Virginia Beach Drug Possession Lawyer
Virginia Beach takes all drug charges including drug possession very seriously. Some of the factors that can impact the seriousness of the charge are the type of drug in question, the weight of the substance, the defendant’s prior criminal record, and whether the prior criminal record includes a prior drug record. If you are facing drug possession charges in Virginia Beach or one of the surrounding areas, schedule a free consultation with a Virginia Beach drug possession lawyer to learn more about the charges you are facing, the strength of the case against you, and possibilities for defense. A drug lawyer in Virginia Beach is available to discuss your case.
Enforcement of Drug Possession in Virginia Beach
Drug possession is a big priority for law enforcement officers in Virginia Beach. You will almost never see someone just get off with a warning for a drug charge. Which specific drugs law enforcement officers are trying to crack down on may change over time, but marijuana is always one of the most commonly charged possession offenses, particularly in traffic stops.
Penalties
Possession can be a felony, and the penalties will vary based on the drug that the individual was found in possession of. They can range anywhere from a small fine to the possibility of 10 years in prison, depending on the drug and depending on the individual’s past record. Penalties include:
- A negative stigma that makes it hard to secure employment
- The loss of the right to vote
- The loss of the right to possess a firearm
- The loss of the right to drive
- Fines
- Jail time
While penalties for possession are harsh, Virginia has a first offender program that allows people to keep a conviction off of their record. This program requires that an individual:
- Maintain good behavior
- Test negative for illegal substances
- Complete community service
In most cases, if an individual does these three things, they may be able to keep a possession charge off of their record with the help of a Virginia Beach drug possession attorney.
Alternative Sentencing
People charged with drug possession for the first time are typically put on probation rather than given any active jail time. The probation entails a treatment and education program, random drug testing throughout the probation period, 24 hours of community service for misdemeanors or 100 hours of community service for felonies, and paying all of the costs associated with the finding.
At the end of the probationary period, if all the requirements have been met and there haven’t been any dirty drug screens, then the defendant’s case is generally dismissed. If later on the defendant gets convicted, the first offense is brought back and the defendant suffers the consequences of the subsequent charge as well as the first one.
If you want to know if probation may apply to you and your fact-specific case, contact a Virginia Beach drug possession lawyer and schedule a free consultation. It costs nothing, and you can learn more about your options and preparing for your case.
How Can a Drug Possession Attorney in Virginia Beach Help?
For drug possession cases, a Virginia Beach drug possession lawyer will carefully analyze the facts from the very beginning of the incident, carefully looking at how the drugs were discovered, and then eventually seized. The search is one of the first things that the defense is revolving around. It needs to have been legally performed and there needs to have been either
(1) probable cause for the search or
(2) consent or a valid search warrant.
If these things are missing, that is a prime situation to get the whole case thrown out.
Sometimes, there are issues of whether the accused actually possessed the drugs. The police officer has to show that the substance was either found on the defendant or that the defendant was in constructive possession of the drugs.
Constructive possession is when the defendant exercises dominion and control over the substance, and therefore it can be argued that the circumstantial evidence suggests that the drugs belong to him despite not being found on his person. This is a hot topic of debate in many drug cases for possession because someone can be charged with possessing a drug that isn’t actually in their physical possession. This can be an important issue to discuss with a Virginia Beach drug possession lawyer.
