Charged With Drug
Possession in Virginia?
Fight Back, and Protect your Rights and Freedom to Drive!
Any drug possession charge is serious, and must be defended
vigorously
to avoid the harshest penalties. Many types of cases have mandatory
minimums, giving judges little discretion on the sentencing. That's why
it's important to get started right away to preserve all options in your
defense.
Drug Classifications
Virginia drug penalties are dependent on the classification of the
particular controlled substance based primarily on potential for
abuse.
The commonwealth of Virginia's classifications mirror the Federal
government's classification into schedules, as per the
Federal Controlled Substances Act.
Drug schedules are re-evaluated annually as usage and potential for
abuse may change. New drugs are also added.
The 5 drug schedule classes are:
| Class |
Description |
Common Examples |
| Schedule I |
High potential for abuse. No currently accepted
legitimate medical use for treatment. |
Heroin, Ecstasy (MDMA), LSD, GHB. Marijuana is a also
considered a schedule 1, but it's penalties are separate and
not at severe. |
| Schedule II |
High potential for abuse. Some highly restricted medical
uses. |
Methamphetamine (crystal meth) and other
stimulants. Morphine, PCP, Cocaine, methadone, Ritalin |
| Schedule III |
Potential for abuse less than Schedule I or II. Does
have legitimate medical uses. |
Anabolic steroids, codeine and hydrocodone (Vicodin,
Lorcet, Dolacet and others) with aspirin or Tylenol, Special
K (Ketamine), some barbiturates and other depressants |
| Schedule IV |
Low potential for abuse compared to Schedules I-III.
Does have legitimate medical uses. |
Many prescription drugs such as Darvon,
Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as
well as other tranquilizers. |
| Schedule V |
Low potential for abuse compared to other drug
schedules. |
Codeine based cough medicines. |
Drug Charge Defense
I defend all types of drug charges.
How I Defend Drug Cases
Each drug charge is handled differently depending on the facts of the
case and the seriousness of the charge. For a simple possession case, I
may work to negotiate a plea that the defendant can live with.
For a serious possession with intent or distribution charge, I will
use a barrage of motions, challenge every claim and make the prosecution
prove every element of the crime beyond a reasonable doubt.
I've defended hundreds of drug cases, and I've been able to save
my clients from severe penalties countless times. Don't give up hope,
even if you think you are guilty. Give me a call - I'll listen to your
case, review the evidence, and let you know what I would do to fight it,
and what I think your chances are.
If you are facing any type of drug charge in Virginia, you need to
speak to an experienced criminal defense attorney right away. Call me now to schedule a no-obligation, no-risk, free
consultation at (866) 382-8646. I'll talk to you about your case, let you
know what you are facing, and let
you know exactly what I can do to help.
Sincerely,
The Attorneys of VaCriminalDefenseLawyer.com
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Related Drug Offenses
"Possession of firearms while in possession of certain controlled
substances" (18.2-308.4.) is a class 6 felony itself, with
penalties of up to 5 years in prison for that charge alone.
More References:
§ 18.2-255. Distribution of certain drugs to persons under 18
prohibited; penalty
§ 18.2-255.1. Distribution, sale or display of printed material
advertising instruments for use in administering marijuana or controlled
substances to minors; penalty - Marijuana magazines/advertisement -
Class 1 Misdemeanor
Drug paraphernalia - pipes, bongs, needles, spoons, scales, packaging
materials
§ 18.2-255.2. Prohibiting the sale of drugs on or near certain
properties - 1000ft school zone, 1000ft school bus stop, community
center, public library, parks, or other public property - Felony with
mandatory minimum of 1 year in jail.
§ 18.2-248. Manufacturing, selling, giving, distributing or
possessing with intent to manufacture, sell, give or distribute a
controlled substance or an imitation controlled substance prohibited;
penalties - Schedule I-II: minimum 5 years in jail. methamphetamine:
minimum 10 years in jail.
If "not for profit", it's a class 5 felony.
Schedule III - class five felony.
Schedule IV - class 6 felony
Schedule III or IV "not for profit", i.e. friend - class 1
misdemeanor
§ 18.2-250. Possession of controlled substances unlawful
Schedule I or II - class 5 felony
Schedule III - class 1 misdemeanor
Schedule IV - class 2 misdemeanor
Schedule V - class 3 misdemeanor
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Proudly defending my clients in Northern Virginia,
including the Counties of Prince William, Fairfax, Fauquier,
Arlington, Alexandria, Falls Church, Spotsylavnia, Warrenton,
Culpeper, Hanover, Caroline, and the cities of Manassas, Manassas
Park, Haymarket, Dumfries, Quantico, and Vienna, VA.
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