Fight Your Drug Charges With The Help Of Our Virginia Criminal Defense Attorneys

For a variety of reasons, including addiction and poverty, drug offenses are a complicated aspect of criminal law. Those convicted of drug offenses in Virginia face jail time, steep fines and a criminal record that could impact their future employment and housing options.

If you find yourself charged with possession, distribution or another drug offense, it’s important to take these charges seriously and address them with the help of an experienced attorney. For decades, Walker Jones, PC, has been a trusted criminal defense resource for clients in Warrenton, Rappahannock and throughout Virginia. Our team of dedicated attorneys offers 240 years of combined legal experience as well as a strong track record of success – in and out of the courtroom.

Drug Possession And Factors Influencing Penalties

For nearly all other “street drugs,” including heroin, cocaine and methamphetamines, possession can result in felony charges. Penalties may include jail time, fines and a permanent criminal record.

Sentencing will depend on several factors, including:

• The type and quantity of the drug
• Your criminal history and any prior convictions
• The circumstances of your arrest
• Aggravating factors like being caught near a school or involving minors in drug activities

There are two types of basic possession. The first is “actual possession,” wherein drugs were allegedly found on you or otherwise clearly in your possession. The second type is known as “constructive possession,” wherein the drugs were not on you but were found in a place that you had access to and presumably had control over. Constructive possession is more difficult for prosecutors to prove.

What Does It Mean To Be Accused Of Drug Distribution?

Distribution refers to the act of selling, delivering or otherwise providing illegal drugs to others. The drug distribution penalties vary based on the quantity and type of the drug involved, as well as your prior criminal record. For example, distributing Schedule I or II drugs, such as heroin or cocaine, carries harsher penalties than distributing lower-schedule drugs.

Several factors influence sentencing if you are convicted of drug distribution. The court will consider:

• The amount of drugs involved
• Whether the distribution occurred near a school or public area
• If minors were involved
• Any prior convictions for drug-related offenses
• Whether you were operating as part of a larger criminal organization

If you were allegedly part of a group accused of drug distribution, the judge may also take into account your role in the distribution network.

Changing Marijuana Laws Can Sometimes Lead To Confusion

Virginia’s marijuana laws have changed significantly in recent years, with a major change enacted in July 2021. Adults aged 21 and over can legally possess up to one ounce of marijuana for personal use. They can also grow up to four marijuana plants per household.

Possessing more than one ounce but less than one pound is considered a civil offense and can result in a $25 fine. If you are caught with more than one pound, however, it becomes a felony, which can lead to serious penalties, including imprisonment. Selling or distributing marijuana without proper authorization remains illegal and can result in severe criminal charges. It’s also important to note that public consumption of marijuana is still prohibited. Using marijuana in public places or in a moving vehicle can lead to legal consequences.

In some respects, marijuana laws have become more confusing due to partial legality or decriminalization. But ignorance of the law is not a valid defense. Instead, if you’ve been charged, contact our attorneys to discuss your legal options.

Can Police Search Your Home Or Vehicle Without A Warrant?

In Virginia, police generally need a warrant to search your home or vehicle. However, there are some exceptions to this rule. For instance, if the police have probable cause to believe that your vehicle contains evidence of a crime, they may be able to search it without a warrant. Probable cause means there are enough facts and circumstances to lead a reasonable person to believe that a crime has been or is being committed.

When it comes to your home, the requirements are stricter. Police usually need a warrant to enter and search your residence. Exceptions include situations where there is immediate danger, evidence might be destroyed or if you give your consent for the search.

If you find yourself in a situation where law enforcement wants to search your home or vehicle and they do not present a warrant, you can and should refuse to give your permission. They might conduct the search anyway, but withholding consent gives you the option to challenge the legality of the search later on.

Confidential Consultations Available – Contact Us Today

Walker Jones, PC, serves clients throughout Virginia from our offices in Warrenton and Rappahannock. To discuss your legal options with one of our experienced drug crime defense attorneys, call 540-595-3657 or submit an online contact form.

Meet Our Virginia Criminal Lawyers

John C. Clark

Antonio R. Benedi

Walker Jones, PC, serves clients throughout Virginia, including Fauquier, Rappahannock, Culpeper, Loudoun, Prince William, Fairfax, Arlington, Alexandria, Warren, Winchester, Frederick, Clarke, Stafford, Spotsylvania, Fredericksburg, Madison, Orange and Albemarle.