How Can You Defend Against a Drug Possession Charge in Virginia?

If you have been charged with drug possession in Virginia, you may have various options for seeking to avoid a conviction. That said, your options depend on the specific circumstances of your case, including your prior record (if any). An experienced Prince William County criminal defense attorney can assess your options and help protect you using every available means.

In Virginia, drug possession charges can range from Class 4 misdemeanors to Class 5 felonies depending on the specific drug involved. However, since prosecutors can pursue Class 5 felony charges in cases involving Schedule I and II drugs, felony charges will be on the table in most cases.

If you are facing a drug possession charge in Virginia, you need to be prepared to protect yourself by all means available.

Whether you are facing a misdemeanor or a felony, a conviction can have serious, long-term consequences in many areas of your life. Not only could you be facing fines and jail (or prison) time, but having a drug possession conviction on your record could negatively impact your life for years to come. To reduce your risk of unnecessary consequences, contact an experienced Prince William County criminal defense attorney as soon as possible.

What Are Some Potential Defenses to Drug Possession Charges in Virginia?

Once you hire an experienced criminal defense attorney, your attorney can assess your options for defending against your drug possession charge. Depending on the circumstances of your case, some examples of potential defenses include:  

• You Did Not “Possess” a Controlled Substance – Prosecutors must be able to prove that you were in possession of a controlled substance. Having drugs in your home, vehicle, or personal belongings does not necessarily mean you are in possession under Virginia law.
• You Were Not “Knowingly or Intentionally” in Possession – Prosecutors must also be able to prove that you were “knowingly or intentionally” in possession of the drugs at issue. If prosecutors cannot prove that you knew the drugs were there, this could be enough to avoid a conviction.
• You Have a Valid Prescription – If the police arrested you because they didn’t believe you had a valid prescription, showing that you have a valid prescription could be all it takes to avoid a conviction for illegal drug possession.
• The Police Violated Your Constitutional Rights – The police must respect your constitutional rights when conducting stops, searches, and seizures. If the police violated your constitutional rights, the evidence against you could be inadmissible in court.
• Prosecutors Can’t Meet Their Burden of Proof – Even if the prosecution’s evidence is admissible, prosecutors still need to meet their burden of proof. If prosecutors cannot prove your guilt beyond a reasonable doubt, you are entitled to have your drug possession charge dismissed.  

Again, these are just examples. From chain-of-custody issues to questions about the prosecution’s ability to prove the substance in your possession was a controlled substance, an experienced criminal defense attorney may also be able to assert other defenses on your behalf.

What if You Don’t Have a Strong Defense to Your Drug Possession Charge?

But what if you don’t have a strong defense to your drug possession charge? What if you were in possession of an illegal drug and prosecutors have the evidence they need to prove it?

Even in this scenario, you still have options. As a result, you should not simply plead guilty. Instead, you should consult with an experienced Prince William County criminal defense attorney to assess the viability of pursuing options such as:

• Enrolling in a First Offender Program – If this is your first offense, you may be eligible to enroll in a first offender program. If you complete the program successfully, your drug possession charge will be dismissed.
• Participating in Adult Recovery Court (ARC) – Adult Recovery Court (ARC) is an option for Prince William County residents who are struggling with substance use disorders. Participating in ARC involves completing a five-phase program, after which your charge will be either reduced or dismissed.
• Negotiating a Plea Bargain – If you don’t have a viable option to avoid consequences entirely, it may be in your best interests to pursue a plea bargain. If a plea bargain makes sense in your case, your criminal defense attorney can negotiate on your behalf.

These are just examples. To ensure you have the opportunity to consider all options on the table in your case, consult an experienced Prince William County criminal defense attorney promptly.

FAQs: Defending Against a Drug Possession Charge in Prince William County

What happens if I plead guilty to drug possession in Prince William County?

If you plead guilty to a drug possession charge in Prince William County, you will be convicted. The judge will then sentence you under Virginia law.

How do I enroll in a first offender program or Adult Recovery Court (ARC)?

Virginia has different procedures for enrolling in its first-offender programs and Prince William County’s Adult Recovery Court (ARC). If enrolling in one of these programs is your best option, your attorney can guide you through the process.

Is it worth hiring a criminal defense attorney for a drug possession case in Prince William County?

Yes, if you have been charged with drug possession in Prince William County, it is well worth hiring an experienced criminal defense attorney to represent you. As discussed above, you could be facing a Class 5 felony, and you need to make informed decisions based on the specific facts of your case.

How Stevens Caruso Can Help

If you are facing a drug possession charge in Northern Virginia, we can help you evaluate your options and make informed decisions about your next steps. We can also represent you in court or negotiate a plea deal with the prosecutor’s office, as warranted. Our attorneys have decades of experience securing favorable outcomes for our clients, and we can use this experience to help you regardless of the facts of your case.

Discuss Your Case with a Prince William County Criminal Defense Attorney for Free

To discuss your case in confidence with an experienced Prince William County criminal defense attorney, contact us today. Call 703-897-1777 or request a free consultation online now.