Administration of a Richmond Drug Charge

Once someone is arrested for a drug offense, the next step is the administration of a Richmond drug charge. While the process of administering a drug charge might seem simple there are many steps and many individuals that are involved. If an individual has been charged with a drug offense, a skilled drug attorney could help them navigate the trial process and could build a solid defense for them.

Process of Being Charged With a Drug Offense

When someone is arrested, the first person who determines what someone is going to be charged with is the officer who arrests them. They are going to take out the charge, take their own inventory of what the situation is, and charge the person accordingly. The next stage is the magistrate. Once the officer takes what they believe to be the evidence to the magistrate, the magistrate will let the officer know whether they have enough information to move forward with the administration of a Richmond drug charge.

After the magistrate has made that determination, the case goes to the Commonwealth attorney. The Commonwealth attorney will analyze the case and decide what kind of drug offense the individual should be charged with. Following that, the case goes to either the judge or the jury. They are the ones who ultimately decide whether a person is guilty or not.

Appearance of Drug Charges on a Person’s Record

In Virginia, the moment someone is arrested or charged with something and there is probable cause to charge them, their record is going to reflect that charge. It will not say that the person is guilty and it will not record a conviction, but it will state that they have been charged.

Their record will state what the nature of the charge is, whether it is a possession of marijuana, distribution of methamphetamines, or whatever the case may be.The record will state that the person currently has a pending charge over their head and it will read that way until something happens with their case, like whether the case is dismissed, they are convicted, or the Commonwealth withdraws the charge and null prossed or null processed, which means that the prosecution will not move forward with the case.

How Long Does a Charge Stay on Someone’s Record?

Following the administration of a Richmond drug charge, the charge will stay on someone’s record until the case is finalized. At that point, depending on what happens, the case against the person will change in the system to reflect what happened with their case.

If the case is something that is an expungable offense, meaning that they can have it removed from their record because it was dismissed or whatever the case may be, they have to file a motion with the court to have the case expunged from their record. If the offense is not expungable then the offense may remain on their record and could come up in background checks. If an individual has been charged with a drug offense, they should reach out to an experienced drug attorney that could attempt to mitigate the severity of the penalties and advocate for them.