Drug laws and the constitutional elements that are present in every drug offense are very fluid. It is constantly changing, making it confusing to the average individual who does not know what is going on. If you are facing penalties regarding a drug offense, it is imperative that you consult with a qualified criminal lawyer as soon as you can. The lack of knowledge combined with the harsh penalties and the social stigma leads to a very intimidating process when charged with some form of a drug offense. If you do not contact a Fredericksburg drug attorney, you can hurt your case exponentially, and possibly decrease your chances to get the penalties mitigated or reduced.
If is important for individuals to know that possession charges alone can have serious penalties. The possession of an illegal substance is prohibited and can lead to some type of charge in Fredericksburg. A person cannot use illegal substances, and if a person uses drugs they can be ultimately charged with a criminal offense. A person cannot operate a motor vehicle, machinery, et cetera while under the influence of drugs, which can lead to charges such as DUI, or driving under the influence of a drug or an illegal or legal substance.
A person cannot distribute, manufacture, or sell any kind of drug. There is a distinction between distributing and sale because it is illegal to sell any kind of illegal substance. It will be illegal to manufacture an illegal substance or even a legal substance without the proper certifications, but it is also illegal to distribute and that does not necessarily mean sell. A person can be charged with distribution or a possession something with the intent to distribute if a person is giving it away or selling it, and facing multiple charges is not uncommon.
Many people do not know which drugs are illegal or not, or the penalties associated with the possession of different substances, and so a conviction of possession with intent to distribute or just a simple possession can lead to not only jail time, but also a suspension of driving privileges, constitutional rights, right to possess a firearm, and right to vote, as well as long prison sentences and extensive court fines.
Furthermore, a possession or possession with intent to distribute conviction can lead to a loss of security clearance or loss of employment and, once convicted, it can make it very difficult to gain employment in the future.
There is a stigma that is associated with being essentially a junkie, so someone who is addicted to drugs, or even worse, being a drug dealer in the community, someone trying to bring down that community by dealing drugs.
The two amendments that you are going to see the most are going to be your Fourth Amendment to be free from illegal searches and seizures and then your Fifth Amendment, your right to remain silent and not be questioned by police in certain situations.
There are a couple of amendments to the constitution that are in every drug case. The Fourth Amendment protects the individual and the citizens of the United States from illegal searches and illegal seizures without probable cause, meaning that there needs to be probable cause to search and seize an individual or their property and any search or seizure that is done without probable cause can lead to evidence that is obtained through illegal means being thrown out of court.
When dealing with drug law violations in Fredericksburg, that can be anything from paraphernalia, such as syringes or grinders to the actual drugs themselves, and it is going to be imperative that the Fourth Amendment is heeded. Without that probable cause, or without that reasonable suspicion to stop and search someone, any illegal search, no matter what it turns over, can be suppressed and that evidence thrown out.
A person’s Fifth Amendment right is the right for someone to remain silent. This is a constitutional issue that arises in all cases, but especially in drug cases because a lot of times once these arrests are made, individuals make statements that implicate themselves in either the use of drugs or the sale of drugs and a case can go from a simple possession to a more serious possession with intent to distribute by someone making statements to the officer, talking too much, or saying things they should not say.
Fredericksburg drug lawyers will want to know if their client’s rights were violated, and ask if the statements were made subsequent to arrest, were they Mirandized, were they custody, were they interrogated? All of that goes to suppressing somebody’s statements with that Fifth Amendment.
A person should contact a Fredericksburg drug attorney immediately when faces charges. A person needs to contact an attorney immediately as soon as a person is alerted to any police action involving themselves. The presence of an attorney will protect the person during investigation, discovery, and any other motions that need to be filed and argued on their behalf. You need the help of a skilled drug lawyer in Fredericksburg who is going to represent you during your trial and, if necessary, argue sentencing to ultimately protect you from jail, protect you from loss of rights, and help you if necessary to get any substance abuse treatment that you may need.
Northern Virginia Criminal Defense Group
