Drug possession and distribution can be either a felony or a misdemeanor. This depends on the drug, the quantity, and other factors.
Often a user gets charged with drug possession with intent to distribute (or PWID), because he or she possesses several individually wrapped packages. Other indicators of distribution are weight, scales, unused plastic baggies, and the absence of a 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.
In certain instances a person charged with a drug offense has a right to a jury, but in Virginia, a jury is not always the wisest choice. Attorney Wegman will discuss all options with you.
If convicted of a drug offense, a defendant's drivers license or privileges are suspended for up to 6 months. 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 has been a hot topic of late because of several people overdosing. Fewer bonds are being granted for heroin users for that reason.
The key to avoiding the criminal justice system is not to use or possess drugs. If you or a loved one has a drug charge call Attorney Wegman at (757) 482-5205