To possess a drug, under the laws of Fairfax, means to have the drug on their actual person. On their person means in one’s hand, in one’s pocket, in one’s shoe, in one’s pants, in a bag that is on one’s back, or in a purse that is on one’s arm. Essentially, a drug that is in contact with the person in some way, shape or form is possession. Marijuana and all scheduled drugs, I through VI, are illegal. Drug possession is taken seriously in Fairfax, which is why it is important to work with a skilled drug attorney. Work with a Fairfax drug possession lawyer that could build a solid defense for you.
Local law enforcement takes drug possession very seriously. It is a crime and, given the growing trend across American that drug possession should be viewed more as a sickness than a criminal offense, the drug team in Fairfax takes drug possession very seriously.
Arrests are made swiftly. They use the smell of marijuana or the possession of the drugs as a precursor to search a person and see if they can find other things. Drug possession is frowned upon in the city of Fairfax.
Additionally, drug possession offenses are prosecuted to the fullest extent of the law. The code does have first offender programs for first-offense marijuana and first-offense Schedule I and Schedule II possessions, so if an individual is in one of those categories, the code can be of assistance.
There are two categories of drug possession, actual and possessive construction. Actual possession refers to when the substance is on the person, so in one’s hand, in one’s pocket, in one’s purse, in one’s bag, stashed in one’s pants, under one’s jowls, in one’s shoe, or whatever the case may be. It must somewhere on one’s physical person.
As far as constructive possession, the drugs can be in a vehicle in which a person owns or in which they operating, in a home in which they live, or a bag inside of a home in which they live. Even laying on the ground next to a person can be a form of constructive possession. There are a plethora of ways in which somebody can possess a scheduled drug. Constructive possession is having a drug around a person while they exercise dominion and control over that drug with the knowledge of the drug’s makeup and with the intent to exercise dominion and control over it. A person could also be charged with possession of drug paraphernalia. When building a defense, a Fairfax drug possession lawyer could question whether the police had reasonable cause to search an individual and whether they have the right to do so.
There are many separate elements to a drug possession offense. Working with a Fairfax drug possession lawyer is important because they are going to understand all of the different elements and the way in which the drug possessions are prosecuted. Also, there is a lot of case law on these matters both on the drug possession and on the constitutional issues that can be present in every drug case.
Lastly, you might want an attorney who knows how to maneuver in and around the City of Fairfax, is familiar with the CAs, judges, and prosecutors. Fairfax, while is it a small city as far as land, is a very large city as far as people. There are five circuit court judges and six general district court judges. Which is why having a lawyer who knows the law, both the code and the case law, knows the area, and how to maneuver is imperative when dealing with drug possession in Fairfax.
Northern Virginia Criminal Defense Group
