Drug Possession
SERVING HAMPTON ROADS & THE SURROUNDING AREAS
Hampton Roads Drug Possession Lawyer
Fighting Against Drug Possession Charges in Virginia
If you are facing a drug possession charge, you are at risk for an array of penalties which could seriously impact your life. Like other states, Virginia takes these charges very seriously. How you will be charged will depend on the nature of the drugs involved as well as the quantity found in your possession.
The sooner you engage the services of a qualified criminal defense attorney, the better your chances of securing the best possible legal result. At the Law Office of Shawn M. Cline, P.C. you can work with an experienced legal team who has handled innumerable cases similar to yours. Our firm's founding attorney has a solid track record of effective defense work in this field.
To speak with an experienced Virginia Beach drug possession attorney, give us a call at (757) 209-2328 or contact us online today.
Understanding Drug Classification and Charges in Virginia
In the state of Virginia, you are in possession of a controlled dangerous substance if it is found on your person, in your vehicle, in your home or business, or anywhere within your reach. The state classifies these substances according to the federal controlled substance schedules based on the danger and addictiveness of the drug. You will be charged and sentenced according to which classification of drug pertains to your case.
Schedule I Drugs – Considered the most dangerous, these include such drugs as heroin, LSD, Ecstasy, and GHB and are charged as felonies punishable by prison terms of up to 10 years and fines of up to $2,500.
Schedule II Drugs – These pose the same penalties as Schedule I and include such drugs as cocaine, methamphetamine, and PCP.
Schedule III Drugs – These are charged as Class 1 misdemeanors punishable by up to one year in jail and fines of up to $2,500. This Schedule includes such prescription drugs as Vicodin and hydrocodone.
Schedule IV Drugs – These also include prescription drugs such as Xanax and Valium. Possession of Schedule IV drugs is charged as a Class 2 misdemeanor carrying penalties of up to six months in jail and a fine of up to $1,000.
Schedule V Drugs – These include medications containing codeine; possession of these drugs is charged as a Class 3 misdemeanor punishable by a fine of up to $500.
Class VI Drugs – These are the least risky and are charged as a Class 4 misdemeanor with fines of up to $250.
Being charged with possession of drug paraphernalia can strengthen the prosecution's case, especially if it's found alongside drugs. It’s important to have an attorney who can challenge this evidence or help minimize the penalties.
Each of these factors can affect how your case is handled, and a knowledgeable attorney can provide the best defense strategy tailored to your situation.
Frequently Asked Questions (FAQ) About Drug Possession Charges in Virginia
Can I be charged with drug possession even if I didn’t know the drugs were there? Yes, in Virginia, you can be charged with drug possession even if you weren’t aware the drugs were present. However, lack of knowledge or intent could serve as a defense. An experienced attorney may be able to help you prove you didn’t know the drugs were in your possession.
How can my attorney help with my drug possession case? A skilled attorney can help in several ways:
Challenge the evidence against you.
Investigate the circumstances of your arrest to determine if your rights were violated.
Explore possible defenses such as unlawful search and seizure or mistaken identity.
Negotiate for reduced charges or alternative sentencing options.
What is the difference between personal use and intent to distribute? Possession for personal use means you have the drugs for your own consumption. Intent to distribute, on the other hand, implies that you had the drugs with the intention to sell or distribute them. The quantity of drugs, packaging, and other evidence can impact how authorities view your case.
Can I face charges for having prescription drugs without a prescription? Yes, possessing prescription drugs without a valid prescription is illegal in Virginia. If you’re caught with prescription medications that aren’t prescribed to you, you could face serious consequences, including criminal charges.
What happens if I’m a first-time offender? First-time offenders in Virginia may be eligible for diversion programs like drug court, which could allow for rehabilitation instead of jail time. Successful completion of such a program might result in a reduction or dismissal of the charges.
Can a drug possession charge affect my future employment? Yes, a drug possession conviction can impact your job prospects, especially if you apply for positions that require background checks or involve government-related work. It's important to discuss your options with an attorney to minimize any potential impact on your career.
What should I do if I am arrested for drug possession in Virginia? If you are arrested, it’s crucial to:
Remain calm and respectful.
Avoid speaking to law enforcement without your attorney present.
Contact a qualified criminal defense attorney immediately to begin your defense.
Contact Our Hampton Roads Drug Possession Lawyer Today
To get the knowledgeable guidance you need concerning your drug charges, contact our firm for a free case consultation. We will conduct a thorough investigation into your case to uncover any favorable evidence. Learn what you are up against, what your rights and options are, and how we can fight on your behalf in the local courts.
Facing Drug Charges? Don’t Wait! Contact us now at (757) 209-2328 to discuss your case and explore your legal options with our skilled defense team.
