drug possession and
distribution can be either a felony or a misdemeanor. Whether it's a felony or misdemeanor depends on the type of drug, the quantity of the drug, and other factors.
Often a user gets charged with drug possession with intent to distribute drugs (or PWID), because he or she possesses several individually wrapped packages of drugs. Other indicators of distribution are weight, scales, unused plastic baggies, and the absence of a drug smoking device.
Attorney Wegman usually hears the Commonwealth's expert testify that seized drugs are inconsistent with personal drug use. This testimony can lead a judge or jury to reach only one conclusion: drugs were possessed with the intent to distribute them.
A drug user may be put on probation that may include drug screens. Occasionally, a judge requires a drug user to complete the Virginia Alcohol Safety Action Plan or (VASAP).
Heroin and Fentanyl have been hot topics because of their toxicity. Many people are overdosing and dying from drugs. Consequently, fewer bonds are being granted for drug possession charges, including heroin and fentanyl for those reasons.
The key to avoiding the criminal justice system is not to use or possess drugs. But of course, being somewhere where drugs are found can often lead to charges even when the person had no idea drugs were there. Remember, it's possession of drugs that results in a charge, not ownership of the drugs.
Drugs do not have to be found on one's person for one to be charged with drug possession. "Possession" of drugs is defined as knowing about the presence and character of the drugs and exercising some form of dominion and control over those drugs.
If you or a loved one has a drug charge or has a drug problem, call Attorney Wegman at
(757) 482-5205. As mentioned in other sections of this website, you never want to admit to anything regardless of how easy the officers say they will go on you. Constructive possession cases are difficult to prove because again, the prosecutor has to prove you knew about the drugs and had some form of control over the drugs. That is precisely why if an officer can get you to admit to knowing about the drugs, their case gets a whole lot easier. The bottom line is, exercise your right to remain silent.
