The police are known for aggressively pursuing arrests in drug trafficking cases. While this offense has some similarities with possession with intent to distribute, there are also differences to take into account. A skilled defense attorney could help you avoid a conviction or secure another favorable outcome.
If you have been arrested under suspicion of this offense, now is the time to consider your strategy. You have the right to legal counsel, and hiring a Chesapeake drug trafficking lawyer could improve your chances of an acquittal.
What is Trafficking?
The term “trafficking” is used for many things, especially in other jurisdictions. In Virginia, this language refers to transporting a controlled substance by any means with the intention of selling or distributing it. A conviction requires proof that a person possessed a minimum amount of certain drugs at the time. This includes more than an ounce of cocaine or at least five pounds of marijuana.
Penalties for a Drug Trafficking Conviction
When a person is convicted of drug trafficking, the consequences can be severe. It is treated as an unclassified felony, which means the standard sentencing ranges do not apply. Instead, Virginia Code § 18.2-248.01 sets out the specific penalties.
First-time offenders will face a prison term between 5 and 40 years and a fine of up to $1,000,000. There is also a minimum term of three years in prison, with the remaining time potentially served on probation. For second and subsequent offenses, the same maximum penalties apply. However, the minimum term in these situations is ten years. The time must be served consecutively with other sentences from the same incident. An attorney in Chesapeake can help a person understand the possible penalties for drug trafficking.
In addition to jail time and fines, there is also the potential for property forfeiture in these cases. The prosecution can pursue legal action in an effort to seize any assets of the defendant if they were associated with the act of trafficking drugs. This often involves taking vehicles that were used to move narcotics. Before the state can seize and sell these assets, they must go through a formal court process. They can seize anything from cash to laboratory equipment and even real estate, so long as the mandatory minimum sentence in the case is five years.
Potential Defenses
A Chesapeake drug trafficking attorney can provide a number of strategies for fighting back against these charges. The simplest approach is to hold the state to its high burden of proof. If the prosecution cannot establish beyond a reasonable doubt that the accused trafficked controlled substances, the jury must acquit that person of the charges.
Another strong option involves the violation of the constitutional rights of the accused. If the police unlawfully execute a traffic stop or search someone’s home without a warrant, the evidence they recover could get thrown out at trial. This may leave the prosecutor without enough evidence to convict.
Finally, there are weight limits when it comes to the controlled substances in question. Establishing that the drugs in question are not over the specific threshold will not result in all charges being dropped, but it might reduce the case to simple possession.
Speak to a Drug Trafficking Attorney in Chesapeake Today
These charges are serious, but a conviction is far from certain. If you have strong legal counsel by your side, it may be possible to obtain a positive outcome. Call right away for a private consultation with a Chesapeake drug trafficking lawyer.
