Fredericksburg drug offenses can range all the way from a class four misdemeanor carrying no jail time and a fine all the way to class U felonies, which carry mandatory minimums in the penitentiary. It all depends on the nature of the crime, the type of drug, and what the allegation is. They can range from anywhere from no jail time at all way up to years and years in jail. Fredericksburg drug charges are taken very seriously by law enforcement. If you are facing such accusations, contact a Fredericksburg drug lawyer today to know your rights and begin building a defense as soon as possible.
There are multiple people who can administer charges. For the most part, police officers, investigators, and detectives in the police force, depending on the charge, are going to be the ones who investigate the case, learn about the charge, and then swear out the warrant or take out the summons against the person.
Ultimately, it is the responsibility and the job of the law enforcement agency and the Fredericksburg police department to initiate and administer the charges against an individual believed to have committed a drug crime.
After a person has been initially charged, the offense will appear as part of their criminal history and labeled as a pending criminal matter.When a person is officially facing Fredericksburg drug charges, when their record is run, depending on the style in which it is run, it will be transcribed on the criminal record in question as the offense, the code section, and then the status of pending.
Depending on the offense, the first thing a person can expect to do is either to be arrested or given a summon. If they are given a summon, in essence they are being given a ticket that tells them to report to court at a certain date and time in order to have the judge formally tell the person what they are charged with, give them information on their charge, give the person an opportunity to hire an attorney, and then set their case for trial.
With respect to Fredericksburg drug charges, if a person is given a summons, it is normally because they are being charged with some form of misdemeanor. It will be handled in the general district court and a judge will oversee the case. On the other hand, if a person is charged with a felony, they can expect to be directly arrested and taken to the jail. Once taken to the jail, they will appear before a magistrate. The magistrate will decide if the person is going to be given a bond or not.
If a person is given a bond, and the person does make their bond, then the person will be required to report back to the court in order to be arraigned just like if it was a misdemeanor. The court will ask the person if they want to hire a lawyer, discuss with a lawyer the charge, and give the person a date to come back for their preliminary hearing in the lower court or, if the person is in the circuit court, a trial.
If the person is not given a bond, then the person will have to sit in jail. They will be arraigned via video and then they will be given an opportunity to hire a lawyer or the court will appoint a lawyer for the person. If they are held in jail, it will become the person’s and their lawyer’s responsibility to work on getting that person out of jail through the filing of bond motions in the circuit and general district court to secure the person’s release and furthermore prepare for the ultimate preliminary hearing and trial that will come down the line.
Fredericksburg drug charges are just the beginning of the process when it comes to dealing with the legal system. The earlier you contact an attorney, the earlier you can begin working toward building an effective defense. An experienced lawyer will prove an invaluable asset as you gather the necessary evidence, witnesses, and materials to make your case before the judge.
Patrick Woolley Attorney At Law