Drug Possession Virginia Fairfax Lawyers Code 18.2-248

Drug Possession Virginia Fairfax Lawyers

In Virginia, possession of drugs is a criminal offense under Va. Code Ann. § 18.2-250 and is punishable as a Class 5 felony.

Below is a sample case of possession of drugs in Virginia as interpreted by a lawyer in our firm.

Have you been charged with possession of drugs in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with possession of drugs in Virginia?

Under Va. Code Ann. § 18.2-250

“A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.)…

(a) Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony.

(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.

(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor…”

For a lot of our clients, possession of drugs can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with possession of drugs in Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Drug Possession Virginia Fairfax Lawyers Code 18.2-248
Drug Possession Virginia Fairfax Lawyers Code 18.2-248

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Lee v. Commonwealth

Facts:

A detective stopped defendant’s car, Mirandized him, and told him of an informant’s tip that defendant was in that location selling crack cocaine drug in Fairfax. A search of defendant’s person yielded a small amount of crack. He admitted having more crack at his residence, and gave the detective his apartment keys. Police recovered a loaded gun, 114 grams of crack, scales, and packaging paraphernalia from the residence. Defendant argued that § 18.2-308.4(C) required proof of simultaneous actual possession of both drugs and a firearm. The appellate court disagreed; proof of constructive possession was sufficient. A conviction under § 18.2-308.4(C) did not require proof that defendant possessed the gun “in a threatening manner,” as defendant argued, but did require proof of a nexus between the drug offense and the gun he possessed. As defendant admitted owning the gun and crack found in his bedroom, and the detective had stopped him in his car two before the arrest, at which time he had the loaded gun with him, the evidence established that his gun protected his drugs, thereby providing the necessary nexus between his constructive possession of the handgun and the drugs.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • In interpreting Virginia’s basic statutes proscribing possession of drugs, e.g. Va. Code Ann. § 18.2-248 (simple possession); Va. Code Ann. § 18.2-250 (possession with intent to distribute); or possession of a firearm, e.g. Va. Code Ann. § 18.2-308.2 (proscribing possession of a firearm by a convicted felon), the applicable legal principles are clear: Possession may be actual or constructive. Establishing constructive possession requires proof that the defendant was aware of both the presence and character of the item and that it was subject to his dominion and control. A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession. A defendant may constructively possess an item or items in his residence even when he is not on the premises. Possession of the means to exercise dominion and control over an item gives the possessor dominion and control over the item itself.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Drug Possession Virginia Fairfax Lawyers

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

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