Aggressive & Innovative Defense Strategies
Manassas Drug Crime Attorney
Defending Against Drug Charges in Virginia
Drug charges are some of the most common criminal offenses in Virginia. Convictions of these criminal offenses result in a criminal record and cause major disruptions in a person’s life. In fact, the mere accusation of possessing any controlled substance or possessing with the intent to distribute can result in the termination of employment. Dischley Law, PLLC can save you from the possible effects a drug charge conviction in Manassas can have on your family and livelihood.
Types of Drug Charges in Virginia
Dischley Law’s Attorneys all prosecuted drug charges in Virginia. Attorney O’Brien spent most of his career focused on the prosecution of drug offenses. Consequently, our Manassas drug crime attorneys know what prosecutors want and need to hear to consider alternative resolutions for drug charges. Our proactive approach ensures that when we speak to the prosecutor on your behalf, your interests are protected.
What substance have you been charged with possessing or distributing?
- Marijuana (distribution only)
- Prescription Drugs (Examples: Oxycodone, Adderall and Xanax)
- LSD (a.k.a. Acid)
- MDMA (a.k.a. Ecstasy or Molly)
From simple possession to possession with intent to distribute (PWID), drug charges are serious. Therefore, if convicted, you are looking at the potential of jail, high fines, loss of federal education loan benefits, and government subsidies. However, despite harsh Virginia drug laws, important statutes exist that, if applied properly, help you avoid a conviction for a drug charge.
Substances are placed within 5 drug schedules based on the Controlled Substances Act. This scheduling categorizes drugs based on the potential for abuse as well as medical usage. For example, Schedule 1 substances have a higher risk of being abused and have no medical purpose, while Schedule 5 drugs are considered less addictive and can be used for medical purposes.
What Are Schedule 1 Drugs?
What Are Schedule 2 Drugs?
What Are Schedule 3 Drugs?
- Aspirin with Codeine or Hydrocodone
- Anabolic Steroids
What Are Schedule 4 Drugs?
What are the Penalties For Drug Crimes in Virginia?
Virginia has a very comprehensive schedule of drugs that summarizes the penalties for drug crimes based on the specific type and amount of drugs that were involved. Below is an overview of the schedules of drugs listed above and their corresponding penalties:
- Schedule 1 drugs: Possession of these drugs is a Class 5 felony, with a fine up to $2,500 and up to 10 years in jail.
- Schedule 2 drugs: Possession of these drugs is a Class 5 felony, with a fine up to $2,500 and up to 10 years in jail.
- Schedule 3 drugs: Possession of these drugs is a Class 1 misdemeanor, with a fine up to $2,500 and with up to 12 months in prison.
- Schedule 4 drugs: Possession of these drugs is a Class 2 misdemeanor, with a fine up to $1,000 and up to six months in jail.
It's important to note that these penalties may vary depending on the case's circumstances, such as the defendant's criminal history and aggravating factors. If you are being faced with a drug charge in Virginia, it's critical to seek the legal advice of a drug crime lawyer from Dischley Law, PLLC. We can help you understand the possible impacts of a drug charge and work towards the best possible result for your case.
How To Challenge Drug Charges in Virginia
When your Manassas drug crime lawyer reviews your case, he will be looking at a number of factors to determine whether the Commonwealth has sufficient evidence to prove its case and whether that evidence was legally obtained.
Factors Our Drug Crime Attorneys Will Review:
- The Stop: A careful look at the initial interaction with law enforcement and its validity.
- The Search: An in-depth analysis of the constitutionality of the search that leads to the recovery of the substance.
- Statements: Were the statements voluntarily given, the result of a knowing and intelligent waiver of Miranda, or covered by some exception.
- Possession: Actual or Constructive – was the substance found on the person or close enough to the person that they could exercise dominion and control.
- Knowledge: Consider whether the possession was knowingly and intentional. A person must know the nature and character of the substance.
- Analysis of the Substance: How was the substance initially analyzed to determine what classification it is. Field test or sent to lab.
- Ensuring all rights protected.
How To Protect Yourself From a Drug Charge
If you have drugs on you, make the officer ‘seize you.’ If the officers order you to stop, search you despite you not giving consent, and force you to make statements under duress or coercion, they need to justify it under the Constitution. If it is not justified, it is not lawful, and the charges must be dropped. All too often, individuals make the case for the officer by consenting and confessing. Do not let this happen to you.
- REMAIN SILENT – This means not answering the police EVER or AT ALL.
- CONSENT TO NOTHING – Do not agree to a search, do not agree to answer questions – agree to nothing.
- KEEP WALKING – If a cop approaches you and says can I ask you a few questions, or can I speak to you, or even hello. Say nothing and keep walking. Make him stop you.
Assertive and successful defenses start the moment the interaction with the officer starts. A Manassas drug crime attorney cannot win a case for you when you have cooperated fully with law enforcement. With prior law enforcement experience, it's hard to give this advice. Most times, you want to strike a balance between being cooperative and protecting yourself. When in doubt, say nothing, agree to nothing, and ask if you can leave. Be polite, and do not make the officer's job harder than it already is. If he tells you to turn around, turn around but only when he ‘orders’ you to do it.
Contact Our Drug Crime Lawyer in Manassas Today
At Dischley Law, PLLC, we have a team of skilled attorneys who are experienced in representing clients in drug-related cases. We know the seriousness of the consequences that often come with drug charges in Virginia and will relentlessly work to ensure that your case is addressed with the utmost attention and care it deserves. Our main goal is to deliver each of our clients with a strategic defense that is tailored to their specific circumstances. Contact our drug crimes lawyers in Manassas today to request a free consultation. You can count on our team at Dischley Law, PLLC, to guide you through this difficult time.
Contact Dischley Law, PLLC, today to get started on your defense with our Manassas drug crime attorney.
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