Virginia Beach Drug Distribution Lawyer

A Virginia Beach drug distribution lawyer can help in cases involving the distribution of big volumes of drugs, because there are often numerous important legal issues at play and it is always important to have an Virginia Beach drug attorney by your side fighting to protect your rights.

The penalties in drug cases can get way more serious depending on whether the charge is possession, possession with intent, or distribution. The weight of the drug and the prior record of the defendant are going to weigh in on how serious the charge is.

Drug Distribution Aggravating Factors

Having a criminal record, even if the prior convictions are not drug related, will be an aggravating factor for a defendant’s case. As a Virginia Beach drug distribution lawyer can tell you, the consequences could be enhanced if the defendant has drug-related prior convictions.

The weight and the type of the drug distributed could also be an aggravating factor.  Some substances in particular quantities actually carry a possibility of a lifetime sentence. Sale of drugs on or near school property, including universities and colleges, state hospital grounds, near recreation or community centers or a library is a felony punishable by a jail sentence of not less than one year and no more than 5 years and a fine of no more than $100,000.

Common Ways Drug Distribution Is Charged

In Virginia Beach many possession with intent charges happen when undercover law enforcement officers or a confidential informant is used as part of a drug buy. As a Virginia Beach drug distribution lawyer can tell you, this is by far the most common way that someone is charged with distribution. However, sometimes the police just happen to get lucky and witness something suspicious in a public place that then leads them to catching someone in possession or attempting to distribute drugs.

Constitutional Issues In Drug Distribution Cases

In drug distribution cases, Fourth Amendment issues come up, such as the reason for the initial stop and the reason for the search. If there is enough probable cause to search and whether the seizure was valid are all issues that can and routinely do come up in all types of drug cases.

Additionally, Fifth Amendment issues are popular as well, such as to whether the defendant was read his Miranda Rights, and whether he was given his right to an attorney. Constitutional issues are often the most debatable issues in a drug distribution case, and the outcome of the case can depend heavily on how these issues are ultimately decided.

What Do Prosecutors Have to Prove in Distribution Cases?

Prosecution has to prove that the alleged drug is what the prosecution claims it to be. They also have to prove that the defendant was in control of the drugs in question. Then they have to prove that the defendant had distributed the substance.

The type of evidence depends on how the defendant seems to be charged. In cases with a confidential informant or an undercover police officer, the testimony of the buyer is usually pretty convincing, more than anything else, to show that the drug was distributed. The chemical analysis of the substance is the evidence that will show whether the substance is what the officer tends to believe it to be.

Highly Contested Issues in Drug Distribution Cases

In trial, issues that are highly contested are constitutional issues from where the drugs were found and seized. Whether the drug is what the prosecution claims it to be is another issue that is highly contested. It is really hard to beat a distribution charge when one is caught red-handedly distributing drugs to a law enforcement officer. These types of cases very often end up resulting in a plea deal.

Contact a Virginia Beach Drug Distribution Lawyer

If you are accused of drug distribution in Virginia Beach, you should look for a Virginia Beach drug distribution attorney with experience who can clearly explain to you what the possibilities and options are for your case. You want someone that you are comfortable sharing all of the relevant information with and who will guide you through all the steps required to get you the best possible results in your case. It is very easy for somebody’s rights to get violated and for someone to not have a clue of what their rights are. Having an attorney can prevent this from being the case. Call today.