If you have been charged or accused of a drug offense, it is essential that you seek the advice of a seasoned Fauquier County drug lawyer. In an effort to appear tough on drugs, many Virginia prosecutors will push aggressively for maximum penalties. Even if you are completely innocent of the charges, it is crucial to obtain devoted legal representation to challenge the prosecution’s case against you.
Why Retain a Fauquier County Drug Lawyer?
An aggressive drug attorney works to protect the rights of those accused of controlled substance violations in Fauquier County and throughout the Commonwealth. Your lawyer will strive for the justice you deserve and focus on developing strategies for your defense. Our team has extensive knowledge concerning the Virginia criminal justice system and will be able to formulate a strong legal strategy with which to answer your charges. If you are seeking a criminal lawyer for other charges, visit our general Fauquier County page here to learn more.
Drug Crimes in Virginia
There are numerous crimes involving drugs that can be committed in the Commonwealth of Virginia and a variety of penalties involved in a conviction of the charge. Charges can include:
- Drug crimes that involve children,
- Drug paraphernalia possession,
- Drug DUI, and
Although the penalties for all these crimes are serious, the level of severity varies among the different kinds of drug-related offenses. Many of these crimes are felonies with the potential to land an offender in prison for many years. The severity of the penalties also vary with the amount and type of drug involved in the offense. Any offense that involves highly addictive drugs (e.g., cocaine, heroin, methamphetamines, etc.) could increase the amount of jail time even if the amount in question is small.
Possession with Intent
If you have been charged with “possession with intent”, it means that the police or prosecutor believe it was your intention to distribute, sell, or deliver the illegal drug. Most likely, the prosecutor will examine the quantity of illegal drugs that were in your possession in addition to other evidence that would indicate your intent to distribute, sell, or deliver. This might include evidence such as packaging equipment, baggies, and your cell phone records.
It could be that the drugs that were in your possession might not have been yours, or they were for your specific personal use only. However, any corroborating evidence the police or prosecutor finds might be enough to upgrade a simple charge of possession to a more serious “possession with intent” charge.
Additional evidence might be able to lead the prosecutor to conclude you had “constructive possession.” This often refers to a case where paraphernalia or drugs were found in an area that you controlled, such as an apartment you were renting or a car you owned. The prosecutor could conclude that you had knowledge of your drug possession because you were in control of the area.
An easier case for a Fauquier County prosecutor to prove would be “actual” possession, meaning that the drugs or paraphernalia were found in your pocket, hand, etc. Additionally, distribution might have been obvious when there was an exchange of valuable items/cash for the illegal drugs. However, your skilled Fauquier County defense lawyer may be able to prove that you were merely sharing the drugs with friends. The type of strategy used by your attorney could play a key factor in the penalties that you might face if you are found guilty of the charges.
Developing a Strategy
A Fauquier County drug lawyer can investigate whether or not your constitutional rights were violated at any point during the search and seizure portion of your case. Individuals that work for the federal and state justice systems can easily make mistakes when gathering evidence for the prosecutor. In fact, if your rights were violated, your attorney might be able to have the evidence excluded so it cannot be used against you in the case. Sometimes, the actions of your defense attorney make it impossible for the prosecution to prove their case against you.
As your legal representative, Steve Duckett will work hard to protect your rights while aggressively seeking a positive outcome in your case. An aggressive defense is essential, and an attorney’s experience handling drug cases throughout Virginia gives them the level of knowledge you want on your side. He will listen carefully to you and begin developing a strategy well-suited to your specific situation. This may include conducting an in-depth investigation into your case, and locating any weaknesses or flaws in the prosecution’s evidence. A Fauquier drug lawyer can work tirelessly on your behalf to reduce the charges and obtain the best possible outcome for you. If you or a loved one has been charged with a drug-related offense in Fauquier County, call our office today for a free consultation.