Richmond Drug Possession Attorney
Fighting for Your Rights & Freedom During a Drug Crime Charge
If you have been arrested and charged with drug possession in Richmond, it is essential that you not only know the laws, but have a strong defender there to protect you. Law enforcement in the area does not look kindly upon those who use illegal drugs, and when an individual is illegally found with drugs such as the following, the full force of the legal system will immediately come down upon you:
- Prescription drugs
In drug crime cases, it is crucial that you contact a Richmond criminal defense attorney to protect you. You may be facing jail or prison time if convicted of drug possession.
The most effective method of attacking a drug charge is to suppress illegally obtained evidence. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
If the police violated your constitutional rights, Vaughan Jones will make sure the court throws out the illegally obtained evidence and dismisses your case.
If you are facing charges, contact us for a consultation - available 24/7!
How Do I Protect My Rights?
Need a lawyer for drug possession in Richmond? Drug possession charges and penalties vary depending on the type of drug and the amount found in your possession. If the prosecutor determines that you had the intent to distribute or traffic the illegal substance, you are facing possible time in state prison.
Any drug possession charge is serious in Virginia, and it is crucial that you have a skilled criminal defense lawyer on your side. There are many types of defenses that may be possible, and it is critical that you contact Vaughan C. Jones, Attorney at Law as soon after your arrest as is possible.
Being arrested for drug possession was probably a frightening experience, but the nightmare has only begun. Once you enter the unforgiving criminal justice system, you need to have a skilled criminal defense lawyer fighting for you. From the moment of your arrest for the charge, it is crucial that you get legal representation. Do not answer questions from law enforcement without first discussing your case with a criminal defense lawyer from Vaughan C. Jones, Attorney at Law.
Possible Defenses for Possession Charges
Whether you were accused of possessing illegal drugs for personal use or possession with intent to sell, a Richmond drug crimes attorney from the firm will be able to determine which legal defense strategy to implement in your case. Many people believe that if you are caught will illegal drugs, you are as good as guilty.
The truth is, that drug crimes are not impossible to beat, in fact there are several viable defense tactics that you should be aware of. Some defense strategies bring the testimony or evidence into question, while others deny your knowledge of the drugs or your intent to sell them.
Here is a closer look at the possible drug possession defenses that you may be able to utilize in your case:
- Illegal Search and Seizure - According to the U.S. Constitution, the Fourth Amendment clearly states that all searches and seizure procedures must be lawful when taking a suspect into custody. This type of defense is based on whether or not the arrest officers followed protocol procedures. Law enforcement officials are not given the clearance to start searching your trunk or glove box without your consent or without a warrant. However, if the illegal drugs or paraphernalia are in plain sight, then law enforcement officers may be able to seize it and use it as evidence in your case. If a police officer was to break into a vehicle and search the glove box, or jimmy a trunk with a crowbar, then any evidence that they find may not be admissible as evidence in court.
- They Did Not Have a Legal Reason To Stop My Vehicle - If law enforcement does not have a valid reason to stop your vehicle, then detaining you could be considered unconstitutional. This is also true if you were just walking down the street when they stopped you. Speak with your criminal defense attorney to find out if they had a constitutional reason to stop or detain you.
- The Drugs Do Not Belong to Me - This is a common defense in drug cases. The basis of this defense is that the drugs were present but you had no part in it because they belong to someone else. If law enforcement officials find a marijuana joint in your vehicle, who is to say that it didn't belong to one of the three passengers in the vehicle. In this case, it would be the prosecution's job to prove that the joint belonged to you specifically.
- The Drugs in Question Cannot Be Found - Typically in drug crime cases, the controlled substances that are seized are passed through a chain of command before they end up in the evidence locker. If for some reason the drugs go missing and the prosecution is not able to have the illegal drugs present as physical evidence, then the case may end up being dismissed. Just because drugs were seen at the time of arrest, does not mean that you should assume those drugs still exist.
- The Drugs Were Planted By an Officer - This defense is not used often because it is hard for law enforcement to believe that another officer would purposefully plant the drugs to justify an arrest. The personal testimony of a police officer holds a lot of weight to the judge. However, if you are able to get it approved by the court, you may be able to file a motion and formal complaint about that specific officer.
- I Was a Victim of Entrapment - In some cases, law enforcement conducts sting operations where they place an informant in the mix that encourages the suspect to give illegal drugs to a third party. In these cases, the drugs are often provided by the state. This type of scenario could be described as entrapment.
- It is Medical Marijuana - If you were found in possession of marijuana, then in some cases you can use the defense stating that it is used for medicinal purposes. However, this defense only works if you live in a state where medical marijuana is legal. In order for this defense to work, you must be able to prove to the court that you have a medical condition that requires the aid of medical marijuana. This typically required a valid doctor's prescription as evidence.
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