Drug Crime Lawyer Fairfax VA

The Possible Repercussions Of A Criminal Conviction For Drugs

In the wake of an arrest that involves drug possession, your relationships and job may be negatively impacted. The possibility of a conviction can feel overwhelming and you may have many more questions than answers. 

Regardless of your circumstances, you can feel confident that you will receive quality legal representation from your lawyer at our firm. A conviction can carry hefty fines, jail time and drug treatment or rehab. In addition, the court process can be grueling. We are passionate and dedicated in our commitment to protect you at every turn.

There is a long-standing stigma and prejudice against those who have been arrested with drugs. In fact, the prison system is overrun with people who have been arrested on drug charges. Many are first offenders. Many had poor legal representation. You have one very important decision to make; who will you choose to represent you?

When you choose our firm, every aspect of your case will be considered, and each factor will be considered as your lawyer develops your defense strategy. Factors might include:

• The type of drug that was illegally in your possession.
• The quantity of the drug.
• The manner in which the drugs were confiscated. For example, were your rights under the Fourth Amendment respected?

Additionally, the level of charges you face may have the following consequences if you are convicted:

• A misdemeanor charge which is punishable by one year in prison or less.
• A felony charge which is punishable by one year in prison or more.

Drug Crime Infographic

Quality Legal Services You Can Depend Upon

When you contact our Fairfax drug crime lawyer from May Law, LLP, you will take the first step to lifting that weight off your shoulders with the knowledge you are not alone. We can protect your rights throughout the criminal justice process. It may be possible to get your charge reduced or dismissed entirely.

Drug Laws To Know

Drug laws in Virginia are some of the harshest in the United States. Many drug cases in Virginia include potential felony charges. Even a drug case in Virginia involving marijuana is punishable with a misdemeanor charge, hefty fines, jail time, and even loss of driving privileges.

One of the tactics law enforcement might use to get a drug charge in Virginia is the use of vague questions or statements to put you in a position of incriminating yourself. We have seen this with our own clients. Law enforcement may approach a citizen in or around a vehicle and use open-ended phrases, such as, “where is it?” or “I saw it,” or “I know you have it.”  

If you respond to such inquiries, you might unintentionally admit something that the officer can use against you for a drug charge in Virginia. Avoid self-incrimination by being respectful but unwavering. If you do incriminate yourself, or your vehicle is searched and a substance is found, call our firm immediately. 

A key term that might come into play in a drug crime case is “probable cause.”  A drug crime lawyer Fairfax VA knows this concept concerns whether law enforcement has justification to search your home or vehicle.  In Virginia, marijuana odor CAN establish probable cause. 

In the court case Bunch v. Commonwealth, 51 Va. App. 491 (2008), the “plain smell doctrine” became the operating policy for law enforcement. This means that the “detection of distinctive odors” can be used as probable cause in Virginia Id. at 496 (quoting United States v. Haynie, 637 F.2d 227, 234 (4th Cir. 1980). If a law enforcement officer smells marijuana, and they’re able to trace the source to an individual, the officer has probable cause in Virginia to assume that individual is breaking the law by possessing marijuana.

It is important to keep in mind that this article is not the be-all-end-all of drug laws in Virginia, but just one small example of a few different situations in which you may find yourself. There are many nuances to drug laws, including (but not limited to) the different classifications for different drugs in Virginia, possession vs dealing in Virginia, and the location of the drug offense in Virginia. 

There is also the fact that laws are constantly evolving and changing. It can be difficult to keep up with so many different laws and policies, which is why it is important to hire skilled representation. When you’re ready, call us at May Law, LLP.

Drug Crimes Statistics

According to the National Center for Drug Abuse Statistics, 1.16 million Americans are arrested each year for the sale, manufacture or possession of illegal substances. The number
of arrests made between 2019 and 2020 dropped by more than 400,000. Drug
arrests including marijuana make up a total of 26% of all arrests in the U.S. If you are facing criminal charges related to a drug offense, you need an aggressive drug crimes lawyer fighting for you and ensuring your rights are protected.

Marijuana Criminal Charges

Did you know that even if medical or marijuana for recreational use is legal in your state, it is still a federal crime to possess, buy, or even sell the substance? Even though the laws in many states have changed to legalize the use of marijuana, federal laws still consider marijuana a controlled substance, as is heroin or cocaine.

It is possible to be charged with a federal crime even though you are using marijuana in a state where it is legal to do so? Federal agencies are not likely to charge you, however, you do need to be aware of the federal marijuana laws and how they may impact decisions you make every day in your life.

What Are Federal Marijuana Laws?

The Controlled Substance Act or CSA is the agency that regulates and classifies illegal substances and rates the drugs according to the likelihood the drug is to be abused and if it has any medicinal worth.

According to the CSA, marijuana is listed as a Schedule I controlled substance. A Schedule I means that the drug has the potential for being abused, does not contain any medical value, and doctors cannot prescribe marijuana for medical use. That means if you grow, market, or distribute marijuana you could be in violation of several federal laws. These laws are less likely to be enforced if you live in a state where marijuana is legal.

You can get into trouble even if you are indirectly involved with the marijuana business. If your business provides a service for a business that involves the legal use of marijuana in that state, you could still be in violation of federal laws and you may be prosecuted. For example, if you are a contractor doing work on a building where marijuana is sold legally in the state, according to Federal law you may be accused of making money at the expense of illegal drug trafficking.

Federal prosecutors have lifted a lot of the restrictions in states where marijuana is legal as long as state laws are followed and there is no selling across state lines.

How Federal Marijuana Laws Can Cause Problems, Even In States Where It Is Legal

Even as new evidence appears that medical marijuana does have health benefits, doctors are not able to legally prescribe marijuana to their patients because federally it is considered a Schedule I drug according to the CSA. A physician could lose their license and could be prosecuted further federally. 

Drug crime lawyers have to refrain from offering advice to clients concerning the marijuana business because they will be telling their clients how to go against federal law.

Other areas where your life can be affected by the use or possession of marijuana in a legal state is:

• Housing — you can be evicted for using marijuana in your home if your lease prohibits the use of illegal drugs. A landlord has the right to prohibit the drug because of the federal laws
• Right to Bear Arms — You may be banned from owning a firearm if you have a medical marijuana card.

A federal drug charge is a big deal. Contact our experienced drug crime lawyers if you’re facing charges concerning marijuana use or possession. Your defense lawyer can help you understand your rights and explain the laws in your state.

Are You Facing Drug Charges?

Being charged with a drug crime is not something to take lightly. If you are found guilty, the consequences could affect your entire life. For example, where you work, where you live, whether you can visit your children, or travel, could all be an issue for you. 

Our defense attorneys have a well-rounded, in-depth understanding of the criminal laws and procedures that are relevant to these charges. For years we have successfully defended clients who have been charged with possession, distribution, sale, trafficking, production, or cultivation, as well as, aggravating factors, such as a weapons charge.

More than likely, if you have been charged with a drug charge, a police officer stopped you, searched you, found the substance, and related it directly to you. When you partner with us, we may review and defend:

• Unlawful stop
• Unlawful search and seizure
• Whether you consented to a search
• Lack of dominion or control over the drug
• Lawful possession of the drug

Let Us Help You

Upon reviewing your case, we will usually first look at the type of offense you’ve been charged with. This will enable us to follow up with the facts and evidence available; thereby, resulting in a strong defense. If you don’t know the offense or accusation against you, please call our drug crimes lawyer in Fairfax, Virginia, for an initial consultation. 

Possession. If you are convicted for possession of drugs, this could include jail or prison time, and a fine. Bear in mind possession includes knowing or intentionally possessing an illegal or controlled substance. 

Manufacture, Sale, or Distribution. If you are convicted of possession over a certain amount, you may be charged with manufacturing, sales, or distribution. In this case, you could be sentenced to lengthy prison time, including life, and up to $1 million in fines. 

Transporting. In the event, you are charged with transporting drugs in Virginia, you may face a mandatory imprisonment of three years and a fine up to $1 million. As a drug crime lawyer in Fairfax, VA might explain to you, this charge will depend on the amount and type of drug being transported. 

Drug charges can result in serious consequences that will have an effect on many parts of your life. At May Law, LLP, we approach these cases in a straightforward manner. For instance, when you talk with our lawyers, we will be honest about what you might expect and the likelihood of certain results. 

You can trust us in doing our very best for you; however, we won’t give you false promises or expectations. This is what makes our firm so respected in the community. Contact us today to set up a time to discuss your case.

Fairfax Drug Crime Glossary

If you’re facing drug-related charges in Virginia, understanding the legal process can feel overwhelming. At May Law, LLP, we’ve been providing strong legal representation since 1995, helping clients throughout Northern Virginia, including Arlington and Prince William. Below are key legal terms to help you better understand drug crime cases and the potential charges you may face.

Possession

Possession refers to the act of knowingly or intentionally having control over an illegal or controlled substance. This includes drugs found on your person, in your belongings, or in a space under your control, such as a vehicle or residence. 

For example, if law enforcement finds a controlled substance in your car and determines that you were aware of its presence, you may face possession charges. Convictions for possession can result in fines, imprisonment, or mandatory rehabilitation, depending on the type and quantity of the drug.

Probable Cause

Probable cause is a legal standard that allows law enforcement to conduct a search or make an arrest if they have reasonable grounds to believe a person is engaged in criminal activity. In Virginia, the smell of marijuana, for instance, can establish probable cause for a vehicle search. 

This standard is often scrutinized in drug crime cases to determine if an arrest or search was lawful. At May Law, LLP, we thoroughly examine whether probable cause existed in each case and challenge it if necessary.

Controlled Substance

A controlled substance is a drug or chemical regulated by federal or state law due to its potential for abuse and addiction. Virginia classifies these substances into schedules, ranging from Schedule I (e.g., heroin, which has a high potential for abuse and no accepted medical use) to Schedule VI (e.g., certain prescription medications). 

Charges involving controlled substances can vary significantly based on the drug’s classification, quantity, and the circumstances surrounding the offense.

Unlawful Search And Seizure

Unlawful search and seizure occurs when law enforcement conducts a search or confiscates property without proper legal authority, such as a warrant or probable cause. These actions may violate the Fourth Amendment, which protects against unreasonable searches. 

If evidence is obtained through an unlawful search, it may be inadmissible in court. We at May Law, LLP are dedicated to protecting our clients’ constitutional rights and will challenge evidence obtained unlawfully.

Distribution

Distribution involves the delivery, sale, or provision of controlled substances to another individual. This charge often depends on the quantity of drugs in possession, with larger amounts suggesting intent to distribute rather than personal use. 

Distribution charges carry more severe penalties than possession, including substantial fines and extended prison sentences. A strong defense may focus on challenging the evidence or intent behind the charge.

Protecting Your Rights

Drug crime charges can have a lasting impact on your life, from financial strain to the loss of personal freedoms. At May Law, LLP, we approach every case with care and attention to detail, using our years of experience to advocate for the best possible outcome. Whether you’re facing charges for possession, distribution, or other drug-related offenses, we’re here to provide knowledgeable and compassionate legal support.

If you’re dealing with drug charges in or near Fairfax, Virginia, contact our team at May Law, LLP today. Let us help you protect your rights and take the first step toward resolving your case.

May Law, LLP, Fairfax Drug Crime Lawyer

3900 University Dr, Fairfax, VA 22030

Client Review

“Erick is a wonderful layer, and was able to answer all the questions I had. He was also able to tell me what to except on my court date. Erick made sure I understood all the options that were available to me. He helped get the best possible outcome for my case. I would strongly recommend Erick. “
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