Occoquan Drug Crime Defense Attorney
Drug crimes are quite common everywhere in the United States, and these cases often involve drugs amounting to millions of dollars or physical harm and death. If you find yourself accused of committing any drug crime, there’s a possibility that you will face harsh penalties if found guilty. Fortunately, you can seek the help of professional and experienced Occoquan drug crime defense attorney The Law Office of Kimberly Stover, PLLC to help you understand the charges and fight for your rights.
Drug crimes, from possessing certain types of substances to manufacturing them, have different levels of severity, which influence the penalty that a person may face if found guilty. Whether it is your first offense or it is a repeat offense, you will need a legal team who can help you understand the charges and the corresponding penalties. You will also need a legal team who can defend and represent you in court.
The Law Office of Kimberly Stover, PLLC is a trusted Occoquan, VA criminal law firm with an experienced and aggressive drug crime defense attorney, ready to take on any type of drug charges. We will look into the evidence presented, as well as the laws involved in your case, to determine the best strategies available to protect your rights and freedom, as well as reduce any sentence you may receive if you are found guilty.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Consultation with an Occoquan Drug Crime Defense Attorney!
Classification of Controlled Dangerous Substances in Virginia and Penalties
Virginia defines a controlled substance as a drug that is listed in the Schedules classification under the Drug Control Act. Alcohol and tobacco are not mentioned in this definition, but they are defined in a separate law.
Controlled substances are divided into six classifications, and they are:
- Schedule I – Drugs that have a high potential to be abused and do not have any accepted medical benefit or use. Examples are LSD and heroin.
- Schedule II – Drugs that have a high potential to be abused and cause people to become severely dependent on them. However, these have accepted medical use. Examples are methamphetamine, fentanyl, cocaine, and PCP.
- Schedule III– drugs that have less potential for abuse but can still cause moderate dependency. It also has a medical use. Examples are anabolic steroids and buprenorphine.
- Schedule IV – Drugs that have less potential to be abused but still have a slight potential to cause dependency. They also have accepted medical use. Examples are Xanax and Valium
- Schedule V – Drugs that have a low potential for abuse and dependency. It also has medical uses. Cough medicines are an example of these types of drugs.
- Schedule VI – Substances that cannot be classified as “Drugs” but are still used, abused, and cause dependency with constant use. Some examples are amyl nitrite, toluene, and nitrous oxide.
Penalties for controlled substances vary depending on the type of crime and controlled substance involved. The highest penalty for possession is a Class 5 felony conviction if found guilty of possessing a Schedule I or II substance, which comes with a jail time from 12 months to 10 years and a fine of up to $2,500. For distribution of Schedule I or II controlled substances, a first felony conviction has a 5 to a 40-year prison sentence and fines up to $500,000.
Other Drug Crimes in Virginia
The Virginia Code also lists down specific drug crimes in separate sections, and they are as follows:
- Possessing drug paraphernalia – The sale of drug paraphernalia such as roach clips, grinders, and bongs is illegal, as well as possessing these paraphernalia with the intent to sell them. Certain paraphernalia used in the consumption of controlled substances are also prohibited, and its penalties vary depending on the controlled substance involved in the case.
- Possessing marijuana – Virginia has very strict laws on marijuana possession, with strict guidelines allowing the use of medical marijuana. However, it is important to note that possessing, distributing, selling, or giving out marijuana in other channels outside medical use is illegal. The severity of the crime varies depending on the amount of marijuana possessed and the history of the defendant.
- Drug manufacturing – Anyone who manufactures drugs or controlled substances with the intent to give, sell, possess, and distribute is illegal in Virginia. However, the sentence will vary depending on the substance in question and how much was manufactured.
Drug Trafficking and Its Penalties
Under the Virginia Code, drug trafficking is considered a felony crime. A person doesn’t have to transport or sell a large quantity of drugs to a person when they are caught with this crime. Drugs like cocaine, marijuana, and any drugs included in Schedule I and II classification are covered under the state’s drug trafficking law.
If caught and convicted, there is a mandatory minimum prison sentence and fines you will have to face. The exact length of the sentence will depend on your circumstances. If this is your first offense, you may be sentenced to jail time from 5 to 40 years and pay a fine of up to $1,000,000. For second or subsequent offenses, the minimum prison sentence is ten years, and if you have other charges, like drug distribution or manufacturing, you will need to serve the sentence consecutively.
To understand the entire drug law in Virginia and build the strategy for your case, you can speak to our Occoquan drug crime defense attorney immediately. We will check your case and the evidence against you before working on the defense.
What to Do If You are Arrested
If you are arrested for a drug charge or any other crime, the first reaction that may come into your mind can either be anger or panic. However, with how volatile the environment is now, acting aggressively or panicking before the police can lead to a serious confrontation that may lead to injury or death. Your reaction can even be used against you in court, especially if you speak to the police before getting legal advice from a trusted lawyer.
It is important to remember that you are not legally considered guilty when you are arrested. You are still innocent until you are proven guilty in court. You are also not obligated to give information to the police until you can speak to a lawyer to discuss your legal options and what can be shared with the police that can’t be used against you in court.
Here are some basic tips you should remember when you are arrested:
- Stay calm and polite – When you are arrested, stay calm and don’t let your emotions influence your actions. Remember, your actions can be used against you and may escalate into a hostile situation that can lead to injury or death. Go with the police quietly and if they ask you questions, be polite and tell them that you will not speak to them until you are able to speak to your lawyer.
- Invoke your right to be silent -You have the right to stay silent when you are brought into custody, and you must be allowed to speak to your lawyer. When they insist on asking you questions, let them know your rights and wait until your lawyer is with you.
- Meet with your attorney – Once in custody, it is important you call a lawyer first before you reach out to your loved ones. A lawyer can provide you with the legal advice you need to deal with the case. They can also be your representative, reaching out to your family on your behalf.
Practicing these tips can make a huge difference in how you can handle the case before you. The Law Office of Kimberly Stover, PLLC can support you during this time and give you the legal support you need as the case progresses. Your Occoquan drug crime defense attorney will handle your case exclusively and be your legal support from start to finish.
Let’s Talk Now – Free Case Consultation
When someone accuses you of committing drug-related crimes, it is important that you immediately reach out to a legal team who can help you counter these accusations in court and fight for the best outcome possible. Without a legal team, you may end up facing more severe penalties than your representative may have been able to negotiate. It would also be difficult to reduce its impact on your life when the case is decided.
With our Occoquan, VA criminal law firm, you can get a drug crime defense attorney who will not only help you build the right defense for the drug charges you are facing, but also make sure you are ready to face the court trial and the outcome of the trial. We are available to provide you with all the legal support you would need at any time. Simply reach out to The Law Office of Kimberly Stover, PLLC through our hotline, and we will be ready to answer your call for a legal defense and support.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Consultation with an Occoquan Drug Crime Defense Attorney!