs. Possession of drug paraphernalia is also a crime in Virginia. Something as simple as a glass pipe could be considered paraphernalia.
Penalties for Drug Crimes
The penalties that you will face vary widely. They depend mostly on the type of drug in possession, the volume of the drug, whether it was for personal use or whether you intended to sell and distribute it to others. Some of the penalties you can face if convicted include:
Fines
A common penalty for most drug crimes in the state of Virginia. The amount of the fine can vary depending on the type of drug crime and the volume in possession.
Probation
This may involve reporting to a probation officer, drug testing, limitations on your travel, and other consequences and restrictions.
Incarceration
The length of the sentence can vary depending on the type of drug crime and other factors, but often involves sentences including years in prison. Prison sentences are common with more severe charges of trafficking and manufacturing.
Community Service
This will involve working for no pay at a community organization or nonprofit. The people that you see cleaning up trash along roadways are often serving community service hours due to convictions of various natures.
Rehabilitation Programs
Mandatory rehab programs are sometimes used as a penalty. This can involve participating in drug treatment programs, counseling, or other forms of rehabilitation. Remember, the goal of the courts is to prevent future infractions. By mandating a stay in rehab, they can increase the likelihood that you remain clean in the future.
Defenses for Drug Related Charges
If you have been charged with a drug crime in Virginia, there are several defenses that may be available. Some common defenses include:
Unlawful Search and Seizure
If law enforcement gained evidence through an unlawful search and presented that evidence in court, it may be deemed inadmissible. This alone could be enough to get your charges dropped. A skilled attorney will look for these missteps by arresting officers.
Entrapment
If a police officer coerced the accused into commiting a crime that they otherwise would not have committed, that’s considered entrapment. If you’re accused and your drug crime attorney can prove entrapment, your charges may be dropped.
Insufficient Evidence
Everyone knows that the prosecution must prove “beyond a reasonable doubt” that the accused committed a crime. If there are any holes in a prosecutions theory, or a lack of evidence, your attorney could get the charges dropped due to insufficient evidence.
Contact an Experienced Drug Crime Attorney
An experienced criminal defense attorney can help you understand your options and develop a defense strategy that could potentially have you found NOT GUILTY! Don’t settle for anything less than the best drug crime attorney for your defense! You need a seasoned attorney in your corner that understands these charges and how to defend against them. If there is any doubt that Korslund Law should be your first call, just check our firm’s testimonials.
