by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is the Difference Between a Drug Possession and Distribution Charge? The gap between drug possession charges and drug distribution charges in Virginia is a mile wide. They have different proof requirements and punishments. There is also an option to avoid jail time available to drug possession charges but not available to distribution charges. What Do the Police Have to Prove for Each Offense? Drug possession charges are easier to prove then distribution charges but usually lead to a lighter sentence. To prove a possession charge, the Commonwealth’s Attorney must show that you knowing or intentionally had control over an illegal substance. Having control over the substance extends beyond simply having the substance on your person. Control can be found where the defendant has access to the substance, for example when it is being kept in the glove compartment of a vehicle. As well, the police need to show that the defendant either knew what the substance was or disregarded a substantial risk that the stuff was an illegal drug. However, the defendant must also have known that drugs were present. By way of example, a defendant who borrows a friend’s car without knowing its contents may not be responsible. To prove a drug distribution charge, the police must be able convince a jury or judge that the defendant either manufactured or possessed drugs with the intent to sell them. This can be very difficult for the police to accomplish in some cases because it involves determining what’s going on in the defendant’s mind. The police will often need to do so through circumstantial evidence, such as the quantity...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is Prescription Drug Fraud? The abuse of prescription drugs is becoming more and moreprevalent. Prescription drug addiction can happen accidentally, for example when someone is legitimately prescribed drugs for pain and reacts adversely to them. However, prescription drugs also have high street values and are attractive targets for those looking to make profits illicitly. In any case, prescription drug abuse is a tricky area of the lawbecause the drugs are often obtained from a legal source through illegal methods.Virginia law approaches prescription drug fraud under Virginia Statute 18.2-258.1. The statute makes it illegal to engage in a wide variety of activity aimed at obtaining illegal prescriptions. What are the Specifics of the Prescription Fraud? A couple of key components of the prescription fraud statute are worth mentioning.Prescription drugs are commonly illegally gotten through the use of a doctor’s prescription pad. Defendants sometimes steal a prescription pad directly from a doctor or copy of a prescription that was legitimately made. Defendants may even create entirely fraudulent prescriptions. The statute prohibits forgery or alteration of prescriptions and all of the above methods of getting prescription drugs are illegal under the statute. As well, providing mislead facts in order to obtain medication is unlawful. A defendant can be charged under the statute for merely hiding information that is considered “material” to the prescription. Material information is basically that which would be necessary in order for a doctor or other authorized prescriber to make a decision reasonably grounded in fact. However, the statute specifically states that giving a false name or address is covered. At the end of the day, Virginia has...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is Possession with Intent to Distribute? How Do the Fairfax County Police Investigate Such Cases? And What Happens in Court? Possession with Intent to Distribute is a category of drug crime. It can either be a misdemeanor or a felony depending on the drug involved and the quantity alleged. Possession with Intent to Distribute Marijuana (18.2-248.1) Possession with Intent to Distribute Marijuana is a Class 1 Misdemeanor meaning it can be punished by up to 12 months in jail and a fine of up to $2500. However, if the amount of marijuana in question is more than ½ of an ounce, the charge is a Felony. Quantities between ½ ounce and 5 pounds are a class 5 felony (punishment from no jail time up to 10 years) and quantities of more than 5 pounds can be punished by between 5 and 30 years in prison. Under the law any intent to give or distribute weed can be charged under the statute. That means that it doesn’t necessarily have to be for sale. You can be charged with PWID even if you were just planning on sharing with friends. However, if you were just planning to share and not make a profit there are significant defenses available and a reduction of the charge is very possible. Essentially the law makes a distinction between marijuana that was for personal use and marijuana that was planned to be used by others. Possession with Intent to Distribute Schedule I or II Drugs (18.2-248) It is illegal to manufacture, give, distribute, sell or give any drug classified as Schedule I or II narcotic. ...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
The Top Consequences of Possessing Cocaine in Fairfax County What are you facing if you’re found in possession of cocaine in Fairfax, County, Virginia? Read more here. Possession of cocaine is considered to be a felony offense, and the penalties consist of up to ten years imprisonment, and up to $2500 in fines. However, offenders rarely see jail time in actuality. Unless you have a particularly bad record, probation without incarceration is likely. Additionally, if you have never been arrested for a drug charge before you will be eligible for first offender disposition. Under a first offender disposition, you are required to complete probation for either 12 or 24 months, drug awareness classes, pay court costs and also have your driver’s license suspended for 6 months. If you successfully complete all these requirements and stay out of further legal trouble, your case will be dismissed at the end. Additionally, the way the program is set up you avoid a conviction. While there will be a blemish on your record if you are applying for school or a job, you can check “no” to the question have you ever been convicted of crime. Defenses The top defenses to fight a cocaine possession charge in Fairfax County include: Defendant Was Unaware – the cocaine did not belong to you, and you were not aware of its existence. In other words, you were setup. Illegal Search and Seizure – some jurisdictions require that a court issued search warrant is in effect before a search and seizure is performed. Otherwise, the evidence is usually dismissed in court. Police Entrapment – were you the...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession with the Intent to Distribute (or PWID) Cocaine Drug charges are serious offenses in Virginia. One drug offense heavily pursued and prosecuted in Fairfax County Virginia is possession with the intent to distribute cocaine, sometimes known as PWID cocaine. Selling or even just having while intending to sell cocaine is criminalized under Virginia statute 18.2-248. Critically, the PWID statute also illegalizes the manufacturing, possession with the intent manufacture and even the gifting of cocaine. This means that a person can be charged with PWID for giving or even intending to give cocaine to another for free. Punishment for a PWID cocaine conviction varies in Virginia depending on the number of prior offenses and the amount of cocaine involved. A first time conviction carries a sentence of between five and forty years and a fine of up to $500,000. Upon a second conviction, the sentence runs from five years to life, carries a fine up to $500,000 and imposes a three year mandatory minimum sentence. The sentence for the third-offense is essentially the same as that for a second offense, except it carries a mandatory minimum of 10 years. In some circumstances, a PWID involving more than 500 grams of cocaine can also result in a mandatory minimum of 5 years. PWID involving a kilogram or more of cocaine carries a mandatory minimum of twenty years. What is Required to Prove PWID? The good news is that Virginia actually has a relatively high bar of proof when it comes to PWID cocaine. Like with a drug possession case, the Commonwealth’s Attorney must convince a jury beyond a reasonable doubt...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession with Intent to Distribute Marijuana Possession with Intent to Distribute (or PWID) marijuana is an unusual charge in that it can cover a lot of different types of behaviors. The law distinguishes between felony and misdemeanor cases based upon the quantity of marijuana involved. Anything below a ½ ounce is categorized as a misdemeanor. Anything above is classified as a Felony. There are also enhanced penalties when the amount in question is 5 pounds or more. However, just having a quantity over ½ ounce isn’t enough to automatically establish that a person is guilty of a felony, or guilty of intent to distribute at all. There needs to be other evidence of a person’s intent. Even the way the marijuana is packaged is only a factor that can be used to determine guilt. There are a number of cases that say that even if the weed is in several separate baggies there must be some evidence that the Defendant was planning to sell in that manner. This is because the law has said that it is just as likely that the person chose to purchase a number of individually wrapped baggies. Even having a scale is only a contributing factor, as it can also be argued that the arrested party was using the sale to purchase and not to buy. So how then are these cases usually proven? The overwhelming majority of the time it is based on people telling on themselves. As you have seen several times before, frequently unprovable cases become provable when you admit to committing a crime. So if a suspect does the right...
