Former prosecutors & law enforcement

VIRGINIA STATE & VIRGINIA FEDERAL COURT DEFENSE

Our Virginia drug lawyers have defended clients charged with a variety of drug offenses throughout Virginia.  The following are some of the different Virginia drug cases we have handled for our clients:

• Possession of a controlled substance (Possession of Marijuana, Cocaine, Heroin, Ecstasy)
• Possession of a firearm while in possession of a controlled substance
• Possession of Marijuana in Virginia
• Possession of schedule I, II, III & IV drugs in Virginia
• Drug distribution in Virginia
• Conspiracy to distribute drugs in Virginia
• Transporting a controlled substance into Virginia
• Manufacturing of controlled substance or manufacturing of drugs in Virginia
• Drug trafficking and drug importation in Virginia
• Possession with intent to sell or distribute narcotics in Virginia
• Possession with intent to sell marijuana in Virginia
• Possession, manufacturing or distribution of drugs in school or other public property in Virginia

Possession of marijuana in Virginia is a misdemeanor.  The maximum sentence for a first time offense for possession of marijuana in Virginia carries a 30 day jail sentence. The penalties for subsequent convictions for possession of marijuana in Virginia are even more severe.  Before you plead guilty to a possession of marijuana charge in Virginia, make sure the prosecutor can prove the case.  Any good drug defense attorney in Virginia will take the time to hear the facts of your case and advise you about your options.  There are many defenses to a drug charge in Virginia.  Remember a drug charge can affect your future significantly.  Some of the consequences of having a drug charge on your record are: the loss of your job, loss of your security clearance, your privilege to drive and even your liberty.  Regardless of the alleged drug offense you are facing, our Virginia drug crime defense lawyers will defend you aggressively and zealously.

Possession of Marijuana in Virginia is prohibited pursuant to Virginia State Law 18.2-250.1

Virginia Code Section 18.2-250.1. states when possession of marijuana is unlawful.

A. It is unlawful for any person in Virginia knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.

Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
Possession of a firearm while in possession of a controlled substance is prohibited in Virginia pursuant to Virginia State Law 18.2-308.4

Virginia Code Section 18.2-308.4. prohibits possession of firearms while in possession of certain controlled substances.

A. It shall be unlawful for any person to be unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.

B. It shall be unlawful for any person to be unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

C. It shall be unlawful for any person in Virginia to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of marijuana. A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

Possession of controlled substances is unlawful pursuant to Virginia State Law 18.2-250

Virginia Code Section 18.2-250

A. It is unlawful for any person knowingly or intentionally to possess a controlled substance in Virginia unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for a violation of this section, 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.

(a) Any person who violates this section in Virginia with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony.

(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.

(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.
Manufacturing of controlled substance or manufacturing of drugs in Virginia is prohibited pursuant to Virginia State Law 18.2-248

Virginia Code Section § 18.2-248. (in part) is that statute that address manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited & the penalties.

A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.

B. In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.

C. Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second or subsequent conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years and be fined not more than $500,000.

When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period of not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.

Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:

1. 100 grams or more of a mixture or substance containing a detectable amount of heroin;

2. 500 grams or more of a mixture or substance containing a detectable amount of:

a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;

c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

d. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2c;

3. 250 grams or more of a mixture or substance described in subdivisions 2a through 2d that contain cocaine base; or

4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.

The mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:

a. The person does not have a prior conviction for an offense listed in subsection C of § 17.1-805;

b. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;

c. The offense did not result in death or serious bodily injury to any person;

d. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and

e. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

Possession with intent to sell marijuana is prohibited in Virginia pursuant to Virginia State Law 18.2-248.1

Virginia Code Section 18.2-248.1 states the penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.

Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.

(a) Any person who violates this section with respect to:

(1) Not more than one-half ounce of marijuana is guilty of a Class 1 misdemeanor;

(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;

(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.

If such person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.

(b) Any person who gives, distributes or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof shall be guilty of a Class 4 felony.

(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.

(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.

Possession, manufacturing or distribution of drugs in school or other public property is prohibited in Virginia pursuant to Virginia State Law 18.2-255.2

Virginia Code Section 18.2-255.2. prohibits the sale or manufacture of drugs on or near certain properties & the penalty.

A. It shall be unlawful for any person to manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance, imitation controlled substance or marijuana while:

(i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school, or any public or private two-year or four-year institution of higher education, or any clearly marked licensed child day center as defined in § 63.2-100;

(ii) upon public property or any property open to public use within 1,000 feet of the property described in clause (i);

(iii) on any school bus as defined in § 46.2-100;

(iv) upon a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity;

(v) upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or

(vi) upon the property of any state facility as defined in § 37.2-100 or upon public property or property open to public use within 1,000 feet of such an institution. It is a violation of the provisions of this section if the person possessed the controlled substance, imitation controlled substance or marijuana on the property described in clauses (i) through (vi) of this subsection, regardless of where the person intended to sell, give or distribute the controlled substance, imitation controlled substance or marijuana. Nothing in this section shall prohibit the authorized distribution of controlled substances.

B. Violation of this section shall constitute a separate and distinct felony. Any person violating the provisions of this section shall, upon conviction, be imprisoned for a term of not less than one year nor more than five years and fined not more than $100,000. A second or subsequent conviction hereunder for an offense involving a controlled substance classified in Schedule I, II, or III of the Drug Control Act (§ 54.1-3400 et seq.) or more than one-half ounce of marijuana shall be punished by a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence. However, if such person proves that he sold such controlled substance or marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance or marijuana to use or become addicted to or dependent upon such controlled substance or marijuana, he shall be guilty of a Class 1 misdemeanor.

C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.

Our Virginia drug defense lawyers provide legal representation to clients all throughout Virginia including but not limited to:

Manassas City, VA, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, VA, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, VA, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City, Eastern & Western District of Virginia Federal Courts, Alexandria Federal Court, Richmond Federal Court, Virginia Beach Federal Court, Newport News Federal Court, Roanoke Federal Court, Abingdon Federal Court.

Our Virginia drug defense attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.

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