Drug Crimes
Springfield (Fairfax County), Virginia and the federal government have
laws against unlawful use, possession, distribution or production of
certain drugs. These include cocaine, heroin, marijuana and
amphetamines. The laws aim to reduce illegal drug use and cut down on
drug-related crimes. Drug crime allegations in Springfield, Fairfax
County, Virginia are prosecuted vigorously, but the process to obtain
convictions for drug crimes is as tough as the lawyers handling the
defense. The tougher the lawyer, the harder to convict. This is
because the lawyers challenge every aspect of the case: from traffic
stop to the final return of the drugs from the lab. Convictions are
not guaranteed and a fight often leads to cases being dismissed.
There are five categories, or "schedules," of drugs based on their
potential for dependency and abuse as compared with their therapeutic
value. Schedule I controlled substances have the highest potential for
dependency and no accepted medical use. Schedule V drugs have a low
potential for dependency and accepted medical uses.
The most severe penalties for illegal possession, sale or manufacture
of drugs involve those listed in Schedule I. The Attorney General has
the authority to delete, add or reschedule drugs. State schedules
refer to or are based on federal schedules.
Punishment
The punishment for drug crimes in Springfield, Fairfax County Virginia
generally depends on:
- The quantity of the drug
- Its classification under the schedules
- The purpose of possession
The most serious drug crimes are:
- Producing illegal drugs
- Manufacturing drugs
- Selling drugs
Possession of drugs with the intent to distribute them is a serious
crime. Prosecutors can prove your intent to distribute drugs just by
showing the quantity of the drug, without any evidence you actually
distributed the drug.
In most states, possession of drugs for personal use is a serious
crime. But in some states, possession of drugs for personal use is
punished less severely than distribution crimes. For example, in some
states, possession of a small amount of marijuana (less than 50 grams)
is decriminalized or treated as a disorderly person's offense. If
there's a conviction, the punishment is often probation or a fine, and
not prison. However, possessing larger amounts of illegal drugs, even
for personal use, may be a serious crime.
Most minimum sentences range from one year in jail to three years in
prison for first-time offenders. The minimum sentences for repeat
offenders? Three to 12 years in prison.
Enhanced Punishment
Some states have enhanced penalties for drug crimes. These apply if:
- Minors are used to distribute the drugs
- The drugs are delivered or sold to minors
- The drugs are sold or distributed near schools
Enhanced punishments vary by state. You may also be in danger of
"forfeiting" your property if you're convicted of a drug crime. For
example, if your house is used to make and distribute drugs, the
government may be able to seize it.
Professional Drug Dealers
Special laws cover professional drug dealers. A "drug kingpin," or a
person organizing, financing or managing a business to manufacture,
transport or sell drugs, commits a serious crime.
There are special sentences for professional drug dealers. Federal law
even has the death penalty for drug kingpins. Some states impose 25
years in prison without parole for professional drug dealers.
Questions for Your Fairfax Drug Lawyer:
- How many cases have you won?
- Are you a former cop who has done drug busts?
- Did the government prosecutor get the chain of custody right?
- What are Springfield, Fairfax County Virginia drug schedules?
- What are Springfield, Fairfax County Virginia sentencing guidelines and how can you help me to reduce my time?
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