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If you have been arrested or charged with a crime involving a controlled substance, it is important to contact a lawyer immediately. Based on the substance and other circumstances, you might be facing a felony charge that carries significant penalties and potential minimum mandatory jail time if you are convicted. It is imperative that you contact a knowledgable and aggressive attorney immediately to discuss your case in an effort to have your charges reduced and/or dismissed.
What Constitutes "Possession"?
In order to be convicted of possession of a controlled substance, the prosecutor must prove that you were aware of the presence and character of the substance and that you consciously possessed it. So what does this mean? Generally speaking, the prosecutor must show that you knew the "substance in question" was an illegal controlled substance AND that you knew where it was or had some control over the illegal controlled substance.
The law goes even further by providing that the prosecutor cannot prove your guilt by simply proving that the controlled substance was found in your car or in your house. For example, the mere fact that cocaine is found in your house or car is not enough to convict you of possession. The law requires that the prosecutor prove that you knew the type of substance found in your house or car AND that you had some control over it. Typically this evidence will come from statements made by you to the police.
What type of penalty am I looking at?
The following chart outlines the type of penalty a defendant may receive depending on the type of "controlled substance" allegedly found within his/her possession.
What Constitutes "Possession"?
In order to be convicted of possession of a controlled substance, the prosecutor must prove that you were aware of the presence and character of the substance and that you consciously possessed it. So what does this mean? Generally speaking, the prosecutor must show that you knew the "substance in question" was an illegal controlled substance AND that you knew where it was or had some control over the illegal controlled substance.
The law goes even further by providing that the prosecutor cannot prove your guilt by simply proving that the controlled substance was found in your car or in your house. For example, the mere fact that cocaine is found in your house or car is not enough to convict you of possession. The law requires that the prosecutor prove that you knew the type of substance found in your house or car AND that you had some control over it. Typically this evidence will come from statements made by you to the police.
What type of penalty am I looking at?
The following chart outlines the type of penalty a defendant may receive depending on the type of "controlled substance" allegedly found within his/her possession.
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Drug Classification
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Common Examples
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Offense Classification
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Potential Penalties
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Schedule 1
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Ecstasy (MDMA), Heroin, LSD, GHB, and Marijuana (Note that then penalties associated with Marijuana are much less)
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Class 5 Felony
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1 to 10 years in jail and/or a $2,500 fine
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Schedule 2
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Cocaine, PCP, Morphine, Methamphetamine (crystal meth), Methadone, Ritalin and Vicodin
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Class 5 Felony
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1 to 10 years in jail and/or a $2,500 fine
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Schedule 3
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Ketamine ("Special K"), codeine (Lorcet, Dolacet and others) with aspirin or Tylenol and Anabolic steriods
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Class 1 Misdemeanor
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Up to 1 year jail and/or a $2,500 fine
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Schedule 4
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Prescription medications such as Valium (diazepam), Rophypnol, Xanax and other tranquilizers
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Class 2 Misdemeanor
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Up to 6 months in jail and/or a $1,000 fine
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Schedule 5
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Codeine based cough medicines
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Class 3 Misdemeanor
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Up to $500 fine
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Drug charges are serious matters and convictions are pursued aggressively by Virginia prosecutors. You need the same level of experience and tenacity on your side. Attorney Kaveh Noorishad has successfully defended individuals charged with a wide variety of offenses involving drugs such as cocaine, methamphetamines, sleeping medication and prescription drugs. Our firm prides itself on aggressively defending our clients. When your future and your freedom are on the line, contact us for a free consultation.
