by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession of Marijuana Options Now that marijuana has been legalized in several states across the United States, will I get in trouble if I’m found with the substance in Virginia? Read more by clicking here. Marijuana use in Virginia – is it legal, or no? The topic has been subject to heated debates throughout the nation, but here’s what visitors and residents need to know about the legality of marijuana possession in the state: The law outlines that marijuana possession is legal when there has been a valid prescription issued by a certified doctor. Some of the top ailments considered for medical marijuana use are cancer and glaucoma. Doctors and pharmacists too, are exempted from prosecution for the sales or distribution of medical marijuana when it’ prescribed for the purposes of cancer or glaucoma in the state of Virginia. Virginia Criminalizes Possession of Marijuana Nevertheless, it is illegal to possess marijuana for non-medical uses, and serious penalties may arise if found guilty. The typical sentencing includes a fine of $500 for the possession of less than half-ounce of marijuana; and/or up to 30 days’ imprisonment. Second-time offenders found in possession of less than half-ounce of marijuana face up to $2,500 in fines, and or up to one-year imprisonment. Other Penalties The laws furthermore outline that if a person is found in possession of more than ½ oz. of marijuana, but no more than 5lbs., this is considered to be a Class 5 Felony. Any possession exceeding 5 lbs. is a felony punishable by 5-30 years imprisonment. However, many of these penalties will be substantially reduced once you actually go...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Is Community Service An Option For Drug Charges In Fairfax County? One common question that drug offenders have is if there any alternatives to jail time. The answer to this question rests upon the circumstances of the case. According to Virginia laws, first time and non-violent drug offenders may be eligible for community service and/or probation as an alternative to jail. The stipulations furthermore outline the following: Payments – offenders will be responsible for the cost of drug tests, assessments and overall treatments. Education – offenders must fully complete the courses outlined in the drug treatment program. A validation is typically issued by the treatment center. Employment – a fair effort must be maintained on the defendant’s part to be gainfully employed. Community Service – 24 hours must be completed for misdemeanor convictions, while felony offenses require 100 hours of community service. Failure to abide by these terms will usually result in a finding of guilt. Common Types of Drug Charges in Fairfax Fairfax County is a popular place for drug-related arrests. Nevertheless, an arrest doesn’t have to lead to a conviction. Common charges include simple possession of marijuana, possession of drug paraphernalia, as well as sales and distribution of narcotics, which is more serious than simple possession alone. Sentencing or charges are usually determined by two factors in drug and bust cases: The Type of Drugs – each drug will have different schedules outlined by the United States Controlled Substances Act. The schedule is based on the level of addictiveness and abuse. Common examples of illegal drug use and possession include cocaine, heroin and opioids. Marijuana possession is...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges, Possession of Marijuana
How to Get Fast Defense When You’ve Been Wrongly Accused of Drug Possession Many people are wrongly accused of drug possession. So how can you fight charges, when you were found with drugs in-person and are innocent? Here are some top tips for getting the fastest defense: Exercise Your Right to Remain Silent – whatever you say can be used against you. It’s never advisable to talk to the police alone. Hire an Attorney – your legal counselor will advise you on the best course to take after your arrest, and also investigate the so-called evidence to clear your name. Get a Court Date – have your day in court by not pleading guilty and proving your innocence. What Is Drug Possession? This happens when someone is found in possession, or has control of illegal substances like heroin, marijuana, cocaine and other drugs.Penalties vary based on the quantity and the type of drugs you were found with. Top Defenses for Drug Possession Holding narcotics on-hand may seem blatantly obvious that you’re a drug pusher or user, but everything isn’t always what it seems. Here are some of the top defenses. You Were Setup – did someone plant the illegal substance in you clothing, travel luggage, or some other area you owned or controlled? Drugs Belonged to Someone Else – supposing a friend accidentally left an illegal substance in your car? If you happen to get pulled over by law enforcement, how can you prove innocence? The best answer is to seek legal representation. Police Entrapment – were you coerced by law enforcement to be a part of an...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges, Possession of Marijuana
Do I Need a Lawyer for My First Offense Marijuana Charge in Fairfax County? As a practicing drug lawyer in Fairfax County, I get a lot of calls from people who have been caught with marijuana. They often have no previous records and aren’t sure how to proceed. They don’t even know whether or not they need an attorney. Like most of my clients, these are typically good, hard-working people who were caught with small levels of marijuana for personal use. They are concerned about what will happen in court, but they also realize that marijuana is legal a lot of places in the United States and is only a civil fine just a few miles up the street in the District of Columbia. They obviously don’t want to get taken advantage of in court, but they also don’t want to pay for a lawyer if they don’t need one. Unfortunately, there is no simple answer on whether you should hire a lawyer or not for a first time marijuana charge. The decision will largely hinge on whether the individual would be comfortable with the 251 program. And to understand that you need to understand the way Possession of Marijuana cases are handled in Fairfax. ( All cases start in courtroom 2J) POSSESSION OF MARIJUANA PROCESS IN FAIRFAX RUNNING OF PRIOR RECORDS – before court your record will be run to see if you are eligible for the program. Anyone who has no drug charges on their record will be eligible. DECISION TO BE INTERVIEWED – early at the start of court, the judge will call everyone who is...
by admin | Feb 21, 2014 | Drug Charges
A resident of Clifton, Virginia was arrested in Jefferson County Texas after police found nearly $250,000 worth of heroin in his car. Police had initially just stopped the car for a minor traffic violation. During routine conversation with the police officer, the suspect said that he was only in Texas for a brief time and that he had visited an elderly friend in the hospital. The suspect said he was heading back to Virginia after the visit. When asked what hospital his friend was in, the man said “Texas Childrens.” Police obviously thought that was an answer only a truly scared person would make. They then asked for permission to search his car, which the driver granted. Upon searching, the police found three kilos worth...
by admin | Feb 18, 2014 | Drug Charges
In November of last year, Federal drug agents raided multiple drug dispensaries and legal grow operations. This came even after the state legalized the use of marijuana for recreational purposes. Agents suspected that cartels were using the front of legitimate businesses to make money illegally. The agents told the local news that the raids were part of an investigation into alleged Columbian cartel members operating in Colorado. A major issue is that while Marijuana is legal in Colorado, it is still illegal in the vast majority of other states. This presents Cartels with an excellent opportunity to operate inside the United States with protection from police and then send their crops to states where the drug remains illegal. Any cartel activity in Colorado can be a problem for law enforcement in other...
