For this reason, it’s important to hire an experienced criminal defense attorney who can argue the charges down to something like simple possession. Conclusion Possession of any amount of an illegal substance is enough for a drug possession charge in Virginia.
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Contact Jacksonville Simple Possession Defense Attorney Aden Wilkie Today. Even a “light” charge such as simple possession of marijuana calls for the legal counsel of a competent NC drug crime attorney. Aden Wilkie of the Wilkie Law Firm will fight hard to dispute the prosecution’s evidence and narrative against you to get you off scot-free.
Aug 30, 2021 · How to Beat a Simple Possession Charge in Court There are several defenses your attorney can put forth to demand a dismissal, win an acquittal at trial, or pursue a lenient sentence. No Drugs : Officers often arrest people based on suspicion of possession of a drug, but it turns out the substance wasn’t anything illegal.
Jan 29, 2018 · Your lawyer can also come up with a defense strategy. There are many different ways that you can defend possession charges. Here are a few of those ways: 1. Overload the Prosecution. Often, simple possession cases are at the bottom of the court’s priority list. If a lawyer intensely handles your case, then he can make more work than the court wants.
Fight Drug “Possession” to Get the Charge Dismissed. Before conviction, the prosecutor must prove that the defendant was in knowing and intentional possession of drugs. Drug possession can be actual, joint, and/or constructive possession. These are legal terms you'll only see in the court setting.Aug 26, 2021
There are numerous defenses that can be used against drug possession charge, including:Claiming the drugs belong to someone else.Asserting that the drugs were searched for illegally.Showing that the accused is the victim of entrapment.Forcing the prosecution to prove the alleged illicit substance is actually a drug.
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.Nov 16, 2021
How to Get Simple Possession Charges DroppedPlea Bargaining. ... Entrapment. ... Miranda Rights Violation. ... Unlawful Search or Seizure. ... Insufficient Evidence. ... Prosecutorial Discretion.
The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.
The most common defenses to drug crimes are unwitting possession, illegal search and seizure, police abuse of power, and medical marijuana (legal use). Unwitting possession refers to a person possessing a drug with no knowledge of doing so.Jan 16, 2020
Penalty Group 1:WeightClassification for PossessionPenalty for Possession4-200G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000200-400G1st Degree Felony5 to 99 years in prison & possible fine not to exceed $10,000>400GEnhanced Felony 110 to 99 years in prison & fine not to exceed $100,0002 more rows•Jun 24, 2020
If you are charged under the possession law, it means the state has accused you of carrying or having access to a controlled substance such as marijuana, cocaine, or Ecstasy. And any drug possession conviction will result in a 6-month driver's license suspension under Texas statutes.
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
Mandatory E-Prescribing Law Act 65 of 2019 added Section 44-53-360(j) to the South Carolina Controlled Substances Act (Title 44, Chapter 53 of the South Carolina Code of Laws) that requires practitioners to electronically prescribe controlled substances, unless they fall under one of the exemptions.
Persons Who Inject Drugs (PWID) | CDC.
Cocaine, Cocaine Base (Crack), and Methamphetamine Possession of a Controlled Substance – possession of up to one gram of powder cocaine, cocaine base (crack), or methamphetamine is considered simple possession in SC.Aug 17, 2020
Simple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine. The criminal offense of simple possession, as the name indicates, usually means that you possessed a controlled substance, but did so for personal use and were not selling the drug.Jan 8, 2017
The best way to challenge an actual possession charge is to call into question the stop and search that resulted in the police finding the drugs. An officer must have a reasonable suspicion that you have committed, or are about to commit, a crime in order to legally stop you. (See Fl. Stat.Jun 17, 2016
The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.
How to Fight Drug Possession and Distribution Charges in VirginiaControlled Substances Categorized by Their Severity. ... Fighting Charges for Simple Drug Possession in Virginia. ... Virginia's First Offender Program. ... Request a Drug Court. ... Try to Get the Charges Dismissed. ... Enter a Plea Deal.More items...•Apr 22, 2021
Simple possession is the least serious drug crime in Tennessee. If you have been arrested for simple possession or casual exchange, you could be charged with a Class A misdemeanor, punishable by a maximum jail sentence of one year and/or a fine of up to $2,500.Jul 29, 2021
Simple possession or casual exchange. (a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.
There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control.
For illegal drugs, common offences include:possession (this can include equipment for growing, making or using drugs)use.making (this includes growing)importing.selling or supplying (known as trafficking).Oct 29, 2019
The 6 Classifications of Drugs. When considering only their chemical makeup, there are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens.
Simple possession of marijuana charge applies when the amount you are accused of possessing is small enough to be used by any individual – usually lesser than 0.5 ounces. Virginia code 18.2-248.1:1 also makes it unlawful for you to possess synthetic marijuana.
Virginia Code Section § 18.2-250 assigns possession of a Schedule I or II Controlled Substance as a Class 5 felony which can lead to 2-10 years in prison and/or a fine of up to $2,500. Schedule I Controlled Substances include heroin, cocaine, LSD and methamphetamine.Nov 7, 2018
Drug possession can be a felony crime in Virginia, even for someone with no prior criminal record. The amount and type of substance involved can make a substantial difference in the type of charge and penalty a defendant may face.
Although the laws vary in every state, there are a few general types of possession. 1. Possession of Drug Paraphernalia. If you own equipment that one can use to take illegal drugs, then a police officer can arrest you. This includes anything that allows you to inhale, inject, or hide illegal drugs.
Defending Possession Charges. Although defending possession charges is difficult, it is possible. However, you first need to find a lawyer. As soon as a police officer arrests you, you should contact a lawyer. Without one, you could make a mistake that causes you to spend time in jail.
One of the more common drug crimes is possession . This crime occurs when you have a small amount of an illegal controlled substance on your person. For example, you might have some cocaine or heroin on you. In some states, marijuana is also illegal.
In possession cases, the prosecution needs to prove that the drugs are yours. However, your lawyer may be able to create a doubt that the drugs are yours. For example, the police could find drugs in the car you drove. But the car was a friend’s car and not yours. In this case, the drugs could belong to your friend.
If a police officer finds that you have a large quantity of drugs on you, then he could charge you with possession with intent to distribute. This type of charge often has very strict penalties.
When you have a large amount of drugs in your possession, law enforcement could believe that you are trafficking drugs. This type of charge is even more serious than possession with the intent to distribute. It occurs when the court believes that you sold, transported, or imported illegal controlled substances.
Diversion Programs. In some states, there is a push to offer diversion programs to drug offenders. If you face possession charges, then your lawyer could convince a judge that rehabilitation is the best option. For example, a judge could agree to sentence you to fines and a drug treatment program.