Drugs Possession & Distribution

Facing a drug charge in Virginia is a serious matter that requires immediate action and skilled legal defense. From simple possession to distribution, the penalties for drug offenses are severe and can impact your freedom, employment, and reputation. At Tarris Law, we are committed to protecting your rights and fighting for your future. Our experienced Virginia drug defense attorneys provide strategic, aggressive representation to ensure the best possible outcome for each client.

If you find yourself facing a drug charge, the steps you take immediately afterward can significantly affect your case. Here’s what to do if you are charged with a drug-related offense:

1. Stay Calm and Cooperative: Be respectful in all interactions with law enforcement. Avoid resisting or arguing, as this can escalate the situation.
2. Exercise Your Right to Remain Silent: Politely decline to answer any questions without an attorney present. Anything you say can be used against you in court.
3. Request Legal Representation Immediately: Contact an experienced drug defense attorney right away. Early intervention allows your attorney to start building a strong defense, protecting your rights from the start.
4. Avoid Discussing Your Case with Anyone Else: Don’t discuss the details of your case with anyone, including friends or family. Anything shared could potentially be used against you later.

At Tarris Law, we understand that each drug case is unique. Our attorneys examine every aspect of your case to build a defense tailored to your situation. Common defense strategies include:

• Challenging an Unlawful Search and Seizure: The Fourth Amendment protects against unreasonable searches. If law enforcement conducted an illegal search or seizure, we can move to have the evidence excluded from court.
• Questioning the Chain of Custody: Drug evidence must be handled properly and documented through a strict chain of custody. If there were any gaps in this process, we can challenge the validity of the evidence, potentially leading to a dismissal.
• Proving Lack of Intent to Distribute: Quantity alone doesn’t prove intent to distribute. We can argue that the drugs were for personal use rather than sale or distribution, which can reduce the severity of the charges.
• Establishing a Prescription Defense: For controlled substances that may have been prescribed legally, we can present evidence that you possessed the drugs lawfully with a valid prescription.
• Entrapment Defense: If law enforcement encouraged or coerced you to commit a crime you otherwise wouldn’t have committed, we may raise entrapment as a defense.
• Lack of Knowledge: If you were unaware of the presence of drugs—for example, if someone else placed them in your vehicle—proving lack of knowledge can be a valid defense.

Virginia categorizes drugs into schedules based on their potential for abuse and accepted medical uses:

• Schedule I: High potential for abuse with no accepted medical use, such as heroin or LSD.
• Schedule II: High potential for abuse but some accepted medical uses, including methamphetamine, cocaine, and fentanyl.
• Schedule III-VI: Decreasing levels of abuse potential and increasing medical uses, including certain prescription medications.

Simple Possession: For Schedule I or II substances, simple possession is generally a Class 5 felony, punishable by 1 to 10 years in prison or up to 12 months in jail with fines up to $2,500. Lower schedules carry progressively lighter penalties.

Distribution or Intent to Distribute: Distribution charges carry more severe penalties, including:

• Schedule I or II Substances: A felony with potential prison sentences ranging from 5 to 40 years for a first offense, escalating for subsequent offenses.
• Large Quantities: Enhanced penalties apply for substantial amounts of certain drugs, such as 100 grams or more of methamphetamine or heroin, or 500 grams or more of cocaine, which can carry mandatory minimums of 20 years.

Marijuana: While small amounts for personal use are decriminalized, possession of larger quantities, and any intent to distribute, carry serious misdemeanor or even felony penalties.

Virginia offers alternatives to incarceration for some individuals, especially first-time or low-level offenders. These include:

• Drug Court: A specialized program focusing on rehabilitation and treatment instead of punishment. Completing drug court requirements may lead to a dismissal of charges.
• Deferred Disposition: Certain first-time offenders may qualify for deferred disposition, which allows them to complete probation and other requirements in exchange for a dismissal of charges upon successful completion.
• Substance Abuse Treatment Programs: Courts may allow enrollment in a treatment program instead of jail time, particularly for those dealing with substance dependency.

Defending against drug charges requires a skilled, strategic approach, and at Tarris Law, we are committed to protecting your rights and minimizing the impact of a drug charge on your life. Here’s why clients choose us:

• Experienced and Knowledgeable: Our attorneys have in-depth knowledge of Virginia’s drug laws and extensive experience defending clients against a wide range of drug-related charges.
• Client-Centered Approach: We prioritize open communication, working closely with you to understand your goals and concerns. We keep you informed throughout the process and ensure you feel supported every step of the way.
• Aggressive Defense: We pursue every avenue to challenge the charges, negotiate favorable outcomes, and secure alternative sentencing options whenever possible.

If you or a loved one is facing drug charges in Virginia, it’s essential to act quickly. Contact Tarris Law today for a consultation with an experienced drug defense attorney. We’re here to answer your questions, discuss your options, and begin building a strong defense to protect your rights and future. Don’t wait—reach out now to take control of your case.