Virginia Drug Possession Lawyer
Drugs are a priority for law enforcement and therefore drug possession charges are going to be taken seriously. A Virginia drug possession attorney can investigate all the details of your case and utilize every available resource in order to create a solid defense for someone facing charges.
The penalties for drug offenses in the Commonwealth of Virginia are especially harsh, and there is a wide range of offenses. With the help of an experienced Virginia drug lawyer, you can fight drug possession charges with a strong defense.
Possession Laws in Virginia
There are two types of possession under Virginia law. Actual possession is where a person is holding something in their hand or it is on their person. With actual possession, the accused individual is clearly in possession of the drug or substance. Constructive possession, on the other hand, occurs when the drug is not found on the accused’s body or in their immediate vicinity, but it is in their control and dominion and the person has knowledge of it.
Constructive possession cases are common drug cases that originate around a motor vehicle. It is not unusual for every person that is occupying the vehicle to be charged with possession when drugs are found in the vehicle with multiple passengers. The state has to prove that each person that is charged knew that the drugs were in the vehicle and had control over the drugs. Those can be difficult cases for the state to prosecute as there are many defenses that may be available for a Virginia drug possession lawyer to use.
Th penalty for possession depends entirely on the kind of drug that the person possessed. If it is a Schedule I or II drug, it will be charged as a felony. If the drug is a Schedule III or higher classified drug, it will be charged as a misdemeanor.
Virginia has a first offender treatment program that can be negotiated with the help of a Virginia drug possession attorney. If a person is charged with possession as a first offense, that person will be eligible for a disposition that is available only to first-time offenders. Typically, that involves completing a substance abuse evaluation and following recommended treatments. Additionally, the accused has to perform community service hours and their license will be limited for six months, enabling them to only go to and from work, school, drug programs, and probation. If the accused completes all of the requirements and has no further violations, the drug charge will be dismissed.
Working with a Virginia Drug Possession Attorney
A skilled drug possession attorney in Virginia will be essential in determining the best course of action for someone facing drug possession charges. The best advice they can give their client is to avoid making any statements during the investigation phase. If their client remains silent, it is going to be much more difficult to the government to prove their case beyond a reasonable doubt.
A Virginia drug possession lawyer will take investigate the search and seizures done as well as any incriminating statements that the accused made. They will look at the laboratory results and the methodologies that are used by the laboratories to determine the substance that is being investigated, the chain of custody issues, and any other statutory or constitutional violations that might exist. They will work hard to build the best defense they can for an individual’s particular case.