The Code of Virginia is extremely severe and very straightforward when it comes to drug offenses. The state laws come with significantly harsh penalties related to the type and nature of drug crime as well as, usually, the type and amount of drug involved in an offense.
The Commonwealth of Virginia lists a number of substances as illegal commodities. They are comprehensively classified as Schedule I & Schedule II strictly controlled substances under the Virginia Code (Section 5401-3446, 3448). Additionally, trading, possession, and consumption of Marijuana or Cannabis have been given a special category of drug offense as mainly the only intoxicant drug substance that is just a misdemeanor to possess rather than being viewed as a controlled drug commodity in Virginia.
Typically, drug offenses in Warren Virginia come in mainly two forms, viz. Distribution and Possession. Distribution of drugs is simply the act of providing any type of illegal substance or commodity to another individual. Although accommodation is also the act of delivering unlawful substances to another individual, it is done without any intention of making a profit, for instance sharing drug substances with someone. Thus, it is part of the Destruction statutes. However, the Defendant has to demonstrate that such an act of Distribution was solely an Accommodation. The Distribution charges vary with the differences in drug type and amount involved or transported. You should know that the acts of preparing, manufacturing as well as Possession with the primary intention to Distribute also come under Distribution statutes.
In order to find an individual guilty of drug possession, the Warren Virginia’s lawyer must prove that:
- the commodity or substances found were unlawful and illegal,
- the individual knew that the commodities within actually illegal drugs, and
- the individual utilized control over the drug substances.
Often this information is collected from individuals who make statements, which allow police authorities to perform a car search, their home or their people, or demonstrate eventually their guilt. Just to make you aware that several charges could also be diligently avoided when individuals used their legal right to be free of awkward, uncooperative and unreasonable searches and not to implicate or denounce themselves.
When the illegal commodities are not directly found with the individual or in some kind of their container, like backpack or purse, then the case is viewed as a constructive possession. This is most often harder for a legal authority or government to prove since it requires far more than merely the fact that the drug substances were evidently found in the individual’s car or house. The Warren Virginia lawyers have to provide a solid proof that:
- the Defendant made some clever attempt to get rid of or hide the drugs,
- the drugs were gathered in close proximity to the individual, or
- the suspected person made certain statements that in one or more ways incriminated him or her.
If you or your loved one is suspected of a drug offence in Warren, Virginia, it is imperative to retain a well-versed, reputable criminal defense attorney to prevent harsh punishment and heavy fines.