Consequences of Possessing Cocaine under Virginia Law

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 victim of a sting operation, in which you were pressured into holding drugs? This is one of the top defenses for drug possession.

About Cocaine

The United States Controlled Substances Act, along with Virginia laws classify cocaine as a Schedule II drug. This essentially means that there’s a big possibility of addiction and abuse. Users can furthermore become codependent on the drug both physically and psychologically. Cocaine is also used medically to a certain extent.

Other names for cocaine include snow, blow, crack or coke.

The Timeline of Cocaine

Cocaine has been around for centuries. It’s sourced from coco, and it’s predominantly known to have the biggest effect on the central nervous system of patients. Before cocaine was outlawed in 1922, it was used recreationally by many. Ten years earlier in 1912, at least 5000 deaths were reported as a result of cocaine use.

Today, addicts abuse cocaine through snorting, smoking or injecting the substance. In medicine, cocaine is used as a numbing agent.

When it comes to drug possession, what other types of narcotics are included in Virginia?

Answer: If you’re found in possession of non-medical marijuana, heroin, codeine, hydrocodone and other narcotics listed on the controlled substances act, you will likely be arrested and charged for drug possession. When quantities are excessive, defendants can also be charged with the sales and distribution of drugs, which carries much higher penalties. Alternative sentencing options like a drug treatment program is usually limited to first-time simple possession alone.

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