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Hyatt Legal Plans
Brook M Thibault, Ranked on a 2017 Top DWI Attorneys List
 Solving problems. Providing answers.
Let us handle the stress of your legal issue.
757-226-7680
Serving the Seven Cities, Hampton Roads, and Tidewater areas

Criminal & Drug

Accused of a Criminal Act Or A Drug Crime? Get Professional Legal Counsel!

Defend Yourself Against Criminal And Drug Charges

If you've committed a crime or drug-related crime, your offense is likely to be listed under Title 18.2 of the Code of Virginia - Crimes and Offenses Generally. These include typical crimes such as assault and battery, larceny (petit and grand larceny), fraud, and other offenses against people and property.

The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. can help you determine the best course of action for tackling criminal allegations! Count on our years of legal experience and daily courtroom experience!

Dealing With Drug Possession Charges

Drug possession statutes fall under the same set of law in Virginia. Generally, possession of drugs without a prescription is unlawful based on other Virginia laws, according to the Virginia Code Section 18.2-250 Titled: Possession of Controlled Substances Unlawful

As with the Federal Government, Virginia has categorized each drug within a "Statutory Schedule." Some drugs that you'll face charges for possession of include marijuana, cocaine, crystal meth, heroin, hydrocodone, oxycontin, and other "painkillers."

Learn How "Possession" Is Legally Defined

There are two types of possession in Virginia: actual possession and constructive possession. Actual possession is direct control over the drug, as if it were found in your pocket. Constructive possession can be a bit more difficult to prove. In order for you to be found guilty of constructively possessing a drug, the Commonwealth of Virginia must show that you had “dominion and control” over the drug, and that you knew the “nature and character of the drug.” This means that if drugs are found in your car, or in a car you happen to be riding in, it does not necessarily mean you ‘possessed’ the drug. 

In addition, before the drug is even found, the Commonwealth must show that they had a valid reason to search you or your car or house to begin with. Often, police search a person or a vehicle in violation of his or her 4th Amendment Right Against Illegal Search and Seizures. If this is the case, any evidence collected (marijuana, cocaine, etc.) may be suppressed by the court at trial, usually resulting in a dismissal of the charge.
Gavel in the courtroom

Key Parts Of Your Criminal Or Drug Case

While speaking with an attorney early on in the process is important, equally important is to NOT speak with the police. Along with your 4th Amendment Right Against Illegal Search and Seizure, you also have the right to remain SILENT! Certainly be polite and respectful, but also be as quiet as you can. 

A conviction for possession may make you eligible for "first offender" status, whereby the charge can be dismissed after a period of time and after certain conditions, such as community service, drug classes, and a payment of fines are met. Contact our attorney today for more information!
Attorney Brook M. Thibault Attained An "Excellent" Rating From Avvo.com!
Stop by The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. today to request a FREE consultation regarding your criminal or drug case!

 4176 South Plaza Trail Suite #127
Virginia Beach, VA 23452
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