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Drug-related crimes in Virginia are serious and call for an experienced drug lawyer in Fairfax, VA with very specific expertise.
Note: Our lawyers practice in Fairfax and throughout Virginia. We have offices in Fairfax, Arlington, and Staunton. We reference Fairfax, VA, in this article because it is Virginia’s largest jurisdiction and has the most rigorous procedures. Work done to Fairfax standards meets or exceeds the standards in every other jurisdiction in the Commonwealth, so it is common to use it as a benchmark.
Drug charges in Virginia most typically involve possession or distribution. However, synthetic drugs such as bath salts, synthetic marijuana, PCP, LSD, and MDMA have all become commonplace. Many of these drugs have some of the same effects as traditional controlled substances like marijuana and cocaine. Synthetic drugs are popular among high school students and other youth, especially because the drugs are said to be harder to detect than their real counterparts. However, just because a drug is synthetic does not always make it legal.
Fairfax, VA, drug lawyers often represent clients facing charges related to synthetic drugs. Generally, synthetic drugs are manufactured by chemical processes in a laboratory setting. Altering the chemicals used to create a drug even slightly can yield another drug that still provides the same effects. One way to avoid getting in trouble with the law is by altering the chemical composition of a particular drug so that it is no longer on the list of prohibited drugs.
Synthetic drugs are sometimes sold in gas stations, convenience stores, and smoke shops. The fact that these drugs are often altered to stay one step ahead of the law can cause confusion as to which drugs are still legal. This can confuse ordinary citizens and some law enforcement officials, making it essential to work with a drug lawyer from Fairfax, VA, for your case.
In many states, synthetic drugs are considered illegal and subject to regulation under the law. On the federal level, the Synthetic Drug Abuse Prevention Act was signed into law in 2012. This made the labeling of certain synthetic drugs as Schedule I of the Controlled Substances Act. Following this, the DEA took emergency action to place synthetic drugs on the controlled substances list. Because of this, being charged with a drug crime is serious business, making it vital that you receive legal counsel from a drug lawyer in Fairfax, VA.
Synthetic drugs have been reclassified as controlled substances, making them punishable with the same penalties as drugs such as marijuana, meth, and cocaine. As a result, depending upon the weight of the substance and other factors, a defendant stands to face between 5 and 50 years in prison for the manufacture and distribution of synthetic drugs. Owners of convenience stores who continue to sell synthetic drugs may also be prosecuted for various state and federal offenses, such as money laundering and tax evasion. Facing charges that were related to synthetic drugs calls for the assistance of a drug lawyer from Fairfax, VA.
When facing possession charges, drug lawyers in Fairfax, VA can help you navigate the criminal court system. The type of drug determines the seriousness of the charge. Almost all drug charges in Virginia are felonies, with the exception of Marijuana Possession, which is a misdemeanor. Unsurprisingly, “Possession of Marijuana” is not nearly as serious as “Possession of Cocaine.”
Laws related to drug possession generally arise from Virginia Code §18.2-250. To prove a drug possession charge, the prosecutor must prove that the defendant knowingly and intentionally possessed the drug. The key here is “knowing and intentional” possession. This can be complicated for a Prosecutor to prove and is the main defense used by a Fairfax, VA drug lawyer. For example, suspected drugs found on one’s person might be viewed differently than suspected drugs found within a vehicle or in a backpack.
The maximum punishment for simple possession is up to 10 years in prison. Virginia Code §18.2-251 provides a circumstance in which a first-time offender, whether accused of a felony or a misdemeanor, may avoid a criminal conviction. This is largely based upon the successful completion of probation before a judgment is entered in the case.
Oddly, whether a motor vehicle is involved in a drug case or not, most convictions of a drug offense also result in a mandatory driver’s license suspension for at least 6 months.
Laws related to drug distribution can be found at Virginia Code §18.2-248. Distribution charges are obviously more serious and call for an experienced drug lawyer in Fairfax, VA to assist you. This is especially true when those allegations take place near a school or involve weapons. In those circumstances, there are added years in prison on top of what a defendant would get just for the Distribution charge on its own.
A more common charge is “Possession With Intent to Distribute” (PWID). Without evidence of an actual distribution, the prosecution has the added burden of proving that the accused intended to distribute some suspected illegal drug. This is often marijuana, cocaine, ecstasy, or heroin, and increasingly, some legitimate pharmaceuticals are used in an illegal manner as well. PWID cases hinge on the circumstances of the alleged possession. The presence of larger quantities of drugs or items such as scales, specific packaging, or cash can become the basis of a PWID charge, even if drugs were intended for personal use.
A drug lawyer from Fairfax, VA will also assert other common defenses in Possession, PWID, or Distribution cases involving the admissibility of evidence. An experienced Fairfax, VA drug lawyer will question the legality of police searches and seizures. If successful, this will limit the prosecutor’s use of certain evidence. There can also be questions about how suspected drugs were collected, processed, or tested.
Possession of Drug Paraphernalia is a related charge that can arise under these circumstances. To sustain a conviction under Virginia Code § 54.1-3466 for possession of drug paraphernalia, the prosecution must prove that the accused possessed drug paraphernalia contemplated by the law. The prosecution must additionally prove that the accused did so with the intention of using the paraphernalia for the purpose of illegally administering a controlled substance. This is considered a misdemeanor, not a felony. A Fairfax, VA drug lawyer often uses this section in plea negotiations by asking the Prosecutor to drop a Possession charge to a Paraphernalia charge.
Drug charges in Virginia are serious legal situations. If you or someone you know is charged with a drug crime, they are going to need a drug lawyer from Fairfax, VA with expertise and experience in this specialized field of criminal defense. The lawyer you choose for a drug allegation is a critical decision. Your lawyer can be invaluable every step along the way. For example, there might be opportunities to become involved before charges are made, avoiding criminal exposure altogether. There can be issues with arrest and bond after a charge is filed. Assessing the evidence in the case and developing the appropriate defense at trial are central to a drug lawyer’s role in Fairfax, VA. The organization of mitigating information and negotiations with the prosecution is part of any comprehensive defense. Dealing with a judge in a courtroom can range from motions, pretrial hearings, actual trial ,and in some cases, the sentencing phase.
If you need a drug lawyer in Fairfax, VA, contact Dave Albo. Our attorneys have extensive experience protecting the rights of those charged with drug crimes. We may represent you even if you have not yet been charged. Call us so we may begin work on your case as soon as possible.
Whether you’re awaiting charges or have been charged but are hoping for a lesser charge, you may not be aware of the most common drug-related offenses. Our Fairfax, VA drug lawyer can review your case and anticipate what additional charges you may face. You may be facing one or more of these charges:
Police officers, government representatives, and others in positions of authority are not always correct or even within the law. Drug investigations are not an exception. We have seen time and time again when those hired to protect the people actually infringe on those very people’s rights. The average drug charge defense lawyer has seen their share of unlawful searches and seizures of innocent persons’ property.
If a confession was obtained from you unlawfully, our criminal defense lawyer may argue that it should be excluded. Attorney Dave Albo is well-trained in recognizing when our clients’ rights have been infringed. In some instances, our attorneys have been able to get our clients’ drug charges dropped completely.
While you might qualify for a court-appointed lawyer, the choice to hire a private drug lawyer could have a significant impact on your charges and overall outcome. Whether you have been charged with paraphernalia, the suppression of meth, a first-time drug offense, or multiple-count felony drug charges, we are prepared to guide you through the process while protecting your rights and interests. If you’re still debating working with an attorney, consider the following:
Anticipate Your Exposure
Our experienced Fairfax, VA drug lawyer can anticipate your potential exposure, including sentencing and the consequences of the charges. Having a clear understanding of all the potential penalties can help you to make a smart, informed decision on whether or not you should accept a deal or go to trial. The impact of a disposition, in which you may learn about the ability to clear your record (for example), might also be understood more reliably. This, too, is very important to know about well in advance.
A Lawyer Understands the Court Process
A Fairfax drug lawyer like Dave Albo – Attorney, is well versed in the representation of drug crime offenders in Virginia. The familiarity of predispositions, sentencing, and trial can be valuable to defendants. We also know many of the prosecutors and judges who may assist in effective communication measures. This might affect the decision on which charges and their respective punishments are filed.
You Get the Attention You Need
Unfortunately, public defenders often do not have the time to review your case and build a strong defense. By hiring a drug lawyer Fairfax, VA residents count on, you can feel confident in knowing your case can get the attention required to protect and serve your best interests. At our firm, we limit our caseload, which enables us to devote our resources to our clients. We have exceptional resources, including expert witnesses, doctors, and forensic laboratories. Each of these can be useful when trying to have your charges reduced or dropped. We can also meet with you to update you on what’s going on, explain our defense strategy, and demystify the process.
Experience in Fighting Drug Crimes
Often, drug cases involve violations of the Fourth Amendment’s search-and-seizure protections. As a leading criminal defense attorney, Attorney Dave Albo carefully analyzes any evidence used to obtain a warrant. We may also examine the scope of the warrant and the manner in which the search was executed. If we believe there is any suppression of illegally obtained evidence or any other infringement of rights, we can be ready to seek dismissal of any filed charges or a reduction in the charges.
Mitigate the Impact on Your Personal Life
We understand the impact drug charges can have on your family. While we can be there for you, we can also consider your family. Whether your family needs protection from harm or assistance in avoiding the seizure of assets and/or property, we may be able to help. Call our Fairfax, VA drug lawyer as soon as possible to get started.
As you know, in addition to my profession as an attorney, Attorney Dave Albo is also Chairman of the Committee that writes the laws in the State of Virginia. As of July 1, 2017, there is one important new law regarding marijuana.
H.B. 2051
Patron: Adams
Driver’s license; marijuana possession. Under current law, first-time offenders for possession of marijuana could go through steps to have their case dismissed as long as they had no further infractions for the next year, took a drug education class, and had their license suspended for 6 months. Instead of having their license suspended, this law allows them to perform 50 hours of community service as an alternative. Revises the existing provision that a person loses his driver’s license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to a deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The bill provides that a court retains the discretion to suspend or revoke the driver’s license of a person placed on deferred disposition for simple possession of marijuana, and must suspend or revoke for six months the driver’s license of such person who was operating a motor vehicle at the time of the offense. The bill also requires that such a person, whose driver’s license is not suspended or revoked, perform 50 hours of community service in addition to any community service ordered as part of the deferred disposition. Most attorneys are unaware of the last line of the new law. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of the bill’s implementation. Note that the U.S. Department of Transportation, as of the publication of this article, has not yet made the determination. So the bill is not yet effective.
SB 1027
Patron: Marsden
Cannabidiol oil and THC-A oil, permitting pharmaceutical processors to manufacture and provide. This is based on my bill last year that allowed people with Epilepsy to possess oils derived from Marijuana. This bill authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil for the treatment of intractable epilepsy. The bill sets limits on the number of permits the Board may issue and requires the Board to adopt regulations establishing health, safety, and security requirements for permitted processors. The bill provides that only a licensed practitioner of medicine or osteopathy who is a neurologist or who specializes in the treatment of epilepsy may issue a written certification to a patient for the use of cannabidiol oil or THC-A oil. The bill also requires that a practitioner who issues a written certification for cannabidiol oil or THC-A oil, if the patient issues such a certification, and if the patient is a minor or incapacitated, the patient’s parent or legal guardian register with the Board. The bill requires further that a pharmaceutical processor shall not provide cannabidiol oil or THC-A oil to a patient or a patient’s parent or legal guardian without first verifying that the patient, the patient’s parent or legal guardian if the patient is a minor or incapacitated, and the practitioner who issued the written certification have registered with the Board. Finally, the bill provides an affirmative defense for Drug Lawyer Fairfax VA to use in court to make sure that agents and employees of pharmaceutical processors are not convicted of the manufacture, possession, or distribution of marijuana. The bill contains an emergency clause.
Drug possession charges are a serious crime with potentially life-changing penalties, and this is why it’s important to talk to a drug lawyer Fairfax, VA offers. Seeking counsel from a drug possession attorney, such as Dave Albo, should be a top priority. Simply being accused of a crime can be devastating and should be handled in a discreet, compassionate yet professional manner. Dave Albo is a Fairfax drug lawyer you can trust. Dave Albo has worked for the rights of people who have been accused of drug crimes since he began practicing law almost three decades ago. He believes in upholding only the highest levels of legal services and is passionate about protecting the rights of people in his community.
If you were the victim of a search and seizure action by law enforcement, you know how embarrassing an experience it can be. Law enforcement does not always act in the most respectful way possible during this process. Their actions can result in damaged doors, unnecessary damage to home appliances or furniture, and the seizure of property. As a Fairfax, VA drug lawyer, Dave Albo – Attorney may be able to help you in the following ways:
A federal drug charge is burdensome and can weigh heavily on you and your loved ones. You may be facing a long sentence and fear being separated from your family for an extended period of time. Dave Albo – Attorney may be able to negotiate a shorter jail term.
The punishments for Marijuana are dramatically lighter than the punishments for possession of drugs. If you are charged with a first offense of possession of Marijuana, and you don’t mind a criminal record for it, then you may not want to pay for a lawyer. However, if you are charged with Virginia Code §18.2-250: Possession of a Controlled Substance, it is highly recommended that you hire an experienced drug crime defense lawyer. This is because there are defenses to these charges. And for first-time offenders, there is a way to avoid a conviction altogether.
The relevant portions of the Possession of a Controlled Substance Code are as follows: “It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription …”
The penalties vary depending on the drug. For Schedule I and Schedule II, the penalty is a Class 5 Felony. (0-10 years in prison). Examples of Schedule I and II are Cocaine, Heroin, and many of the Prescription Drugs, such as the opioid derivatives like Percocet and Oxycodone.
The penalty for possession of Schedule III (e.g., Vicodin, Tylenol 3 with Codeine, Ketamine, Anabolic Steroids) is a Class 1 Misdemeanor, which carries up to a $2,500 fine and one year in jail.
The penalty for possession of a Schedule IV (e.g., Xanax, VAlium, Klonopin, Soma) is a Class 2 Misdemeanor, which carries up to a $1,000 fine and 6 months in jail.
The penalty for possession of Schedule V and VI (e.g., Schedule V = Robitussin AC, Phenergan with Codeine; Schedule VI = prescription drugs not included above) is Class 3 and 4 Misdemeanors, respectively, which carry only fines and no jail.
Note that there are some drugs that the State believes are especially dangerous. These drugs have their own code section and their own extra punishments. Most notably, the following drugs have extra penalties: Methamphetamine (“crystal meth”), flunitrazepam (a date rape drug), gamma-butyrolactone, and 1, 4-butanediol.
There are several defenses that experienced criminal defense attorneys use to help their clients achieve dismissals. The most common is fighting the charge of an unconstitutional search. The Founding Fathers of our Country included in the Constitution a requirement that, in order to search a car, the Police must have “probable cause” that a crime may have been committed. This is not proof that a crime occurred, but rather evidence that would lead a reasonable person to suspect that a crime has occurred. So, for example, if a Police Officer pulls someone over for speeding and asks to search the car, and the driver says “no,” unless the Police Officer has reasonable cause to believe there are drugs in the car, all the Police Officer has is reasonable suspicion of speeding. That is not sufficient to support a search of the car.
Many people do not know their rights, and will agree to allow a Police Officer to search the car. If drugs are found, a drug lawyer should be aware of a defense that is actually embedded in the Virginia Code. Attorney Dave Albo is aware of this, as he served for 24 years as a Member of the Virginia House of Delegates, helping to write the laws. Written right into the §18.2-250 Code section is the following: “… ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.” Thus, just because it is in your car, it cannot, on its own, support a conviction. The Prosecutor must show something more, such as fingerprints on the bag, testimony of occupants that it was the Defendant’s, or a confession.
Other defenses commonly used by an experienced attorney include attacking the laboratory results or other Constitutional Defenses, such as an illegal stop. As to the illegal stop, the Founding Fathers required in the Constitution that people cannot be stopped for no reason. The Police must have a “Reasonable Articulable Suspicion” that a crime has occurred to stop someone. So, if you were not violating any traffic law and a Police Officer just pulled you over because it was 3 a.m. and he figured “everyone driving around at 3 a.m. is up to no good”, his stop would be illegal. If the stop is illegal, then all the evidence is thrown out of court.
Finally, if it appears that no defenses are likely to yield a trial victory, the good news is that the Virginia Code provides a way to get the case dismissed for first-time offenders. This is known as the “251 Disposition.” This is short for Virginia Code §18.2-251, which allows the Court to continue the case for a period of time, usually one year, and upon the successful completion of drug education, drug evaluation, and treatment (if needed). If, during the continued period, no further violations occur and the Defendant successfully completes all the Court’s requirements, the case will be dismissed. Sometimes the Court also requires community service. A driver’s license suspension is usually required as well. You can get a restricted license to drive to and from work, school, child care, and medical appointments, among other things. Legislation is pending to allow people to complete additional community service in exchange for avoiding license suspension.
The downside is that this 251 Disposition does go on your criminal record. So, while the record says “Charged Possession of Schedule II drug – Dismissed”, that notation stays on the criminal record and cannot be expunged (a.k.a. erased from the record.)
Effective July 1, 2020
Possession and consumption of marijuana; penalty.
Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense; subsequent offenses are Class 1 misdemeanors. The bill provides that any violation of simple possession of marijuana may be charged by a summons in the form of the uniform summons for motor vehicle law violations, and that no court costs shall be assessed for such violations. The bill also provides that a person’s criminal history record information shall not include records of any charges or judgments for such violations, and records of such charges or judgments shall not be reported to the Central Criminal Records Exchange. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that, upon either party’s request on appeal to the circuit court, trial by jury shall be provided, and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions and driver’s license suspension provisions apply only to criminal violations or to civil violations by a juvenile.
The bill defines “marijuana” to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense and is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 1, 2020. This bill incorporates HB 265, HB 301, and HB 481 and is identical to SB 2.
To prove a drug charge, the prosecutor must prove that the defendant knowingly and intentionally possessed the drug. The type of drug determines the seriousness of the charge. Unsurprisingly, “Possession of Marijuana” is not nearly as serious as “Possession of Cocaine.” The key here is “knowing and intentional” possession. This can be hard for a prosecutor to prove and is the main defense in drug cases. “Possession with Intent to Distribute” (PWID) marijuana, cocaine, ecstasy, or heroin are frequently charged drug crimes. Items such as scales, baggies, and larger quantities of drugs become the basis of such charges, even if the use was personal. To prove PWID, a prosecutor must prove that the defendant possessed the drug with the intent to distribute it. With the exception of Marijuana, the possession of which is a misdemeanor, almost all drug charges are felonies in Virginia. The maximum punishment for simple possession is up to 10 years in prison. Oddly, whether a motor vehicle is involved in a drug case or not, most convictions of a drug offense also result in a mandatory driver’s license suspension for at least six months.
Having an experienced attorney by your side can make all the difference in whether or not you stay in jail until trial. Our attorneys may also work on your behalf to negotiate fines and possibly bargain your plea down to a lesser charge. Don’t risk your future by using an overworked public defender to represent you. Call Dave Albo – Attorney today to meet with a drug lawyer Fairfax, VA citizens trust to protect their rights. If you’ve been charged with a drug-related offense, whether you’re a juvenile or an adult, you may be facing serious repercussions. After reviewing your case, we may be able to help you reduce the risk of steep fines and serious jail time. A criminal record can follow you around through the rest of your life, making your personal and professional life very difficult.
At our law firm, your drug case will receive the attention it deserves from a seasoned Fairfax, VA drug lawyer with experience representing drug crimes. If you have been arrested for a drug-related crime on the state or federal level, you need an experienced and zealous drug crimes attorney like Dave Albo Attorney fighting for you. A drug conviction can have a devastating impact on a person’s future, affecting their career prospects, educational opportunities, and even housing. This is why it is critical to have a criminal defense attorney who has experience in both federal and state drug laws. Call Dave Albo Attorney, today to schedule a free and confidential consultation. With a seasoned criminal defense attorney that clients recommend, you can learn more about how our legal team can protect your rights.
