Drug Charges Lawyers in Winchester, VA
Choose an Experienced & Understanding Criminal Defense Attorney
Being arrested for drug charges in Winchester is a life-changing ordeal. You need a knowledgeable Winchester drug charges attorney on your side to listen to your side of the story, explain the legal procedures, and guide you through the process.
Amable Law is ready to help! Discuss your case with our Winchester drug charges attorneys by calling the firm at (540) 739-2001.
Understanding Drug Possession in Virginia
For a person to be convicted of possession of a controlled substance, the prosecution must either prove that he or she “knowingly” was in possession of a drug, or that he or she had what is called “controlled possession’ of an illicit drug. In the case of controlled possession, the defendant must have had dominion and control over the drug and must have known the location and amount of the illegal drug.
Possession is the least severe drug offense in the state. It can refer to an individual drug user and is typically charged as a misdemeanor unless the drug is classified as a Schedule I or II drugs.
The consequences for possession of certain drugs can include:
- Up to $250 fine for a Schedule VI drugs; almost any prescription drug that is not scheduled I-V is Schedule VI
- Up to $500 fine for Schedule V drugs; e.g. cough medicine with a low amount of Codeine and Lomotil
- Up to $1000 fine and up to six months jail time for Schedule IV drugs; e.g. Klonopin, diazepam (Valium), and Alprazolam (Xanax)
- Up to $2500 fine and up to 12 months in jail for Schedule III drugs; e.g. low concentration Hydrocodone (Vicodin), Ketamine and Anabolic Steroids
- Up to $2500 fine and one to ten-year imprisonment for Schedule I or II drugs; e.g. heroin, Fentanyl, LSD, ecstasy, and Adderall
However, these sentencing guidelines can differ depending on circumstances, such as whether the defendant is a repeat offender or a minor.
Virginia Drug Charges: Manufacturing & Distributing
For a charge involving the manufacturing of drugs, the prosecution may have to prove that the defendant had two or more ingredients in possession with the intent to manufacture an illicit drug. To convict someone of distributing drugs (or intent to do so), the prosecution usually uses evidence such as the amount and packaging of the drugs that the defendant is found with. The Code of Virginia § 18.2-248. lays out some specific amounts of various substances, but the prosecution may also bring in a drug expert to verify that the amount of the substance is too great to be only for individual usage.
Manufacturing and distributing illicit drugs is handled more severely than possession in Virginia. As is the case in most crimes, the sentencing increases with repeat offenses.
The consequences for manufacturing and distributing of illicit drugs can include:
- Up to $2500 fine and up to 12 months in jail for Schedules III, IV, or V drugs (misdemeanor)
- Up to $2500 fine and up to 12 months in jail or up to 10 years of imprisonment for half an ounce to five pounds of marijuana with intent to distribute (felony)
- Up to $500,000 fine and five to 40 years imprisonment for Schedules I or II drugs (felony)
Contact Amable Law Today
Whether you have been arrested or being investigated for any type of drug crime in Virginia, know that you can count on our Winchester criminal defense lawyer to be on your side. From day 1 of our client-attorney relationship, you can rest assured that we are prepared to go above and beyond to help you and earn your trust. Since we established our firm, we have been successfully representing clients in a variety of drug charges. Let our drug crime lawyers put our extensive experience to work for you.
Don’t hesitate to call an honest and trustworthy Winchester criminal defense attorney who cares for your legal needs personally. Call Amable Law at (540) 739-2001.