Drug Crimes

Virginia Drug Possession Laws – What Are You Facing?

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In Virginia, drug possession charges depend on the type of drug and whether it’s your first offense.

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Classification of Controlled Substances and Penalties

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Schedule I or II Controlled Substances (e.g., heroin, cocaine, methamphetamine, ecstasy, LSD, fentanyl, prescription opioids without a prescription): Class 5 felony, punishable by 1 to 10 years in prison or, at the court's discretion, up to 12 months in jail and a fine of up to $2,500. 

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Schedule III Controlled Substances (e.g., anabolic steroids, codeine, ketamine): Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. 

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Schedule IV Controlled Substances (e.g., Xanax, Valium, Ativan): Class 2 misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000. 

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Schedule V Controlled Substances (e.g., certain cough medicines with codeine): Class 3 misdemeanor, punishable by a fine of up to $500. 

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Schedule VI Controlled Substances (e.g., some inhalants and precursor chemicals): Class 4 misdemeanor, punishable by a fine of up to $250. 

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Even a first-time drug possession conviction can result in a permanent criminal record, loss of job opportunities, and possible immigration consequences for non-citizens.

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How to Fight a Drug Possession Charge in Virginia and D.C.

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Being charged doesn't mean you'll be convicted. There are several defenses available in drug possession cases:

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• Illegal Search and Seizure: If law enforcement conducted a search without proper legal justification, any evidence obtained may be inadmissible in court.
• Lack of Possession: Demonstrating that the drugs were not in your possession or control.
• Lack of Knowledge: Arguing that you were unaware of the presence of the controlled substance.
• Valid Prescription: If you have a valid prescription for the controlled substance in question.

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An experienced attorney can assess your case and develop a strategy tailored to your situation.

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Why You Shouldn’t Handle a Drug Possession Charge Alone

Virginia takes drug possession charges seriously, and prosecutors often seek harsh penalties. Representing yourself or relying solely on a public defender may not provide the comprehensive defense you need. At Palacio Law, PLLC, we offer:

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• Personalized Defense Strategies: Every case is unique; we tailor our approach to your circumstances.
• Direct Access to Your Attorney: Work one-on-one with Edwin Palacio.
• Bilingual Services: Hablamos Español, ensuring clear communication for Spanish-speaking clients.

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One mistake shouldn’t ruin your future. We fight to keep you out of jail and protect your record.

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What’s at Stake?

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Many people underestimate the consequences of a drug possession conviction. Potential repercussions include:

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• A permanent criminal record
• Difficulty securing employment, housing, or loans
• Suspension of your driver’s license
• Increased penalties for future offenses
• Possible deportation for non-citizens

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Don’t Let a Drug Possession Charge Ruin Your Life – Contact Our Legal Team Today

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• Were you unfairly targeted in a police stop? We will investigate whether law enforcement violated your rights.
• Did the drugs belong to someone else? We will challenge the prosecution’s evidence and force them to prove their case.
• Are you eligible for a drug diversion program? We will fight to keep your record clean and get you into a program that avoids jail time.
• Do you need legal guidance in Spanish? Hablamos Español. We make sure you fully understand your rights and your legal options.

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Even if the evidence seems stacked against you, there is almost always a way to fight back. Do not plead guilty without first speaking to an experienced Virginia drug possession lawyer who can protect your rights and your future. Contact Palacio Law, PLLC today for a confidential consultation.