Misdemeanor Charges?
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In Virginia, simple possession applies when a person possesses a controlled substance for personal use without a valid prescription. Depending on the type of controlled substance allegedly possessed, the charge can be a misdemeanor or a felony. Possession with intent to distribute applies when a person possesses a controlled substance with the intent to sell, manufacture, or distribute that substance. This is a more serious offense than simple possession and often carries a harsher punishment.

Whether a drug charge is a misdemeanor or a felony depends on the type of drug allegedly possessed. If someone possessed a Schedule 3 or 4 substance or drug paraphernalia, they will be charged with a misdemeanor. If an individual is alleged to have possessed a Schedule 1 or 2 substance or possessed a substance with the intent to distribute it, they will be charged with a felony.

Generally, the police need a warrant to search you or your property. There are several exceptions under the law to this rule, including law enforcement’s ability to search your person following a lawful arrest, or if an officer has probable cause that there is evidence contained within your property. The police can also search you or your property with your consent. If the police search you or your property without a warrant, it is crucial to remember to remain calm. If you believe that the police violated your rights, tell your attorney.

If you are convicted of a misdemeanor drug offense in Virginia, the maximum punishment is twelve months in the local jail and/or a monetary fine. If you are convicted of a felony drug offense in Virginia, the maximum penalty is a period of years in state prison and/or a monetary fine. Once released from prison, an individual would likely be placed on a period of supervised probation.

If you have never been convicted of a drug offense before and are charged with simple possession, you are eligible for the first offender program. This includes a period of supervised probation with drug testing, securing and maintaining employment, completing a fixed amount of community service, and undergoing drug treatment. If these conditions are completed to the satisfaction of the Assistant Commonwealth’s Attorney and the judge, the charge will be dismissed. It is important to note that the charge will remain on your record, though your record will reflect that the charge was dismissed.

Though someone charged with a crime has the right to represent themselves in court, it is never advisable to enter a guilty plea without having a lawyer. A lawyer can advise about the potential consequences of pleading guilty to a criminal charge and ensure that your rights are upheld.

There are several potential defenses to a drug charge. One that often comes into play is arguing a violation of an individual’s Constitutional Fourth Amendment rights, which protect against unreasonable searches and seizures, by the police. A defense specific to a charge of possession with intent to manufacture or distribute is claiming that the individual possessed the controlled substance for personal use. There can also be issues with how the police handled the evidence following the arrest and whether the controlled substance is, in fact, an illegal substance. During trial preparation, you and your attorney will decide together the best defense for your case.