Alexandria Drug Crime Lawyer

Experienced Defense Against Drug Charges in Virginia

Silis & Associates represent clients charged with possession, distribution, and manufacturing of controlled substances. Our legal team understands the challenges criminal defendants face in drug time cases and what can be done to slow the process down and ensure that they deserve every consideration under the law.

Are you facing drug charges in Virginia? Call Silis & Associates today at (703) 721-4773 or contact us online to schedule a meeting with our drug crime attorney in Alexandria!

What are the Drug Schedules in Virginia?

Drug crimes in Virginia include possession, manufacturing, and distribution of controlled substances. Any drug conviction can have serious consequences and requires an experienced drug lawyer in Alexandria, VA. Drugs are classified in six different categories or "schedules."

In Virginia, the schedules for controlled substances include:

• Schedule I Drugs – This is the most serious category and includes drugs that have no recognized medical use, as well as a high potential for abuse. Schedule I drugs include heroin, ecstasy, and LSD.
• Schedule II Drugs – Drugs in this category do have medical use but have a high potential for abuse. These substances include methadone, cocaine, PCP, and methamphetamines.
• Schedule III Drugs – What sets substances in this category apart from Schedule II substances is a lower potential for drug abuse. Drugs on this schedule include Vicodin, anabolic steroids, and codeine.
• Schedule IV Drugs – This category is intended for substances that have a low incidence of dependency, such as tranquilizers and sedatives.
• Schedule V Drugs – Drugs on this schedule have even less potential for abuse, such as prescription cough syrups containing codeine.
• Schedule VI Drugs – These substances are not listed on other schedules, but require a prescription from the doctor, such as antibiotics and nitrous oxide.

Types of Drug Crimes in Virginia

In Virginia, drug crimes refer to the illegal possession, distribution, and sale of controlled substances. The following are the types of drug crimes in Virginia:

1. Possession of controlled substances: Possession of illegal drugs, such as marijuana, cocaine, heroin, or methamphetamine, is a crime in Virginia.
2. Possession with intent to distribute: If the accused is found to have illegal drugs in their possession and there is evidence to suggest that they intended to distribute the drugs, they could be charged with possession with intent to distribute.
3. Drug trafficking: The transportation, importation, and exportation of illegal drugs is considered drug trafficking in Virginia.
4. Manufacturing or cultivating illegal drugs: The manufacturing or cultivation of illegal drugs, such as methamphetamine, marijuana, or cocaine, is illegal in Virginia.
5. Prescription drug fraud: Prescription drug fraud involves illegally acquiring prescription drugs, such as opioids or benzodiazepines, through fraudulent means. This includes forging prescriptions, doctor shopping, or stealing prescription pads.
6. Driving under the influence of drugs
7. Possession of drug paraphernalia: Possession of drug paraphernalia, such as pipes, bongs, or syringes, is illegal in Virginia.

If you are facing drug charges in Virginia, it's essential to consult an experienced criminal defense lawyer to help you navigate the legal system and protect your rights.

What are the Penalties for Drug Crimes in Virginia?

The penalties for drug crimes in Virginia vary depending on the severity of the offense, the type and quantity of the drug involved, and the defendant's criminal history. The following are the penalties for drug crimes in Virginia:

1. Possession of controlled substances: Possession of a controlled substance is a Class 5 felony in Virginia, punishable by up to 10 years in prison and a fine of up to $2,500. Possession of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500 for a first offense.
2. Possession with intent to distribute: Possession with intent to distribute is a more serious offense than simple possession, and the penalties are more severe. The punishment depends on the type and quantity of the drug involved, but it is generally a felony offense punishable by up to 40 years in prison and a fine of up to $500,000.
3. Drug trafficking: Drug trafficking is a severe offense in Virginia and is punishable by up to life imprisonment and a fine of up to $1,000,000. The severity of the punishment depends on the type and quantity of the drug involved.
4. Manufacturing or cultivating illegal drugs: Manufacturing or cultivating illegal drugs is a felony in Virginia and is punishable by up to 40 years in prison and a fine of up to $500,000.
5. Prescription drug fraud: Prescription drug fraud is a felony in Virginia and is punishable by up to 10 years in prison and a fine of up to $2,500.
6. Driving under the influence of drugs: Driving under the influence of drugs is a serious offense in Virginia, and the penalties are similar to those for driving under the influence of alcohol. Penalties can include fines, license suspension, and imprisonment.
7. Possession of drug paraphernalia: Possession of drug paraphernalia is a Class 1 misdemeanor in Virginia and is punishable by up to 12 months in jail and a fine of up to $2,500.

These penalties are not set in stone, and judges have some discretion when sentencing defendants. Factors such as the defendant's criminal history, the circumstances of the offense, and the defendant's willingness to cooperate with authorities can all affect the severity of the penalty.

Defenses For Drug Crime Charges

Several defenses can be used in drug crime cases in Virginia. Here are some of the most common defenses:

1. Unlawful search and seizure: If the police conducted an illegal search or seizure, any evidence obtained during the search may be excluded from the trial. For example, if the police searched your vehicle or home without a warrant or probable cause, any drugs found during the search could be excluded as evidence.
2. Lack of possession: The prosecution must prove you had actual or constructive possession of the drugs. If they cannot prove this element, the charges may be dismissed. For example, if the drugs were found in a car you were a passenger in, you may be able to argue that you did not possess the drugs.
3. Lack of knowledge: If you did not know that you were in possession of illegal drugs, you might be able to use the defense of lack of knowledge. For example, if someone else placed drugs in your vehicle without your knowledge, you may be able to argue that you did not know the drugs were there.
4. Medical necessity: Sometimes, a person may use illegal drugs for medical reasons. If the defendant can show that they were using drugs for a medical purpose, such as to treat chronic pain, they may be able to use the defense of medical necessity.
5. Entrapment: If law enforcement officials induced you to commit a drug crime you would not have otherwise committed, you may be able to use the defense of entrapment.
6. Chain of custody issues: The prosecution must prove that the drugs in question are the same drugs that were seized from the defendant. The charges may be dismissed if there are chain of custody issues, such as evidence tampering or mishandling.

It's important to note that each case is unique, and the defenses that may be available to you will depend on the specific circumstances of your case. If you are facing drug charges in Virginia, it's essential to consult an experienced Alexandria drug crime lawyer to help you build a strong defense and protect your rights.

Contact Our Alexandria Drug Crime Attorney Today

At Silis & Associates, we will work with you to develop the most appropriate defense strategy to counter the state's allegations against you. It is important to contact us as soon as you are arrested to allow time to build a strong defense.

Contact Silis & Associates today to schedule a FREE consultation with our drug crime lawyer in Alexandria!