Northern Virginia Drug Charge Defense

DRUG CHARGES IN VIRGINIA

In Virginia, any drug possession charge is serious and must be defended aggressively to avoid severe penalties. When you are charged with a drug offense, you could be facing a felony or misdemeanor charge. The prosecutor has the burden of establishing specific elements of the crime charged, including what type of substance was allegedly in your possession.

This Firm defends all types of felony and misdemeanor drug charges, including:

Drug possession (marijuana)

Possession of Cocaine

Possession of Heroin

Possession of Methamphetamines

Drug possession with intent to distribute, sell or manufacture

School zone violations

DRUG CLASSIFICATIONS IN VIRGINIA 

The type of drug charge lodged against you depends on the classification of the substance at issue. Virginia follows the Federal Government’s classification schedule pursuant to the Federal Controlled Substances Act.

 The drug classification schedules are as follows:

Class	Description	Common Examples
Schedule I	High potential for abuse. No currently accepted legitimate medical use for treatment.	Heroin, Ecstasy (MDMA), LSD, GHB. Marijuana is a also considered a schedule 1, but it’s penalties are separate and not at severe.
Schedule II	High potential for abuse. Some highly restricted medical uses.	Methamphetamine (crystal meth) and other stimulants. Morphine, PCP, Cocaine, methadone, Ritalin
Schedule III	Potential for abuse less than Schedule I or II. Does have legitimate medical uses.	Anabolic steroids, codeine and hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants
Schedule IV	Low potential for abuse compared to Schedules I-III. Does have legitimate medical uses.	Many prescription drugs such as Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers.
Schedule V	Low potential for abuse compared to other drug schedules.	Codeine based cough medicines.

 

DEFENDING DRUG CHARGES

There are various defenses that can be used in drug cases. Often times, if drugs are found after a vehicle stop, the prosecutor will have to show that the officer had a “reasonable suspicion” to stop your vehicle. If not, the stop could be illegal and any evidence found as a result of the stop is subject to being suppressed. If drugs are found in your home, the officer must have a warrant supported by probable cause or have a qualifying warrant exception. If not, then any evidence found as a result of the illegal search is subject to suppression. In short, there are a variety of methods that will be employed to ensure your rights have not been violated.