Virginia Drug Lawyer
A criminal drug indictment can lead to either a misdemeanor or felony penalty if convicted. Several factors will determine how the charges are filed, including the quantity and type of controlled substance involved and whether you are accused of possession for personal use, sale or distribution. Circumstances and factual evidence surrounding drug crimes can be highly subjective and relative. Therefore, if you face these types of charges, you’ll need an experienced, competent Virginia drug lawyer from Jezic & Moyse LLC. to present a strong defense on your behalf.
With the assistance of an aggressive Fairfax County drug lawyer, you stand a greater possibility of securing dismissed or reduced charges. At Jezic & Moyse LLC., our attorneys have the capabilities to defend you against drug charges by having an extensive, practical knowledge of Virginia’s controlled substance statutes. Call us immediately if you face any of the following charges:
Under Virginia statutes, you may not possess marijuana “knowingly or intentionally” and without a prescription from a licensed physician. However, law enforcement cannot establish a violation of the law based solely on the basis that a person owns or occupies a building or vehicle in which police find the drug. A misdemeanor penalty carries up to 30 days in jail and a maximum fine of $500. However, a second conviction leads to penalties of up to a year in jail and a fine of $2,500.
Marijuana Sale or Cultivation
The penalties for cultivating or possessing marijuana with the intent to sell or distribute are much greater, and will vary depending upon the weight of the substance found by authorities. For quantities between 0.5 ounces and 5 pounds of marijuana, the sentence can be up to 20 years in jail and a maximum fine of $2,500. For quantities greater than 5 pounds, the sentence escalates to between 5 and 30 years in jail and a maximum fine of $10,000.
Controlled Substance Possession Crimes in Virginia
A separate criminal code covers statutes regarding controlled substances apart from marijuana. The law prohibits any individual from having a controlled substance without a prescription from an appropriately authorized health care service provider. As with the marijuana laws, prosecutors cannot establish possession solely based on the substance being found within the building or vehicle of the owner.
The penalties upon conviction vary significantly depending on the controlled substance and other factors. The sentences can range from 180 days to 10 years in jail and fines from $250 to $2,500 in severity. Thus, it is critical to retain a skilled Fairfax drug lawyer from Jezic & Moyse LLC. to represent you and safeguard your rights.
Controlled Substance Distribution and Manufacture in Virginia
As in every other state, crimes of drug manufacturing, sale and distribution face far more serious consequences than crimes of simple possession. According to Virginia law, it is illegal to sell, give, cultivate, manufacture or distribute a controlled substance. Moreover, the same law makes it illegal to possess a quantity of a drug that law enforcement deems that you had an intention to distribute or sell, rather than using it for personal recreation.
Those individuals found guilty of possessing more than 100 grams of heroin or heroin mixture, 10 grams of methamphetamine, 20 grams of methamphetamine mixture or 500 grams of cocaine face the most severe penalties. Upon conviction, they face up to 5 years to life in prison and up to $1 million in fines. The five-year prison term is a mandatory minimum sentence with no parole possible.
Other penalties for drug distribution and manufacturing crimes are listed below:
- Schedule IV controlled substances – Class 6 felony, 5 years prison, $2,500 fine.
- Schedule V controlled substances – Class 1 misdemeanor, 1 year in jail, $2,500 fine.
- Schedule VI controlled substances – Class 1 misdemeanor, 1 year in jail, $2,500 fine.
If law enforcement questions you about any involvement in a drug crime, charges you with a felony or misdemeanor offense, or arrests you on a criminal complaint, you have a Constitutional right to an attorney. Prior to answering questions or providing any statements to law enforcement, contact Clifford Clapp at Jezic & Moyse, LLC., so that he can advise you immediately on how to protect your rights. Through diligence, experience and integrity, he will seek every option to resolve your case through acquittal, dismissal, reduced charges, or the lightest sentence.