Virginia Beach Third Offense Drug Charges

Third offense drug offense charges in Virginia Beach will initially be heard in the general district court of Virginia Beach. If it is a felony offense, the preliminary hearing will be in general district court, and the trial itself will be in the Virginia Beach Circuit Court. To learn where your case is likely to be held, or what penalties you are facing consult with a Virginia Beach drug lawyer today.

An experienced drug lawyer will be able to look at the facts surrounding your case and develop the strongest possible defense for your allegations. Call today to schedule a free consultation or read on to learn more about third offense drug charges and how they are treated.

How Do Prosecutors Handle Third Offense Drug Offense Charges?

Second, third,  and all subsequent offenses of possession of marijuana are handled by the police officers that issued the summons and they are Class 1 Misdemeanors. With each subsequent offense after the first, the penalties imposed by the judge tend to increase. Officers really won’t push very hard for stronger penalties. They leave it entirely up to the judge and simply present the facts.

Third and subsequent offenses of distribution, intent to distribute, manufacturing or intent to manufacture marijuana are handled by the prosecutors. They do not take these charges lightly. They tend to closely stick to the statute requirements and require good reasoning to offer a plea deal providing otherwise. This means that routinely defendants who are convicted will spend at least 5 years locked up for these crimes and also take a fine of up to $100,000. These are extremely serious charges and after two times in front of the judge for the same thing it is really difficult to convince the prosecutor that someone should be cut a break and be given a lesser charge.

What Are The Penalties For Third Offense Drug Offenses And Does The Time Between The Drug Offenses Matter?

Third offense possession of marijuana is a class 1 misdemeanor. Penalties for this are up to 12 months in jail, up to $2500 fine and a license suspension for up to 6 months. A third or subsequent felony conviction for distribution, intent to manufacture, intent to distribute, or manufacturing is punishable by even harsher penalties provided for by the statute, which means potentially life in prison.

Someone convicted faces a minimum of 5 years in prison and a fine of up to $100,000. The mandatory minimum is 5 years, which means that the judge is not allowed any discretion to call for a less active jail time. Time between charges can definitely have an effect but it is only one factor in a whole bunch of other ones that are taken into consideration in these charges.