Possession is something that the law takes seriously in Stafford County and everywhere in Virginia. Illegal drugs are a problem in most communities and can have a significantly negative impact on the communities themselves, families, and children in many cases. There are a variety of drugs that are illegal to possess in Stafford County, anything that is on the drug schedule that is been adopted by the Commonwealth of Virginia and that is going to include everything from marijuana to prescription drugs, to drugs that are illegal in almost every setting such as cocaine or crack. The consequences for a drug possession conviction can be quite serious which is why those who have been charged should contact a Stafford County drug possession lawyer. A qualified drug attorney could devote the time and resources necessary to build a solid case for you.
People are usually found to possess illegal drugs following a traffic stop. The person is pulled over either because they ran a stop sign or they are speeding and an officer then sees something, or in many cases smells something, that leads them to search the vehicle during that search illegal drugs are discovered.
There are two kinds of possession in Stafford County, one of them involves an individual having a drug on their person and another one, which is called constructive possession, that involves having drugs nearby. There are different elements that the government must prove depending on which it is.
In the case of an actual possession, the government simply has to prove that it was knowingly and voluntarily possessed. In the case of the drug simply being nearby or what we call constructive possession, the government essentially has to prove that a person knows that it is there, that they know what it is, and that they are treating it as though it is theirs or it is subject to their dominion and control.
There are a number of factors that can make a drug possession charge more serious. The first factor is the seriousness of the drug and its classification. For example, possessing cocaine or opiates is worst than possessing marijuana. Also if a person has a prior record, that can make a significant difference. A person with no record may anticipate more leniency than someone who has prior drug possession charges. The drugs with the most significant penalties are Schedule 1 or 2 drugs which are drugs like heroin, other opiates, cocaine, PCP, or meth. It is a felony to possess Schedule 1 or Schedule 2 drugs even if it is a person’s first offense. That is why it is vital to work with a Stafford drug possession lawyer that can attempt to mitigate the charges that a person may face.
There are a number of things that an experienced Stafford County drug possession lawyer can help a person with, early in the case. An attorney can help you avoid common mistakes.There are many cases which are damaged by an individual who simply because of ignorance or inexperience, says or does things that make it harder for their case to be defended successfully. In addition to that, there is often mitigation or other proactive steps that an attorney can help you take, with the goal of helping you achieve the best possible outcome.
Patrick Woolley Attorney At Law