Fairfax Drug Possession Lawyer

Let us fight your drug charge in court. As a Fairfax drug possession lawyer, I’ve defended clients in the Virginia courts. Call me to discuss your drug possession criminal charges.

read below important information related to defense strategies & penalties:

What Are The Different Types of Drugs?

In the Commonwealth of Virginia, possession of a controlled substance is a very common charge.

The type and amount of substance involved can make a substantial difference in the type of charge and punishment a defendant may face.

If you or anyone you know is arrested for drug possession, contact an experienced Fairfax Drug Possession Lawyer to discuss your case. 

According to the Virginia Code §18.2-250, it is unlawful for any person to knowingly or intentionally possess a controlled substance without a valid prescription.

The punishments for this criminal charge can depend on a number of different factors such as the type of controlled substance, the amount of the controlled substance, the location it was used at, and if there is any prior criminal history of the accused. 

In Fairfax, the drug laws are notoriously tough. Schedule I and II substances include LSD, cocaine, heroin, ecstasy, and methamphetamine.

Whereas Schedule III substances include codeine and other members of the codeine family. Schedule IV substances include Xanax, Valium, and other tranquilizers. 

Schedule V includes medications or drugs with a lower amount of codeine, such as cough medicines.

Schedule VI includes depressant drugs that aren’t drugs in the conventional sense.

Penalties of Drug Possession

It is illegal to knowingly possess a controlled substance without holding a valid prescription. An experienced Fairfax Drug Possession Attorney can explain how the law applies to your case better.

Drug possessions can be charged as either a misdemeanor or felony in Fairfax. The penalty upon the defendant will be determined by the classification of controlled substances:

1. 1. Schedule I or Schedule II substance is a Class 5 felony. The penalties for such a felony offense can include up to 10 years in prison as well as a fine up to $2,500. 
   2. Schedule III substance is a Class 1 misdemeanor. This means the penalties for being convicted of this crime include 12 months in jail and a fine of up to $2,500. 
   3. Schedule IV substance is a Class 2 misdemeanor. The penalties for this include 6 months in jail and a possible fine of $1000. Schedule V substance is a Class 3 misdemeanor. The penalties include a possession conviction and a possible fine of $500. Schedule VI substance is a Class 4 misdemeanor. The penalties for Class 4 misdemeanor can include a fine of up to $250. 

Normally a first-time drug possession arrest does not result in serious criminal charges.

However, people who have been previously charged with a possession arrest prior will face severe penalties. 

In the event you are convicted for a first-time possession arrest, you may be eligible for a drug diversion program.

This means that people who meet the conditions can have their charges deferred until the completion of the program. 

The conditions may be a suspension of license, community service, maintain good behavior, substance abuse education programs, testing negative for drug tests, and any other conditions that the court may deem fit to impose upon the defendant. A violation of any one of these conditions may lead to the court proceeding with the sentencing of the defendant.

Completion of the program, on the other hand, can lead to the case being dismissed with certain requirements.

 

Defense Strategies

An experienced attorney will look at facts and the evidence in your case to identify the best options you may have to fight the charges. The defenses can include;

• Police misconduct, 
• Having a valid prescription for medication,
• Not knowing the substances were in your belongings, your home or car, 
• Challenging the type of drug or the amount of substance,
• Illegal search which resulted in police finding the substances,
• Another person was in possession of a substance.

There is a lot at stake when you are charged with the crime of drug possession.

Such a conviction may not only result in prison time and harsh fines but can also interfere with your personal life, your job, security clearances, etc.

Therefore, contact an experienced Fairfax Drug Possession attorney immediately to help build a case in your defense.

Why is it Recommended to Hire an Experienced Fairfax Drug Possession Lawyer?

The Commonwealth of Virginia aggressively prosecutes drug-related offenses.

The charges and penalties can be harsh.

If you are facing any type of drug possession charge in Fairfax, you will need an experienced Fairfax Drug Possession Lawyer about which defenses can be used in your case.

The attorney’s here at American Lawyers Group have years of experience handling thousands of cases and will be able to provide effective representation to protect your rights.