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!
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.
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!
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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
About The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C.
Searching for an attorney who'll vigorously represent your rights and fight to guide your case towards the best outcome? Then turn to The Coastal Virginia Law Firm of Brook M. Thibault & Associates, P.C. and enlist an attorney with years of experience!