A possession with intent to distribute lawyer in Fredericksburg can determine the best possible defense to introduce reasonable doubt to the jury and judge. Classification of Controlled Substances in Virginia. Virginia laws treat possession of any illegal drug as a serious criminal offense. If used to take illegal drugs, one can get charged with possession but not intent to distribute. Drug courts are small, specialized court dockets that deal exclusively with drug-related cases.
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There are certain factors that can have an effect on the penalty for a charge of possession with intent to distribute. It is always in your best interests to understand a plea deal fully and review it in writing before agreeing to it. Manufacture further extends to packaging and repackaging as well as labeling or relabeling containers. Our Fairfax drug offense attorneys are here to help. It is therefore punishable with a maximum 12-month jail term, and/or fines not exceeding $2, 500. Distributing more than one ounce of marijuana to a minor, any person under 18 years of age, by a person who is more than three years older than the minor, or using such a minor to distribute more than one ounce of marijuana, is a felony and carries a mandatory minimum prison sentence of five to a maximum of 50 years, and a fine up to $100, 000. An expert will need to testify that what a person possessed was inconsistent with personal use. The legal system works hard to crack down on this crime because it is typically attached to the distribution of drugs, or rather the intent to distribute. Police usually have a hard time, especially so in determining possession where there are several people involved.
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Defenses For Your Virginia Drug Crime. In exchange, Drug Court graduates often have their charges dismissed. If you're a teacher or a public school employee, you may be suspended from work under Virginia Code §22. If you're charged with the possession or distribution of controlled substances in Virginia, you should take steps to protect yourself. Law enforcement will also try to use phone data, confidential informants, and other tools to try to show that the drugs a person possessed were intended for distribution. Should such evidence not be available, they would go for phone conversations in pursuit of information that reasonably suggests an intent to distribute. Common Possession With Intent to Distribute Charges and Penalties in Virginia. Possession of a Schedule IV controlled substance (e. g., Xanax, Valium): Up to six months in jail, up to $1000 fine. For more information on the different schedules of controlled substances and which drugs are included in the different schedules, click here. Possession of a Schedule V Controlled Substance with Intent to Distribute in Virginia is a Class 1 misdemeanor under Va. 2-248(F). You need a skilled, strong defense to preserve your freedom, and we may be able to help.
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Equipment commonly used further expands into sieves, scales, strainers, staplers, staples, and measuring spoons or quinine, mannitol, procaine hydrochloride, lactose, plus any other prohibited drug, or equipment, implement, device, machine, instrument, or a mix of all. 5 years of the sentence is a mandatory, consecutive minimum (Va. 03(B)). For more information on drug offenses and your options for a defense, like us on Facebook or contact us directly at (804) 835-5127 to set up an appointment. Given the lengthy prison sentence and large fines that you may face if convicted of possession with intent to distribute charges, you cannot afford not to fight the charges as hard as you can—even if you are guilty.
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A Virginia possession with intent to distribute lawyer is the best help for an individual facing jail time. Schedule IV drugs under Virginia law are controlled drugs that have minimal abuse levels and relatively low dependency rates. To do so, certain elements will have to be present in a case, such as: - An item must be possessed, actually or constructively, knowingly and intentionally. Penalties include a standard sentence of one to 10 years in prison, although the law allows a judge or jury the discretion to sentence you to less than one year in jail. Drug Court participants must submit to random drug screens and agree to be incarcerated without a hearing if they fail to fully comply with the terms of recovery. What they cannot do, however, is go beyond the bounds of a warrant. A person proven to have intention to distribute more than 100 kg of cannabis may be sent to prison for a period of 20 years to life.
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These drugs have a high potential for abuse and the ability to cause severe psychological or physical dependence. Due to many factors employed to determine PWID charges, the cases often become complicated to defend. Possession of a Schedule 1 or Schedule II Controlled Substance with Intent to Distribute (Va. 2-248(C)): A First Offense Possession with Intent to Distribute a Schedule I or II Controlled Substance is punished with 5-40 years in prison, a fine up to $500, 000. Simple possession almost never turns into intent to distribute charges. The Court Cannot Prove Possession: unless the prosecution proves possession, the defendant hardly gets convicted. A quality attorney will look at the evidence to see if the Commonwealth can prove that you actually possessed the marijuana, if they can prove that the substance actually was marijuana, and can make arguments regarding the weight of the substance found.
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We Are Boutique Firm With Large Firm Experience & Reputation. Possession of Fentanyl - § 18. In South Carolina, drug substances have a mandatory minimum weight, beyond which the possession becomes a felony trafficking charge. Instead the case will be continued for a year and a person will be put on probation. Finally, over-the-counter medicines such as cough syrup fall under Class V. When charging someone for possession with intent, police use the word "Schedule" instead of "Class, " but it essentially means the same thing.
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The judge overseeing your case will need to permit you to enter the program, which is why you need an experienced criminal defense lawyer on your side making the case that you should be in the program. Contact us today for more information about Fentanyl possession/distribution in Manassas, VA. -. An experienced Virginia attorney who is highly knowledgeable with drug crimes can spot flaws in the process if they exist, and potentially get your case dismissed. On a federal level, it would be the Drug Enforcement Administration. As such, it is not limited to having drugs in pockets, purses, or bags. Attorney Jay Mykytiuk has experience in both federal crimes and state drug offenses in Washington, DC, and Northern Virginia. This isn't a decision you should make on your own without getting legal counsel first. The most important part of fighting any kind of drug charge in Virginia is to contact a lawyer as soon as possible. Drug possession charges can lead to further investigation into your existing or intended activities. There is also a first offender program available for individuals charged with possession. Intent to distribute can be determined through a number of ways. In the Commonwealth of Virginia, distribution by an adult of more than one ounce of cannabis to a person under the age of 18 is a very serious offense.
However, to be allowed in drug court, both the prosecutor and the Pretrial Services Agency must agree its an appropriate resolution for the case. Drug Court and Mental Health Court exist as options for either pleading guilty or going straight to trial. Experts will point to: - The weight of the substance seized, - The manner it was packaged, - The presence of paraphernalia consistent with drug distribution, - Evidence located upon a person's cell phone indicative of distribution, - The presence of large amounts of currency, - The presence of firearms. The following thresholds trigger a mandatory minimum of five years based on the quantity of drugs involved: The following thresholds trigger a mandatory minimum of twenty years: The mandatory minimum sentences in these cases can also be increased if a person was a leader of the offense or the offense was part of a "continuing criminal enterprise" that made certain amounts of money from illegal drug distribution. An example of a Schedule V drug is cough syrup with a small amount of codeine. You may have a defense to the charge if the substance wasn't found on your person. Some common Schedule IV controlled substances are Alprazolam (Xanax), Klonopin, and Valium. Your possession was knowing and intentional. For more information on felonies and misdemeanors in Virginia, visit: Virginia Law Regarding Sale and Delivery of Cannabis. For more information on how the Commonwealth can prove intent to distribute a controlled substance in Virginia, click here. This Class 2 misdemeanor carries a term of up to 6 months in jail and a fine of up to $1, 000. In this article, we'll go over different strategies for fighting drug possession and distribution charges in Virginia.
Possession, sale, or manufacture of Schedule I and II controlled substances will result in felony charges. You Did Not Intend to Distribute. For instance, you may be charged with "over an ounce" of marijuana when you have less than an ounce of marijuana in a substance that is itself more than one ounce, e. g; brownies or other "edibles. Schedule I Substances – A Schedule I substance in Virginia is defined as one with a high potential for abuse and that has no accepted medical use in the United States. This crime is punishable by a sentence of up to 12 months in jail and fines of up to $2, 500. About possession, under federal law that extends to drug equipment found within areas of one's control.
Distribution is interpreted broadly and therefore covers basically any transfer of controlled substances, even if there was no money involved. In addition, if the police catch you with large amounts of a drug, that excessive quantity may also count as evidence of an intent to distribute. Under Virginia Code § 18.
If you have never entered the first offender program before and have not been charged with any type of drug offense in Virginia, you will qualify for this program. Factors that may mitigate, or lessen penalty: - No bodily injury or death occurred as a result of the offense. If you didn't know the drug was in your possession or in your home or car, you may have a defense. 1 prohibits advertising to minors, while Va. 5 governs advertising to the masses in general. The penalties facing defendant's are harsh. As such, the penalty is severe. However, on a second offense, no judge can give a person anything less than three years, a person has to do three years in the department of corrections. Another option would be to request to move your criminal case to a city or county-specific drug court.
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