703-926-3900 Former Police Officers & Prosecutors
Federal US Attorneys in the U.S. District Court in Alexandria and Commonwealth of Virginia Prosecutors in Fairfax and Arlington County are tough on Drug Crimes.
Virginia drug crimes include Simple Possession of CDS (controlled dangerous substances) "drugs"under Virginia Code 18.2-250 and 18.2-250.1 and more complex categories of drug crimes such as Conspiracy under Virginia Code 18.2-256 and Possession with Intent to Distribute various drugs.
• Possession of Marijuana (Va. Code 18.2-250.1) - Possession of marijuana for personal consumption in Virginia is a class 1 misdemeanor. A first offense is punishable by up to 30 days in jail, a fine, and a mandatory 6 month loss of driving privileges. In the case of 2nd offenses, the potential jail sentence is one year.
• Possession of Cocaine, Crack, Heroin, PCP, Methamphetamine ("Meth"), Cathinone ("Khat"), Ecstasy (MDA or MDMA), LSD, Psilocybin (mushrooms), certain prescription drugs (methadone, Ritalin, morphine, etc.) (Va. Code 18.2-250) - These drugs are all controlled substances that have been classified as Schedule I or II drugs under the Drug Control Act. Possession of a Schedule I or II drug is a Class 5 felony offenses which are punishable by up to 10 years in prison, a $2,500 fine and a mandatory 6 month license suspension.
• Possession of Anabolic Steroids and certain prescription drugs (Xanax, Valium, Percocet/Oxycodone, Codein,Codeine, etc.) (Va. Code 18.2-250) - Possession of anabolic steroids and certain prescription drugs is a misdemeanor. Depending on whether the specific drug is a Schedule III, Schedule IV, or Schedule V drug, the penalty varies from a maximum of 12 months in jail and a $2,500 fine for a Schedule III drug to just a maximum fine of $250 (no jail) for a Schedule V drug. There is a 6 month mandatory loss of license associated with these drugs.
• Possession of Drug Paraphernalia Simple possession of drug paraphernalia, except for those items where a prescription is necessary to obtain them (e.g. needles) is not illegal in Virginia. However, police and prosecutors will pursue residue cases in situations where drug paraphernalia is the only contraband uncovered in an investigation. Residue cases are made by testing the smoking device or other paraphernalia for the presence of the narcotic. Police and prosecutors will then proceed on a possession case for the substance identified.
Sale/Distribute Drug Paraphernalia AND Possession of Controlled Drug Paraphernalia (Va. Code 18.2-265.3 & 54.1-3466) - These are Virginia's only drug paraphernalia laws. They ARE NOT simple possession and are punishable by up to 12 months in jail and a fine of up to $2,500 dollars. Unlike a drug conviction, there is no 6 month license suspension associated with this crime. PERSONS ARE WARNED ABOUT THIS SECTION AS CITIZENS UNKNOWINGLY PLEAD TO THIS CODE SECTION FROM SIMPLE POSSESSION OF MARIJUANA. REMEMBER, THIS CODE SECTION REFERS TO SELLING/DISTRIBUTING PARAPHERNALIA OR PARAPHERNALIA ASSOCIATED WITH CRACK, HEROIN, AND OTHER SERIOUS DRUGS.
If you are charged with a Virginia drug crime, the most important advice is to remain silent during all questioning - indeed, the government's best evidence is your confession and your statements made willingly to the police officer's questions. All police officers know that a charge may not lead to a conviction, but most defendants don't know this fact or forget it in the frightful moments following an arrest. In the following video, Attorney Bose explains the Right to Silence.
What is Possession With Intent to Distribute (PWID)?
Possession with Intent to Distribute (PWID) Marijuana, Cocaine, Crack, Heroin, PCP, Methamphetamine ("Meth"), Cathinone ("Khat"), Ecstasy (MDA or MDMA), LSD, Psilocybin (mushrooms), or another controlled substance under sections 18.2-248, 18.2-248.1, 18.2-248.03, or another section of the Virginia Code signify a more serious form of drug offense than Simple Possession. For PWID marijuana, the penalty can be 20-30 years in prison. For other drugs, the penalties can include life sentences. Determinitive factors include weight, earnings, nature of the business, and persons affected.
Attorney Bose is a former police officer who has testified in Federal Court in Alexandria on Proper Police Procedure. He is trained in all aspects of drug seizure, arrests, evidence, and criminal investigations. He uses his expertise and knowledge of police protocols to help those charged with various Virginia drug crimes. Attorney Bose has testified in Federal Court about proper police procedure and reasonable articulable suspicion.
The Bose team 1) reviews the reason for the stop (in both vehicle and in-person detention cases) for potential challenges to the detention itself. The Bose Law Firm team 2) reviews the facts underlying the search which led to the identification of suspect drugs. The Team then 3) reviews the testing and chain of custody of the evidence which are required to identify the drugs in a court of law to prove they are indeed illegal controlled dangerous substances. Attorney Bose was taught how to catch drug dealers and drug possessors and now uses his expertise to keep government agents and police officers honest.
| Class | Examples | Penalty |
|---|---|---|
| Schedule I | Heroin, Ecstasy (MDMA), LSD, GHB | Up to 10 years in prison; fines of up to $2,500 |
| Schedule II | Cocaine, Methamphetamine (crystal meth) and other stimulants. Morphine, PCP, Methadone, Ritalin | Up to 2 years in prison; fines of up to $2,500 |
| Schedule III | Anabolic steroids, Codeine and Hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants | Up to 6 months in prison; fines of up to $1000 |
| Schedule IV | Many prescription drugs such as Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers. | Fines of up to $500 |
| Schedule V | Codeine based cough medicines | Fines of up to $250 |
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