What You're Facing

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Drug charges in Virginia range from misdemeanors to serious felonies with mandatory prison time. Simple possession (§ 18.2-250) of cocaine, heroin, meth, or other schedule I or II controlled substances can result in felony convictions, jail time, and a permanent criminal record. Distribution charges carry years to decades in prison. Possession with intent to distribute (PWID)(§ 18.2-248) carries up to 40 years in prison. And when firearms are involved, mandatory minimums can stack quickly. 5 years for distribution with a gun, another 2-5 years for the gun charge itself if you're a convicted felon.

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Many drug cases are won or lost on pre-trial Fourth Amendment challenges, not at trial. Police conduct illegal traffic stops, search vehicles without probable cause, exceed the scope of consent, conduct improper inventory searches, or use pretextual reasons to search. Evidence can get suppressed in some circumstances, but only if your attorney knows how to challenge the search. Many defense attorneys file boilerplate suppression motions or don't even identify that there is an issue. Having a shot requires detailed legal analysis, knowledge of case law, and the ability to cross-examine officers on the specifics of the search.

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In simple possession cases, even when the evidence is strong, alternatives exist. Virginia's First Offender statute (§ 18.2-251) allows eligible defendants to avoid a conviction entirely - complete a year of probation and drug treatment, and the charge gets dismissed. 

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Our Drug Charge Results​

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CONVICTIONS REVERSED ON APPEAL: 8 Years Mandatory Minimum Overturned

Our client was convicted of cocaine distribution and possessing a firearm while distributing, sentenced to 8 years mandatory minimum. Police stopped him for expired plates, saw an unopened liquor bottle, and searched the vehicle. We argued the warrantless search violated the Fourth Amendment because an unopened bottle doesn't prove the driver consumed alcohol, and the officer observed no signs of intoxication. The trial court denied our motion. We appealed to the Virginia Court of Appeals, which reversed both convictions. Our client was released from prison. [Read Appellate Brief →]

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MOTION TO SUPPRESS GRANTED: Pound of Marijuana Distribution and Possession of Gun 

Our client was charged with distributing over a pound of marijuana and possessing a gun while distributing. Police stopped him for a tinted plate cover, handcuffed him, placed him in the patrol car, and told him they were searching his backpack regardless. Without Miranda warnings, they interrogated him: "Is there anything else in that backpack?" We argued the statement was obtained through custodial interrogation without warnings and couldn't provide probable cause. The officer admitted the search became "a narcotics investigation" after retrieving the gun. Motion granted, charges dismissed. [Read Motion →]

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CHARGES DISMISSED: Cocaine Distribution - Pretextual Stop and Improper Inventory Search

Narcotics detectives surveilled our client for six months, then radioed a patrol officer to find a reason to stop him. After the stop, officers conducted an "inventory search" but immediately abandoned it upon finding drugs and never recorded a single item of property. We argued the stop was pretextual, the impoundment unlawful, and the search had an improper investigatory motive. The officer admitted our client was a person of interest and finding a reason to pull him over was "the entire impetus." Motion granted, charges dismissed. [Read Motion →]

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CHARGES DISMISSED: Felon in Possession of Firearm - Emergency Aid Exception Exceeded

Police found our client unconscious after taking prescription Xanax. After rescue took over treatment, police searched his car and found a firearm and heroin, neither in plain view. We argued that once rescue arrived, the emergency aid exception ended. The search was investigatory and required probable cause police didn't have. Motion granted, charges dismissed. [Read Motion →]

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Common Defenses To Drug Charges

 

Every case is unique, but these are some of the common issues in play:

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• Fourth Amendment violations: Illegal traffic stops, warrantless searches, searches exceeding consent, invalid search warrants, pretextual stops

• Constructive possession: Drugs found in shared spaces (car with multiple occupants, residence with roommates), no evidence linking you to the drugs

• Possession for personal use vs. distribution: Challenging PWID charges by showing drugs were for personal consumption, not sale

• First Offender eligibility: Pursuing dismissal under § 18.2-251 for first-time offenders

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Why Drug Charges Require Trial Experience

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Fourth Amendment law is complex and constantly evolving. Police must have reasonable suspicion for a traffic stop, probable cause for a search, or a valid warrant exception. When they don't, evidence gets suppressed and charges get dismissed. But winning suppression motions requires detailed knowledge of search and seizure law, effective cross-examination of officers, and the ability to write persuasive legal briefs. Traffic stops often begin legally but become illegal when officers exceed their authority. 

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Constructive possession is frequently disputed in drug cases. Just because drugs were near you doesn't mean you possessed them. The prosecution must prove you knew the drugs were there and had the ability to control them. When multiple people have access to a vehicle or residence, this becomes difficult to prove. Distribution vs. personal use is often the critical distinction. Prosecutors charge distribution based on weight alone, but quantity doesn't always prove intent to sell. 

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These complexities and legal nuances are exactly why you need experienced attorneys who have actually won suppression motions and fought these battles in court.

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Facing Drug Charges in Virginia Beach or Hampton Roads?

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Drug convictions mean jail time, prison sentences, and permanent criminal records. Cases can be won through Fourth Amendment challenges, pretrial motions, and constructive possession challenges. When your freedom is on the line, you need attorneys who know how to fight back. Call us at 757-961-3311 or fill out the online form below for a free, confidential consultation. We'll give you an honest assessment of your case and explain your options. Everything you tell us is protected by attorney-client privilege.