Fredericksburg Drug Possession Lawyer
In Fredricksburg, the possession of an illegal drug or substance is taken very seriously. Individuals facing this type of criminal charge are also facing the possibility of very harsh penalties if convicted. It is always in the best interest of someone that has been charged with a crime, especially possession, to attain strong legal representation from a drug lawyer immediately after he or she is charged. An experienced Fredericksburg drug possession lawyer will be able to help their client navigate the process of building a defense and mitigating the penalties that they are facing.
Elements of Possession
For someone to be in considered in possession of a drug in Fredricksburg essentially means that they would just need to have that drug on them. Legally, possession can be shown in two ways, which are:
- Actual possession.
- Constructive possession.
Actual possession implies that the drug is on them, i.e. their pants pocket, jacket, etc. Constructive possession is somewhat abstract in that it means that a person may not actually have it in his or her hand, on his or her person, or in his or her pocket, but that he or she exercises dominion and control over the item. That person has knowledge of where and what the item is, and they have the intent to own said item.
A drug possession lawyer in Fredericksburg who is familiar with the jurisdiction in which their client’s case is taking place in will play a crucial role in negotiating the penalties that accompany the possession of a drug. Depending on the facts of a case and the type of possession that an individual demonstrated with regard to an illegal drug that will determine how a drug possession attorney will build their case and defend their client.
Illegal Drugs in Fredericksburg
All schedule drugs are considered illegal to possess. With that in mind, any drug that falls under the Virginia Drug Control Act Schedule I through VI is going to be illegal to possess. This even includes valid prescription drugs, which are illegal to possess without a valid prescription. Also, while marijuana is not a scheduled drug and is considered to be legal in some states, without some form of either a medical card or a prescription, it is considered illegal to possess that drug in Fredricksburg and therefore warrants attention from a Fredericksburg drug possession attorney.
Decriminalization
Generally speaking, decriminalization means taking a scheduled item and either reducing its schedule or changing the possession of it from a crime to an infraction. An infraction is not going to affect criminal history or security clearance, and it is not something a person would necessarily have to report on a job application. In contrast, a criminal conviction could result in any of these things. Virginia has not decriminalized any drugs, unlike Washington, D.C., which has decriminalized marijuana possession.
Marijuana has been decriminalized throughout the nation, including the District of Columbia. Some people mistakenly think this means they can bring marijuana from Washington, D.C. to Virginia. Marijuana possession is still illegal in Virginia, even if it was obtained in a jurisdiction where it has been decriminalized.
There are not any decriminalization laws in Virginia, but there are first-offender programs for people who have been charged with possession of marijuana and other scheduled substances. Normally, possession of marijuana is a Class I misdemeanor, and the maximum penalty is 12 months in jail, a fine of $2,500. On a first offense for marijuana possession, it’s only a fine of $500 and a maximum jail sentence of 30 days.
Local Possession Laws
Possession is taken very seriously in the city of Fredricksburg, and the state of Virginia as a whole. One of the main reasons why it is taken very seriously is because of the actions that stem the act of possessing drugs, which is possession with intent to distribute. The distribution of drugs are taken very seriously, thus possession in itself is seen as a problem that the Virginia legal system works diligently to control. A person will be prosecuted to the fullest extent of the law if he or she is found to possess a scheduled drug.
It is crucial that citizens of Fredricksburg understand that a person will be prosecuted to the fullest extent of the law if he or she is found to possess a scheduled drug. Ultimately, the lower the schedule, the more seriously the case is taken; marijuana is taken very seriously. Schedule I, II, and Schedule III drugs are also taken very seriously as well. While Schedule IV through VI are taken just as seriously, you do not see it too often due to the lack of abusive qualities of those substances.
It is important that an individual who has been charged with the possession of drugs gets in contact with a Fredericksburg drug possession lawyer as soon as possible. The charges they face are serious and they will need someone who has a strong understanding of Virginia laws and is familiar with defending cases similar to that of their own in order to protect their constitutional rights.
