You Did Not Intend to Distribute. The latter, however, cannot be classified as committed unless all three elements get fulfilled. The Court Cannot Prove Possession: unless the prosecution proves possession, the defendant hardly gets convicted. These are drugs generally considered those with a high potential for addiction or abuse, and with little or restricted medical value. If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. Drug possession charges can lead to further investigation into your existing or intended activities. The difference between drug distribution and possession with intent to distribute is the physical act of distributing the drug. The specific factors in a drug possession case—including the nature of the charges, possible defenses, potential penalties, and the opportunity for reducing sentencing—depends on: - The drug's classification. Possession with Intent to Distribute A Controlled Substance on School and Public Property: Possession with Intent to Distribute a Controlled Substance at certain locations (public schools, school bus stop, public libraries, etc. ) Above, we mentioned the possibility of holding a large amount of drugs for your own use. Possession of Fentanyl - § 18. You merely have to determine if yours was an unconstitutional seizure.
The Commonwealth must prove that the substance found is an illegal controlled substance. To convict an offender of possession with intent to distribute a controlled substance in Virginia under §18. Hence, to avoid mistaken confessions, it is in your best interest not to bother explaining much. As a result of these serious consequences, our Manassas drug defense attorneys will fight to secure your best possible outcome. If it is a person's second conviction for illegal drugs, they can receive a mandatory minimum sentence of three years. Virginia imposes a minimum penalty of one year in prison for such crimes. This is an area where the D. marijuana law gets fuzzy as well. Other Charges Related to Possession with Intent to Distribute A Controlled Substance in Virginia. What the Prosecutor Needs to Prove. Talk to an experienced Virginia drug lawyer today.
The Virginia Drug Control Act classifies substances into six categories: - Schedule I. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. Virginia makes it a felony to knowingly and intentionally possess a Schedule I or Schedule II drug. These cases typically involve an undercover officer actually purchasing drugs from a suspected drug dealer. As explained earlier, having paraphernalia does not necessarily amount to a crime in Virginia. If the Commonwealth cannot rebut this theory of innocence as to intent, you could argue that you were not directly involved in its distribution.
Class IV includes tranquilizers such as Valium and Xanax. If you'be been arrested for drug possession with intent to distribute you need to speak with an experienced drug defense attorney as soon as possible. Of course, many individuals will also have strong defenses at trial if the prosecution cannot prove they possessed the drugs in question or that the drugs were for distribution and not personal use. Most of them have no accepted medical use such as marijuana, LSD, heroin, ecstasy, and GHB. If you didn't know the drug was in your possession or in your home or car, you may have a defense. Under federal law, the crime divides into three sections; intent to distribute, possession, and possession with intent to distribute.
2-248(C) also has harsh punishments when large amounts of drugs are involved. Entering and successfully completing substance abuse treatment or an educational program if appropriate based on the assessment. The most common method is the sheer quantity of the substance possessed. Instead, you will have to undergo a 6-12 month probation period. All of which, they can handle even on short notice as most offenses happen unrealized and unexpected.
In Virginia, controlled substances are classified according to their potential for abuse and addictiveness. Possession of an Anabolic Steroid with Intent to Distribute: This offense, charged under Va. 2-248. For a third conviction, the mandatory minimum is 10 years, and must be imposed consecutively to any other sentence. Are you or your loved one facing Virginia drug possession or distribution charges? Schedule IV: These drugs have a low potential for abuse in comparison to drugs in the other schedules and have an accepted medical use in the United States of America. For every other Schedule I or II substance like heroin, cocaine, PCP, meth, or over half an ounce of marijuana, the PWID offense is charged as a felony.
For instance, you may be charged with "over an ounce" of marijuana when you have less than an ounce of marijuana in a substance that is itself more than one ounce, e. g; brownies or other "edibles. There is a possibility that someone hid drugs in your home, car, etc. There Is a Large Volume of Drugs. For example, if the police arrested you without probable cause, you may be able to get the evidence against you thrown out. An attorney experienced in trying drug cases is best suited to identify weaknesses in the prosecution's case, defend you throughout the investigation, and represent you in court if the case goes to trial. However, on a second offense, no judge can give a person anything less than three years, a person has to do three years in the department of corrections.
I) Envelops, gelatin capsules or containers capable of packaging individual quantities of illegal drugs in plenty to suggest conscious intention to use such equipment in the manufacture, dispensing or distribution of illegal drugs. Possible penalties for different classifications of drugs and other offenses include: - Schedule I and II. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. Role of an Attorney. However, to be allowed in drug court, both the prosecutor and the Pretrial Services Agency must agree its an appropriate resolution for the case. This crime is punishable by a sentence of up to 12 months in jail and fines of up to $2, 500. If the offender successfully completes the program, the charge will be dismissed. Please remember that no two possession cases are exactly the same.
The Drugs Were Not Yours. The second offense attracts 5-30 years of imprisonment or up to $50, 000. Illegal drugs are separated into five classifications in Virginia based on their redeeming medical qualities and tendency to be abused. The program requires either entering a guilty plea or stipulating that enough evidence exists to prove your guilt. 5(A) is punished with a mandatory, consecutive minimum of 6 months in jail with a maximum of 10 years in prison and a fine up to $20, 000. Many are ones that can be prescribed, such as opioid painkillers, but others are street drugs that are illegal to possess no matter the circumstances.
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