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 drug crime charges in Warrenton? Our skilled 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.

What Are the Drug Crimes in Warrenton?

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

drug crime penatlies in va | Ashwell & AshwellThe 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.

Possible Defenses to Drug Crimes

possible defenses to drug crimes | Ashwell & AshwellYour 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.

Choose Experienced Drug Crime Lawyers in Warrenton

For optimal results, hire lawyers with actual experience in criminal law and procedure. Seasoned Warrenton drug 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.

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FAQs

A criminal defense attorney serves as your advocate and guide throughout every stage of your legal proceedings. From the moment of arrest or charge, your attorney will explain your rights, help you understand the charges against you, and develop a legal strategy tailored to your case. They will investigate the facts, review evidence, file pretrial motions, negotiate with prosecutors for reduced charges or plea agreements, and represent you vigorously at trial if necessary. Your attorney ensures that law enforcement and the prosecution respect your constitutional rights at every turn, working to achieve the best possible outcome on your behalf.

In general, the civil litigation process encompasses several crucial stages, beginning with the Pleadings phase, where parties formally outline their claims and defenses. Following that, the Discovery stage allows both sides to gather evidence through depositions and document requests to support their case. Pre-trial motions aim to resolve the case or limit issues before trial. If unresolved, the process moves to Trial, where the case is argued in court. Finally, the Appeal phase offers a chance to challenge the trial’s outcome. Each stage is pivotal, designed to ensure fairness and resolve disputes effectively.

A DUI conviction in Virginia carries serious consequences that can affect many areas of your life. For a first offense, you may face fines starting at $250, a 12-month license suspension, mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP), and possible jail time. Subsequent offenses result in significantly harsher penalties, including longer license suspensions, higher fines, mandatory minimum jail sentences, and the possibility of felony charges. A DUI conviction also creates a permanent criminal record, which can impact your employment, insurance rates, and professional licenses. Our attorneys work aggressively to protect your rights and pursue the best possible outcome for your case.

Our family law attorneys handle a wide range of matters affecting families and individuals. We represent clients in divorce and legal separation proceedings, including both contested and uncontested cases. We also handle child custody and visitation disputes, child support and spousal support (alimony) matters, equitable distribution of marital property, and the enforcement or modification of existing court orders. Additionally, our attorneys assist with adoption proceedings, paternity actions, domestic violence protective orders, and prenuptial or postnuptial agreements. Whatever your family law matter, our team is committed to protecting your rights and the well-being of your family.

A comprehensive Virginia estate plan typically includes several key documents. A Last Will and Testament outlines how your assets will be distributed and may name a guardian for minor children. A Revocable Living Trust allows assets to pass to beneficiaries without going through probate. Financial Powers of Attorney designate someone to manage your financial affairs if you become incapacitated, while a Healthcare Power of Attorney and Advance Medical Directive (Living Will) specify your healthcare preferences and appoint someone to make medical decisions on your behalf. Beneficiary designations on life insurance policies and retirement accounts are also critical components. Our estate planning attorneys will work with you to ensure all documents are properly drafted and reflect your wishes.