Consult with an Experienced Virginia Drug Lawyer Fairfax, Va
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 all other counties of Virginia. We have offices in Fairfax, Arlington, and Staunton. We reference Fairfax, Va. in this article because it is the largest jurisdiction in Virginia with the most rigid 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.
Drugs 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.
Synthetic Drugs in the State of Virginia
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 one drug even slightly can yield another drug, while still providing 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 not 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, as well as some law enforcement officials, making a drug lawyer from Fairfax, Va essential to 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 5-50 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 call for the assistance of a drug lawyer from Fairfax, VA.
Facing Drug Possession Charges in the State of Virginia
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 for a circumstance where a first-time offender, whether accused of felony or misdemeanor, might 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 results 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 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 the how suspected drugs were collected, processed, or tested.
Possession of Drug Paraphernalia is a related charge than 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 relating to arrest and bond after a charge is made. Assessing the evidence of the case and developing the appropriate trial defense is the central role of a drug lawyer in Fairfax, Va. The organization of mitigating information and negotiations with the prosecution are 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.
Defending Against Criminal Charges
If you need a drug lawyer Fairfax VA residents turn to, contact us at 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.
Possible Drug Charges
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. A drug lawyer Fairfax VA offers could review your case and anticipate what additional charges you may face. You may be facing one or more of these charges:
- Drug possession. If you are found to have a controlled and dangerous substance in your possession (in your vehicle, home, or on your person) you may be charged with possession.
- Intent to sell. If you’re caught with a controlled and dangerous substance in your possession and the law enforcement officer believed you intended to sell it, you may be charged with intent. A good drug lawyer Fairfax VA provides may determine if you truly demonstrated intent or if that charge should be dismissed and on what grounds.
- Selling drugs. This charge is reserved for when a person is caught in the act of selling drugs, either to an undercover officer or to a citizen.
- Drug trafficking. If you are caught transporting a controlled and dangerous substance, you might be charged for trafficking. The laws vary according to how and where you are transporting the drugs, for instance across state lines may vary from leaving or entering the country. Also, additional laws may apply if you are trafficking via airplane as opposed to on the ground.
Unlawful Searches and Seizures
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 peoples’ rights. The average drug lawyer in Fairfax Virginia has likely seen their share of unlawful searches and seizures of innocent persons’ property.
Unlawfully Obtained Confessions
If a confession was unlawfully obtained from you, a drug lawyer Fairfax VA locals turn to in similar circumstances may argue that the confession should be thrown out. Dave Albo – Attorney, L.L.P. attorneys are well-trained in recognizing when the rights of our clients have been infringed upon. In some instances, our attorneys have been able to get our clients’ drug charges dropped completely.
A Drug Lawyer Fairfax VA Offers May Impact the Outcome of Your Charges
While you might qualify for a court appointed lawyer, the choice to hire a private drug lawyer in Fairfax VA could have a significant impact on your charges and overall outcome. Whether you have been charged for 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 interest. If you don’t know why you should retain a drug lawyer Fairfax VA trusts, consider the following:
Anticipate Your Exposure
An experienced drug lawyer Fairfax VA relies on can anticipate your potential exposure such as your sentencing and 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, L.L.P., is well versed in the representation of drug crimes offenders in Virginia. The familiarity of predispositions, sentencing, and trial can be valuable to defendants. We also know many of the prosecutors and judges which may assist in effective communication measures. This might impact the decision as to what charges, and their respective punishment, are filed.
You Get the Attention You Need
Unfortunately, public defenders do not often have the necessary time needed to review your case and build a good defense. By hiring a drug lawyer Fairfax VA resident’s 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 also can meet with you to inform you of what’s going on, explain our defense strategy, and demystify the entire process.
Experience in Fighting Drug Crimes
Often drug cases involve infringements on the Fourth Amendment search and seizure protections. As a leading drug lawyer Fairfax VA provides, we carefully analyze any evidence that may have been used to obtain a warrant. We also may examine the scope of the warrant and how the search was executed. If we believe there to be any suppression of illegally obtained evidence, or any other rights infringement, we can be ready to seek a dismissal of any charges filed, or a reduction in the charge.
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 take your family into consideration. Whether your family may need protection from harm or assistance in avoiding seizure of assets and/or property, we may be able to help. Call a drug lawyer Fairfax VA depends on as soon as possible to get started.
NEW DRUG LAWS IN VIRGINIA
As you know, in addition to my profession as an attorney, I am 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 pertaining to Marijuana. A Drug Lawyer Fairfax VA needs to know these new changes.
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 Drug Lawyers Fairfax Virginia are not aware of the last line in 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 implementation of the bill. Note that the U.S. Department of Transportation as of publication of this article has not yet made the determination. So the bill is not yet effective.
Cannabidiol oil and THC-A oil; permitting of 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 to be used for the treatment of intractable epilepsy. The bill sets limits on the number of permits that the Board may issue and requires that the Board 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, the patient issued such 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: Know Your Rights
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 the counsel of a drug possession attorney such as Dave Albo – Attorney 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.
Types of Drug Offenses for Which He Can Represent You
- Drug Possession
- Selling of Drugs
- Marijuana Growing and Cultivation
- Methamphetamine Possession
- Prescription Medication Forgery
- Crack/Cocaine Possession
- Possessing Chemical Materials for Drug Manufacturing
- Possession of Pipes, Bongs, and Hydroponic Materials
If you were the victim of a search and seizure actions by law enforcement, you know how embarrassing of 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 breaking of home appliances or furniture, and seizure of property. As a drug lawyer Fairfax VA community members trust, Dave Albo – Attorney may be able to help you in the following ways:
- The warrant may have been legitimate, but the way in which the search was done might have been unlawful. By hiring a drug lawyer Fairfax VA defendants turn to such as Dave Albo – Attorney, he can scrutinize how police handled themselves during the search of your home or office.
- When you have a drug possession attorney like Dave Albo – Attorney on your side, he might be able to discover aspects of your arrest that were illegal. As a result of his work, you could have your charges dropped or reduced.
- It is possible you were pulled over by law enforcement and searched without probable cause. As an experienced drug lawyer in Fairfax VA, Dave Albo – Attorney can verify this and if true, he might be able to get your charges dropped.
- You may have been driving safely but were racially profiled. Dave Albo – Attorney can determine if unlawful motivations contributed to your arrest. His success rate is why he is a drug lawyer Fairfax VA locals recommend.
A federal drug charge is burdensome and can weigh heavy 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 for a shorter length of jail time.
Contact Us for Legal Representation
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 us today at Dave Albo – Attorney, L.L.P. 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 adult, you may be facing serious repercussions. After a review of your case, a Fairfax drug lawyer from Dave Albo – Attorney, L.L.P. may help you reduce the likelihood 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.
Contact Dave Albo Attorney in Virginia
At our law firm, your drug case will receive the attention it deserves from a seasoned Fairfax, Va drug lawyer with experience representing intricate 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 clients recommend, you can learn more about how our legal team can protect your rights.