Consult with an Experienced Drug Crime Lawyer Arlington VA

Drug Crime Lawyer Arlington VADrug related crimes in Virginia are serious and call for an experienced trial lawyer with a very specific expertise. Call May Law, LLP and speak with a Drug Crime Lawyer Arlington VA. An experienced Drug Crime Lawyer Arlington VA can help you to protect your rights, investigate potential defenses, hold the government to its burden of proof, and work to the best possible outcome in your case.

Drugs charges in Virginia most typically involve possession or distribution.

For possession charges, the type of drug determines the seriousness of the charge. With the exception of Possession of Marijuana, which is a misdemeanor, almost all drug charges in Virginia are felonies. Unsurprisingly, “Possession of Marijuana” is not nearly as serious as “Possession of Cocaine.”  

Laws related to drug possession generally arise from Virginia Code §18.2-250. To prove a drug possession charge, the prosecutor must prove that the defendant knowingly and intentionally possessed the drug.  The key here is “knowing and intentional” possession.  This can be complicated for a prosecutor to prove and is the main defense in drug cases. For example, suspected drugs found on one’s person might be viewed differently than suspected drugs found within a vehicle or in a backpack, for example.

The maximum punishment for simple possession is up to 10 years in prison. Virginia Code §18.2-251 provides for a circumstance where a first-time offender, whether accused of felony or misdemeanor, might avoid a criminal conviction based upon the successful completion of probation before a judgment is entered in the case.

Oddly, whether a motor vehicle is involved in a drug case or not, most convictions of a drug offense also results in a mandatory driver’s license suspension for at least 6 months.

Laws related to drug distribution can be found at Virginia Code §18.2-248. Distribution charges are obviously more serious, especially when those allegations take place near a school or involve weapons. A more common charge is “Possession With Intent to Distribute” (PWID). Without evidence of an actual distribution, here the prosecution has the added burden of proving that the accused intended to distribute some suspected illegal drug – often marijuana, cocaine, ecstasy, or heroin but increasingly some legitimate pharmaceutical used in an illegal manner.

PWID cases hinge on the circumstances of the alleged possession.  The presence of larger quantities of drugs or items such as scales, specific packaging, or cash can become the basis of a PWID charge, even if the use was personal.

Other common defenses in Possession, PWID, or Distribution cases involve the admissibility of evidence. There can be questions about the legality of police searches and seizures that can impact the prosecutor’s use of certain evidence. There can be questions about the manner in which suspected drugs were collected, processed, or tested.

Possession of Drug Paraphernalia is a related charge than can arise under these circumstances. In order to sustain a conviction under Virginia Code §54.1-3466 for possession of paraphernalia, the prosecution must prove not only that the accused possessed drug paraphernalia contemplated by the law, but also that the accused did so under circumstances that reasonably indicate an intention to use the paraphernalia for the purpose of illegally administering a controlled substance.

A drug charge in Virginia is a serious legal situation. If you or someone you know is changed with a drug crime in Virginia, they would be prudent to consult with an experienced Drug Crime Lawyer Arlington VA with expertise and experience in this specialized field of criminal defense. The Drug Crime Lawyer Arlington VA you choose on a drug allegation is a critical decision. Your Drug Crime Lawyer Arlington VA can be invaluable at every step along the way. There might be opportunities to become involved before charges are made and avoid criminal exposure altogether. There can be issues relating to arrest and bond after a charge is made. Assessing the evidence of the case and identifying and developing the appropriate trial defense is the central role of the Drug Crime Lawyer Arlington VA.  The organization of mitigating information and negotiations with the prosecution are part of any comprehensive defense. Dealing with a judge in a courtroom can range from motions, pretrial hearings, actual trial and in some cases, the sentencing phase.

At May Law, LLP, your drug case will receive the attention it deserves from a seasoned Drug Crime Lawyer Arlington VA experienced in the intricacies of drug crimes in Virginia. Contact us at (703) 312-0410 for a free consultation.