Ashwell & Ashwell, PLLC: Your Trusted Drug Lawyer - Warrenton VA

Drug Attorney in Warrenton, VA

Being convicted of a criminal offense can be traumatizing to you and your loved ones. Besides fines and prison time, a person could face long-term consequences that come with a criminal conviction, especially for a drug offense.

For example, if convicted of a drug crime, you might find it extra challenging to find a job or get a loan. You may not be allowed to rent a property or apply for a mortgage. You might even lose the custody of your child. Your professional, social, and personal life would suffer. These and more are why you shouldn’t leave your drug charges to just any attorney. An experienced criminal defense lawyer is best suited to defend you against these serious charges.

Are you facing criminal charges in Warrenton? Our skilled VA drug crime lawyers at Ashwell & Ashwell, PLLC, can help you. We are a team of a former judge, a former prosecutor, and two skilled and dedicated criminal defense and civil attorneys. You can rely on us to guide you through this challenging time and get you the best possible results.

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What Are the Drug Crimes in Virginia?

Drug crimes involve the possession, distribution, or production of a controlled substance. The Code of Virginia § 54.1-3401 lists the controlled substances subject to regulation, which are classified in Schedules from I through VI per the Virginia Drug Control Act.

Schedule I: These drugs have the highest potential for abuse and no accepted or known medical use. Examples include heroin, LSD, and opiates.
Schedule II: These are drugs with a high potential for abuse. However, they are also accepted for some medical use with severe restrictions. Abuse may lead to physical or psychic dependence. Cocaine, fentanyl, methamphetamine, and phencyclidine (PCP) are included in this schedule.
Schedule III: These drugs have moderate potential for abuse and dependence. They are accepted for medical use. Abuse may lead to low to moderate physical dependence but high psychological dependence. Steroids, Vicodin, and Hydrocodone are under this schedule.
Schedule IV: These drugs have low or limited potential for abuse and dependency. Tranquilizers and sedatives, like Valium and Xanax, are under this schedule.
Schedule V: These have lower abuse and dependency potential than Schedule IV drugs. Included here are cough medicines.
Schedule VI: Other drugs not included in Schedules I to V that are recreationally used or abused. Included here are types of aerosols and inhalants. Marijuana is also in Schedule VI.

The following are some drug crimes:

Drug distribution: Selling, giving, possessing with intent to distribute, or delivering controlled substances
Drug trafficking: The sale or distribution of one ounce or more of any drug in Schedule I and II. It is also committed by selling five or more pounds of marijuana
Drug manufacturing: The production of controlled substances without a permit or authorization
Possession of controlled substances: Possessing, actually or constructively, controlled substances without a valid prescription
Possession of marijuana with intent to distribute: Possessing more than one ounce of marijuana
Prescription fraud: Using forgery, fraud, or deceit to obtain a controlled substance
Sale or possession with intent to sell of paraphernalia: Knowingly possessing equipment or material used in propagating, processing, or ingesting controlled substances

Drug Crime Penalties in Virginia

The penalties for drug crimes vary based on the schedule of the drug and its amount or volume. For example, some notable penalties for drug possession (§ 18.2-250) include the following:

Possession of a Schedule I or II substance: Up to 10 years in prison, or, in the case of cannabimimetic agents, $2,500 in fines and up to 12 months in jail
Possession of a Schedule III substance: Up to $2,500 in fines and up to 12 months in jail
Possession of a Schedule IV substance: Up to $1,000 in fines and up to six months in jail
Possession of a Schedule V substance: Up to $500 in fines
Possession of a Schedule VI substance: Up to $250 in fines

Some penalties for drug distribution (§ 18.2-248) are the following:

Distribution of a Schedule I or II substance: Potential penalties of up to $500,000 in fines and up to 40 years in prison.
Distribution of a Schedule III substance: Up to 10 years in prison, or $2,500 in fines and up to 12 months in jail.
Distribution of a Schedule IV substance: Up to $2,500 in fines and up to 5 years in jail
Distribution of a Schedule V or VI substance: Up to $2,500 in fines and up to 12 months in jail

Besides fines and jail time, you may also be held civilly and administratively liable. Because of these consequences, you shouldn’t let just anybody handle your case. Be sure to hire drug crime lawyers with vast knowledge of criminal defense law and procedure.

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How Can a Criminal Defense Lawyer Help With Your Drug-Related Charges

Are you the subject of an ongoing drug investigation? Have you been charged with a drug crime in Virginia? Drug offenses are some of the most difficult to defend. You’ll need to have experienced criminal defense and trial attorneys guiding you. Getting the legal services of a good criminal defense attorney cannot be emphasized enough.

Criminal defense lawyers can help you with the following:

Investigate the facts and evidence of the case
Collect evidence that could support your defense
Strategize a strong defense to dismiss the criminal charge
Present evidence and witnesses against the prosecution
Negotiate with the prosecutors a favorable plea deal on your behalf
Explain your rights, options, and complex procedures

Possible Defenses to Drug Crimes

Your attorney will explore possible defenses that may apply to your case. Here are some common ones:

Violation of your constitutional right to due process
Inadmissible evidence
Illegal search and seizure
Insufficient evidence
Possession without knowledge or by mistake
Planted evidence

Skilled drug crime lawyers can build a strong defense strategy to get your charges dropped or reduced. They know that time is of the essence and evidence is crucial to your case. A skilled Virginia attorney would waste no time and get to investigating your case as soon as possible.

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Choose Experienced Drug Crime Lawyers. Choose Ashwell & Ashwell, PLLC

For optimal results, hire VA lawyers with actual experience in criminal law and procedure. Seasoned Virginia defense lawyers at Ashwell & Ashwell, PLLC, can help protect your rights. Over the years, we’ve represented clients charged with serious drug crimes and obtained favorable results. We can help you, too.

Contact our law firm today for a free initial consultation. Whether you’re under investigation or already charged, we can provide the assistance you need. We are based in Warrenton, VA, and are just a call away.