How Are Drug Cases Prosecuted in Norfolk?

Below, a Norfolk drug lawyer discusses how drug cases are prosecuted in Norfolk. Schedule a free consultation to learn more about drug cases or to discuss your charge.

Are Drug Cases Prosecuted Seriously in Norfolk?

Drug cases are taken very seriously in Norfolk. Someone can expect to be prosecuted to the fullest extent of law. These charges are no joke which is why it is important for someone charged to come to court 100% prepared. The drug laws come with very harsh penalties.

What do Prosecutors in Norfolk Need to Prove For Drug Possession?

For possession the prosecutors have to prove that whatever the substance in question is, it is actually a drug. Then the prosecutors have to also demonstrate that the defendant was in possession of the drug which can get complicated because the drugs are not always in the direct possession of the defendant. So then the question becomes one of whether the defendant was in constructive possession of the drug. Constructive possession is when the possession is proven by circumstantial evidence that shows that the drugs do actually belong to the defendant despite him not having them actually on his person.

What About Possession with Intent to Distribute?

For possession with intent to distribute cases the crucial element that the prosecutors need to prove is the defendant’s intent. The prosecutor has to prove that the defendant possessed the drugs for more than personal use and that they did sell on purpose.

Selling or manufacturing drugs  is covered in Virginia code section 80.2-248 which is a really long statute that explains the various types of manufacturing, selling, giving away or distributing drugs or possessing them with the intent to distribute them. The prosecutor has to prove that the defendant was guilty of specifically whatever type of manufacturing or selling that he is accused of which can range from actual production or processing of drugs to exchanging drugs for money.

How Do Prosecutors Prove a Drug Case in Norfolk?

To prove a case the prosecutors have to prove the intent and there are various ways that they can go about doing this. If the defendant said anything to the police officer then his statement could be used as an evidence of his intent which is why it is important to exercise your right to remain silent and not help the prosecutor to build a case against you.

The amount of the drugs become important as well and the prosecutor must present evidence to show that the amount of the drug was greater than what would be expected for just personal use. They may use experts to testify on where the line is drawn for personal use versus distribution. Anything else that the police find at the scene that points to the drug being distributed can come in to play as well. These types of evidence could include money or baggies or scales or lists of customers or really anything that tells that the defendant was dealing the drug or was planning on doing so.

Why is Hiring An Attorney With Local Experience in Norfolk Important to a Drug Case?

It is important because Norfolk attorneys are in those courts all the time. It allows them to know things that other attorneys wouldn’t know such as how certain judges handle specific facts and what defenses would be more accepted by whom. Local attorneys have likely had cases with the same judges over and over and over again and may have a more familiar working relationship that can help get a better deal for the defendant or at least know what they can expect so that the defendant can be prepared. Local knowledge can often be the difference between a win and a loss.

Why Do Clients Choose to Work With You in Their Norfolk Drug Cases?

Clients choose to work with me because I will work tirelessly to help them obtain the best possible results. I have a large network of people that can reach out to which can give the client more access to more knowledge and experience than just my own. I try my best to keep my clients as informed as possible so that they know where their case is at any given time and I like to let them know the strengths as well as the weaknesses of their case. I think it is important for a client to know what to expect in the worst case scenario as well as the best case scenarios so that they are prepared for anything and they are never blindsided on the day of their hearing.