Law enforcement and prosecutors devote significant time and energy to shutting down drug activity. Someone with little or no involvement in the business of illegal drugs could get caught and face serious criminal charges.
When you are facing drug charges, contact a Chesapeake drug lawyer immediately. Our defense attorneys can vigorously defend against the charges and achieve the best outcome the circumstances permit.
Charges Related to Marijuana
It is legal for adults to possess small amounts of marijuana. Anyone over 21 can possess up to one ounce of marijuana for personal use without criminal penalties. They also can grow up to four marijuana plants at their homes (with specific restrictions).
Possession of larger amounts of marijuana remains illegal, as does possession of any quantity with the intent to sell it. Possessing marijuana on the grounds of a public school and using it in public or while occupying a vehicle is against the law. No one under 21 may legally possess any amount of marijuana.
Possessing more than four ounces of marijuana triggers misdemeanor criminal charges. Possessing more than one pound is a felony, and upon conviction, a person could face between one and ten years in prison and a fine of up to $250,000. Anyone facing criminal charges related to marijuana sale or possession should contact a lawyer in Chesapeake immediately.
Charges Related to Other Controlled Substances
The laws relating to other substances are in Virginia Code §18.2-250. Many factors go into determining the severity of a drug crime, such as the identity of the controlled substances, and the amount law enforcement found.
The U.S. Drug Enforcement Administration in the Department of Justice publishes a Schedule of controlled substances, which ranks drugs according to their medical usefulness and potential for abuse. Schedule I substances include heroin and lysergic acid diethylamide (LSD), and Schedule II substances include methamphetamine, fentanyl, and morphine. Crimes involving Schedule 1 and II substances are felonies.
Other crimes involving controlled substances classed as Schedule III or IV are usually misdemeanors. However, repeat offenders and persons accused of trafficking controlled substances could face felony penalties. A Chesapeake attorney can explain the potential consequences of a conviction in a specific drug case.
Defending Drug Charges
People facing drug charges might feel that the odds are stacked against them. Although prosecutors and judges take drug offenses seriously, a skilled lawyer in Chesapeake can raise multiple defenses that could be beneficial to a person’s case.
The prosecutor’s evidence and the person’s explanation of events usually determine the most effective defense in a specific case. The following defenses are often appropriate in drug cases.
Constitutional Rights Issues
Law enforcement must have reasonable suspicion that a person is committing a crime to stop them or their vehicle, and probable cause to conduct a search. When the officers cannot justify a stop or search, a defense lawyer could ask the judge to suppress the evidence they found.
Police often use wiretaps and other forms of electronic surveillance to gather evidence of drug activity. The legal requirements to obtain warrants for these activities are strict, and the officers must adhere to the limits. A judge could suppress evidence if the warrant was improper or the police did not execute it correctly.
Evidentiary Issues
The identification and weight of the substance are critical in proving a drug crime. A defense attorney could challenge the chain of custody and police methods of ensuring the product was not contaminated while in their possession. Evidence that the lab has a history of improper procedures or misidentifying substances could defeat a drug charge.
Witness Issues
Confidential informants often have a role in producing the evidence law enforcement uses to prosecute drug crimes. In addition, when police arrest multiple people in one incident, prosecutors often convince one person to give evidence against others in return for leniency.
A savvy defense attorney can challenge the credibility of prosecution witnesses. When the witness has a motive to lie, juries might discount their testimony.
Contact a Chesapeake Drug Attorney to Defeat a Charge
Any drug charge is significant because a conviction could leave you with a criminal record that permanently limits your opportunities.
A Chesapeake drug lawyer has the experience, knowledge, and skill to achieve the most favorable outcome possible. Reach out today to discuss your case with our team.
