Richmond Drug Crime Defense Attorney
If you were arrested or charged with a drug offense in Virginia, the Richmond drug crime defense attorney at Upton Law, PLLC, is ready to defend you against the charges you face.
Law enforcement and prosecutors in Virginia take drug charges seriously, so it’s crucial to hire a serious lawyer to stand up for you. As an experienced criminal defense lawyer, Samantha Upton understands the many challenges of fighting back against these allegations. While it can sometimes be an uphill battle, Upton Law, PLLC, has the experience and resources necessary to handle even the most challenging cases.
Why You Need Legal Representation for Your Richmond Drug Crime Case
You might be tempted to represent yourself in your case due to financial concerns or other issues. Maybe the infraction is just a misdemeanor, and you don’t think you’ll face serious consequences. Unfortunately, many drug offenses come with harsh penalties, including jail time and expensive fines. If you’re not familiar with state laws or how the legal process works, you could end up facing the maximum sentence.
A Richmond drug crimes attorney can build a robust defense on your behalf, so you’re not burdened by investigations, interviews with witnesses, or communicating with the prosecutor.
Attorney Samantha Upton is prepared to handle every aspect of your defense, working for the best possible outcome at every turn. Obtaining evidence is key to defending someone against a drug-related charge. The Richmond drug crime defense lawyer at Upton Law, PLLC, takes a detailed approach in collecting evidence and uses it to effectively fight for the best possible outcome.
Common Types of Drug Crimes in Richmond
The authorities in Richmond take drug offenses seriously. A range of crimes could lead to an arrest and conviction. Some of the most common charges involve:
- Possession of a controlled substance
- Drug possession with intent to manufacture, sell, or distribute
- Illegal prescription drugs
- Sale of narcotics and other illicit drugs
- Trafficking of crack, heroin, cocaine, and other illicit drugs
- Operation of a meth lab/methamphetamine production
- Falsely obtaining or prescribing a controlled substance
- Drug manufacturing
If you face any of these charges or any other drug offense, you should hire a Richmond drug crime attorney to start working on your defense.
Richmond Drug Crime Conviction Penalties
The penalties for drug possession depend on the schedule of the drug, amount, and other contributing factors.
- Schedule I or II controlled substance – Class 5 felony punishable by 1 to 10 years in prison and a maximum fine of $2,500
- Schedule III controlled substance – Class 1 misdemeanor punishable by up to 12 months in jail and a maximum fine of $2,500
- Schedule IV controlled substance – Class 2 misdemeanor punishable by up to six months in jail and a maximum fine of $1,000
- Schedule V controlled substance – Class 3 misdemeanor punishable by up to a $500 fine
- Schedule VI controlled substance – Class 4 misdemeanor punishable by up to a $250 fine
- Marijuana – Adults with more than an ounce of marijuana must pay a $25 fine. In contrast, anyone under the age of 21 with any amount of marijuana must pay that fine and attend a treatment or education program. Adults in possession of more than a pound of marijuana could spend at least one year in prison but no more than 10, and pay a fine of up to $250,000.
If you haven’t been convicted of a prior crime and this is your first drug offense, you could avoid jail time. Instead, the judge may impose probation. You would have to follow all terms, which might include:
- Remain alcohol and drug-free and undergo random testing
- Complete a substance abuse assessment
- Enter a substance abuse program
- Remain employed
- Complete 24 hours of community service for a misdemeanor offense at least 100 hours for a felony offense
Violating any of the terms of your probation could result in additional criminal charges and an immediate jail sentence.
What Types of Defenses May Be Available in a Drug Crime Case?
Depending on the specifics of your case, you could employ various defenses to get the charges dropped or reduced. One of the first steps in creating a convincing defense might be determining if law enforcement violated any of your rights. For example, if the arresting officer performed an illegal search of your home, your lawyer could file a motion to get that evidence dismissed so the prosecutor can’t present it to the jury at trial.
Other common scenarios that could lead to the suppression of evidence include:
- Violation of Miranda rights
- Lack of probable cause for the officer to perform a traffic stop
- Evidence not following the appropriate chain of custody
- Tampering with or destruction of evidence
Another critical part of creating a defense involves undermining the prosecution’s case. Common examples include demonstrating that:
- A witness falsely identified you.
- You possessed a legal drug mistaken for a controlled substance.
- You have an alibi placing you somewhere else at the time of the offense.
- Someone coerced or threatened you to participate in the crime.
- You were never in possession of the drug in question.
- You had no knowledge that you were involved in illegal activity involving a controlled substance.
It’s possible to fight the charges you face. However, you should never try to take on the prosecution alone. You may end up facing the maximum sentence if you don’t have an experienced attorney on your side.
Controlled Substances That Are Frequently Involved in Richmond Drug Crime Cases
The Drug Enforcement Administration classifies controlled substances based on the potential for dependence and abuse. The most commonly used drugs in criminal offenses are:
- Prescription drugs, including Xanax, Oxycodone, Valium, and Vicodin
- Anabolic steroids
- Cough suppressants, such as Robitussin
Contact a Richmond Drug Crimes Defense Attorney Today
If you were arrested or charged with a drug offense, reach out to Upton Law, PLLC today. When you’re facing drug charges, you need someone you can trust in your corner to fight back.
Contact Upton Law, PLLC today for a confidential consultation with an experienced drug charge defense lawyer in Richmond.