Loudoun County Drug Lawyer
If you have been accused of having drugs in your possession, you could face serious criminal charges. Furthermore by simply having a large amount of drugs allegedly under your control you could be accused of dealing drugs, even if a transaction involving drugs never actually took place. These types of drug crimes often involve harsh penalties which means you need to make sure you protect your legal interests to the best of your ability. A Loudoun County drug lawyer can help by looking at the specific charges you face and developing the strongest possible defense.
- Different Types of Drug Charges in Loudoun County
- What Determines the Severity of Drug Charges in Loudoun County
- What Happens After a Drug Arrest in Loudoun County
- What Prosecution Needs To Prove in a Loudoun Drug Case
- Loudoun County’s War on Drugs
- Penalties For Drug Charges in Loudoun County
- Trends in Loudoun County Drug Cases
- How Are Out of State Residents Prosecuted in Loudoun County?
- Evidence Used in Loudoun County Drug Cases
Illegal Drug Charges in Loudoun County
The Virginia Code separates drugs into different categories, called schedules, depending upon whether the drug has a medicinal use and is perceived to be dangerous. The classification is very important as penalties are much harsher for Schedule I drugs versus Schedule VI drugs. The categories for controlled substances include:
- Schedule I Drugs: Heroin and other substances that are very addictive, likely to be dangerous, and not useful for any accepted medial purpose are Schedule I drugs under Virginia Code Sections 3445 and 54.1-3446.
- Schedule II Drugs: Morphine and other substances with a high potential for abuse, a high risk of psychological addiction, a moderate risk of physical addiction, and limited medicinal use are Schedule II drugs under Virginia Code Sections 1-3447 and 54.1-3448.
- Schedule III Drugs: Methyprylon and other substances with an accepted medical purpose and limited potential for abuse and addiction are Schedule III drugs under Virginia Code Sections 1-3449 and 54.1-3450.
- Schedule IV Drugs: Clobazam and other substances with an accepted medicinal use and a lower potential for abuse and addiction than Schedule III drugs are Scheduled IV drugs under Virginia Code sections 1-3451 and 54.1-3452.
- Schedule V drugs: 200 Milligram Codeine and other substances with an accepted medical use and an even lower risk of addiction and abuse are Schedule V drugs under Virginia Code Sections 1-3453 and 54.1-3454.
- Schedule VI drugs: Prescription and other drugs not otherwise listed with medicinal uses but potential harmful side effects are Schedule VI drugs under Virginia Code section 1-3455.
A Loudoun County drug lawyer can review the evidence about the type of drugs found in your possession to help determine if the drug was correctly categorized by police and prosecutors.
Penalties for Illegal Drug Charges in Loudoun County
Different drug charges carry different potential penalties. Possible charges according to Virginia Code Sections 18.2-250 and 18.2-248 include:
- Possession: Simple possession can range from a Class 4 misdemeanor for Schedule VI drug to a Class 5 felony for a Schedule I or II drug. A class 4 misdemeanor could result in a fine up to $250. A Class 5 felony could result in between one and 10 years imprisonment, or in the discretion of the judge or jury, up to a twelve months in jail and/or a fine.
- Possession with intent to sell or distribute. Possession with intent to sell a Schedule I or Schedule II substance could result in five to 40 years in prison and a fine of as much as $500,000. Possession with intent to sell a schedule IV drug, on the other hand, is a misdemeanor with a maximum penalty of twelve months in jail.
The amount of drug you are alleged to have under your control is going to be the determining factor in whether you are charged with simple possession or accused of having the intention of distributing narcotics. A Loudoun County drug lawyer can help explain more about the specific charges you are facing and help formulate the strongest possible defense against those charges.
How a Loudoun County Drug Lawyer Can Help
There are legal arguments a Loudoun County drug lawyer can make that may allow you to get drug charges dropped or dismissed, or that may make it possible to secure a not guilty verdict. You could argue:
- An illegal search occurred so any evidence of drugs found cannot be used against you.
- No proof beyond a reasonable doubt. You can’t be convicted if the prosecutor didn’t prove your guilt to the appropriate burden of proof.
- Chain of custody issues with the investigation and testing of the alleged drug material.
A Loudoun County drug lawyer will help you to either negotiate a plea bargain, make pre-trial motions to try to make the charges go away, or to present a case at trial. The pre-trial or trial strategy depends on the unique facts and circumstances of your case. An experienced Loudoun County criminal lawyer can analyze your case, including potential witnesses, evidence, and legal defenses and advise you about your options. Call today to schedule a complimentary consultation and learn more about Virginia’s strict drug laws and how they are enforced in Loudoun County.
We are ready for your call. The most common questions we receive from those charged with a drug offense in Loudoun County are:
- What are the potential penalties for various drug offenses in Virginia?
- What are some of the collateral consequences?
- When will I have to return to court?
- How many times will I have to return to court?
- What are the potential court costs or other punishments that I may face?
- How will this be reported in my home state or jurisdiction?
- How will this appear on my record?
Below, Thomas Soldan speaks about why clients choose him as a Loudoun County drug lawyer:
Clients choose to work with me because I am extremely well informed on drug cases in Loudoun County. I have handled cases here for several years. I am very active in educating myself on the changing case law, the changing police investigative techniques, the changing statutes and the prosecutorial techniques and the strategies that they use in drug cases.
Clients also choose to work with me because of my high level of transparency throughout their process, my ability to communicate facts and content to them in a timely fashion, and my accessibility. My clients have unique access to me through phone, fax, and email. You have to have that ability to ask questions to your counsel and put your trust in them to give you legal advice. This is really the core of any representation and I strive to provide that in every Loudoun County drug case.