DRUG CRIMES

Drug charges, of any kind, should be taken very seriously. Crimes of this nature, whether a felony or misdemeanor, can land you in jail and cost you large sums of money in fines and court costs, could prevent you from getting or keeping your employment, not to mention the negative social stigma that exists when one is convicted of  a drug charge.

The pursuit of persons in possession of controlled substances by law enforcement has resulted in efforts that are sometimes at odds with individuals basic constitutional rights. Not all law enforcement search and seizures are in conformity with the Fourth Amendment.   You should hire an experienced drug trial attorney who can suppress evidence that was illegally obtained by law enforcement.

At Johnson Flores we have made defending the rights of those charged with drug crimes one of the pillars of our criminal defense practice. In addition to our extensive experience, our attorneys know Virginia drug law inside and out.  Attorney James M. Johnson has written a book outlining typical Virginia drug laws and explains motions and objections raised during a trial by an experienced drug defense attorney. 

POSSESSION

Possession of a (an illegal substance) is a serious charge.  The punishment you face will vary greatly depending on the particular substance in your possession, and amount you have been accused of, or caught, possessing.  Possession of a controlled substance is a felony, while possession of marijuana is a misdemeanor.

 Just because you have been charged with possessing an illegal substance does not mean that you have no legal recourse available.

Possession of Marijuana

§18.2-250.1

If you have been charged with the Class 1 Misdemeanor offense of possession of marijuana, you should speak with an attorney immediately.  In order to secure a conviction, the Commonwealth must prove that the defendant knowingly and intentionally possessed the marijuana. This crime is not a strict liability crime. This standard can meet through a number of trial techniques.

A seasoned trial attorney will know how to attack the Commonwealth's case against you. To prove knowledge, the state must prove that you knew what the substance was and where it was located. Intentional possession means that you have exerted control over the marijuana. The most common example of a marijuana case that our clients have faced is when the marijuana was found in our client's car. Our firm has had extensive success in beating possession charges by arguing that mere proximity is not sufficient to establish possession.

Possession of Schedule I/II

§18.2-250

Possession of a Schedule I/II substance requires the same knowing and intentional standard of proof as Possession of Marijuana. The key difference between these two drug charges is that Possession of Schedule I/II substance is a Class 5 Felony. A conviction of this charge would lead to a jail sentence of 1 to 10 years.

Drugs classified as Schedule I/II include:

Cocaine Oxycodone Crack Cocaine Oxycotton Heroin MDMA "Ecstasy" Methamphetamines PCP Steroids LSD

 

 

 

 

SALES/DISTRIBUTION

Possession with Intent to Distribute

§18.2-248 (Schedule I/II drugs)
§18.2-248.1 (Marijuana)

In order for the Commonwealth to prove Possession with Intent to Distribute ("PWID"), they must meet the requirements of possession noted above, but they must also prove a specific intent to distribute or sell the drugs in their possession. Prior offenses alone is not enough to prove PWID. The quantity of drugs in one's possession is also not enough to prove PWID.

The most common evidence to prove PWID is the combination of quantity and packaging. When someone possesses more drugs than they can normally consume by themselves, it suggests possible distribution. But as we mentioned above, quantity by itself is not enough to prove PWID. When the drugs are packaged into saleable units, this can lead to a conviction of PWID.

Where these cases get "muddy" is when there are a few saleable units that could be either personal use or PWID. In such a case, there must be additional evidence to support a PWID conviction. This would include the amount of money and/or types of bills found in our client's possession, possession of a firearm, scales for weighing drugs, and other forms of drug paraphernalia.

The only time the quantity of drugs would lead to a PWID conviction is when there are wholesale amounts of drugs. Such large quantities would suggest that the defendant intended to sell the wholesale units to "retailers" or that the defendant was himself a "retailer" who intended to break the large amount of drugs into saleable units for the purposes of distribution.

§251 Disposition

§18.2-251

If you have you are facing your first criminal drug charge for possession of marijuana or schedule I/II substance, you have a unique option available to you. The Virginia Code permits a First Offenders Disposition under §18.2-251. This code section provides you with the opportunity to have the possession charge dismissed at the end of 1 year.

In order to have your charges dismissed, you must first plead guilty to the charged offense. The court will not find you guilty on that date. Instead, the court will continue the case for 1 year and enroll you in the program. The program consists of a substance abuse assessment. Based upon the assessment, you will be enrolled in the appropriate drug treatment, education and  services program. The defendant is required to pay for these services.

You must remain drug and alcohol free during the probation year. Community Service in the amount of 24 hours for Misdemeanors, or 100 hours for Felonies must be completed. You must be fingerprinted as well.

If you successfully complete the requirements listed above, the court will dismiss the possession charge against you at the end of the probation year. This First Offenders Disposition is a one-time only get out of jail free card. If you do not believe that you will be able to successfully complete it, save your time and money and don't enroll in this program. Our firm can work out a deal with the Commonwealth to keep you out of jail and save you the inconvenience of the statute's requirements.

 

DUI/DWI/Drunk Driving	Drug Charges
Reckless Driving	Theft/Extortion/Burglary/Robbery
Assault/Battery	Resisting Arrest
Sex Crimes	Parole Violations
Larceny/Theft	other Felonies
Money Laundering/Fraud	other Misdemeanors