Arlington Drug Penalties
Historically Virginia is a conservative state when it comes to criminal justice and as a result, Virginia drug laws tend to be harsher than those in other states, and in some cases even those in federal court. Virginia is one of the few states that have no parole, so if an individual gets a 20-year sentence, they must serve the vast majority of that sentence without eligibility for parole. In another state, they might serve half the sentence, or perhaps even less.
Overall, the penalties for Arlington drug convictions can be severe, and there can be consequences even for just facing these types of charges. Due to this fact, it is important that anyone accused of a drug offense consult with an Arlington drug lawyer to help build a strong defense.
Types of Drug Offenses
Drug-related charges can include many charges, from simple possession of a misdemeanor substance all the way up through distribution, manufacturing, and transportation, which are felonies and can carry significant sentences. The exact penalties someone faces for a drug charge in Arlington depend on what act someone will be charged with, what drug, how much of it there is, and if there are any aggravating factors to the case.
Potential Consequences
For a first time drug offense in Virginia, a person should expect much lighter sentencing than if they have multiple convictions on their record. For example, someone with a first offense possession charge in Virginia has an opportunity to have the charge ultimately removed from their record and not be convicted.
Under that circumstance, a person can take a drug class, abstain from using illegal drugs for a period of time, and do some community service hours. Once that person has done all those things and enough time has passed, the judge will throw the conviction out, and only the arrest would remain on their record.
However, that remedy is only available to people who are charged with a first offense. After that, Arlington drug penalties become increasingly more serious, and eventually people will face incarceration even for simple drug possession.
That is especially true for felony substances. For example, if a person has multiple charges involving the possession of heroin, they would spend a significant time in prison, because judges know that heroin is one of the hardest drugs to kick. Generally, as a person continues to find themselves in the criminal justice system, the sentencing is likely to worsen.
Influencing Factors
There are many different factors that may influence a penalty for drug charges in Arlington, the most obvious of which would be the type of drug involved. Drugs are categorized into different schedules under both federal and Virginia law. If a person is found with a Schedule I or II drug in their possession or they are distributing that drug, the penalties are far more severe than the penalties for misdemeanor levels of drugs such as marijuana.
Additionally, the amount of drugs in a person’s possession also plays a major role, especially in a distribution or possession with the intent to distribute situation. A higher weight possession generally gives a person a greater incarceration penalty, though this also depends on the person’s prior record. If a person has prior drug-related convictions, they should expect a harsher outcome and would require the help of a lawyer even more so than a first offender.
Mitigating Factors
If a person is charged with first-time possession of drugs, a program in Virginia could enable them to avoid being convicted of that charge even if the evidence is sufficient to find them guilty. They must complete a drug evaluation and class, abstain from the illegal use of drugs over a certain period of time, and complete some community service hours in order to work off the charge. But if they successfully complete all of those requirements, the court will ultimately not find them guilty of the charge.
Working with an Drug Attorney
The best way to keep up to date with potential penalties for a drug charge and to know what specific charges you may face is by contacting a skilled drug attorney in Arlington and by asking questions. Skilled attorneys in Arlington will investigate and examine evidence, retain experts if they need expert opinions for the case, build solid defenses, and aggressively fight for their client.
