Drug crimes are taken seriously in Virginia, and if you have been criminally charged with manufacturing drugs such as LSD, Cocaine, Crack, Heroin, PCP, Methamphetamines, or Ecstasy, you will be facing serious consequences. In addition to jail time, steep fines, community service and probation, a conviction for drug manufacturing brings a criminal record that may forever affect your education, job, and housing possibilities, as well as your family and social relationships.
Drug manufacturing cases can be complex, even when only small quantities of a drug are involved — and the larger the amount, the longer the potential prison sentence and the greater the fine. You can be charged with drug manufacturing if found with chemicals and materials used to produce drugs, even if no illegal drugs are discovered.
The situation is too serious to attempt fighting on your own; fortunately, there is legal help available. Drug manufacturing defense attorney Cody Villalon knows the courts, the prosecutors, and the system, and the many defenses that can get your charges lessened, reduced or even dismissed. Call Cody for a free consultation to discuss your case and determine the best way to defend your rights and your freedom.
Why Choose Our Drug Manufacturing Defense Attorney
When dealing with complicated drug manufacturing charges, you should look for an attorney with the experience, knowledge and resources to get the best results possible. Here are some reasons to choose Cody Villalon to represent you:
- Cody is experienced and professional. Cody has more than 12 years of legal experience, and has defended more than 1,000 cases and spent more than 5,000 hours in court. With his solid knowledge of criminal and constitutional law, he is well-respected by prosecutors and judges, and he has won awards for Best DUI Lawyer and Best Criminal Defense Lawyer in Richmond.
- Cody provides personal attention to each client. A sole practitioner by choice, Cody takes a personal interest in each case. He has a long record of success, as evidenced by testimonials from many satisfied clients.
- Cody has the skills you need. He knows the tactics law enforcement and prosecutors use, and how to go up against them. He is a skilled negotiator when it comes to plea bargaining for lesser charges, but he is also aggressive and effective if your case goes to trial.
- Cody provides honest, straightforward advice. When you have him on your side, he will be there for you 24/7, promptly return calls and emails, and will patiently explain how the law affects your case and what your options are.
And there is no guessing what your defense costs will be – Cody provides reasonable flat-rate prices, based on the complexity of your case and the work involved.
Laws and Definitions Regarding Drug Manufacturing in Virginia
There are several laws regarding drug manufacturing in Virginia. Virginia Code §18.2-248 is a lengthy and specific statute governing various forms of manufacturing, selling, giving, or distributing drugs, or possessing drugs with the intention to distribute them. Under the code, drug manufacturing covers a range of actions from the actual production or processing of a drug to actions such as packaging or repackaging a drug.
Drug manufacturing involves controlled substances that can include street drugs such as heroin, cocaine, molly, or methamphetamine, as well as prescription drugs such as Ritalin, Vicodin, or Xanax. The Virginia Controlled Drug Act (Code of Virginia § 54.1-3401) divides controlled substances into six schedules, based on the potential for harm weighed against the medical use or potential for benefit.
- Schedule I drugs are those with high potential for abuse and considered the most dangerous and least beneficial, such as heroin, ecstasy or molly, and PCP.
- Schedules II through V list drugs are those with varying medical uses and potentials for abuse. Schedule II list drugs such as opium, cocaine, oxycodone, and amphetamine, with high potential for abuse and dependency, but also with medical use. Schedule V drugs have the lowest potential for abuse, accepted medical use, and limited risk of physical or psychological dependence.
- Schedule VI is defined (Virginia Code §54.1-3455) as any potentially harmful prescription drug not listed on one of the other schedules.
Penalties for Drug Manufacturing in Virginia
In most instances, manufacturing, selling, or distributing drugs, or possession with the intent to sell or distribute, is a felony in Virginia, but, depending on the circumstances, it may be a misdemeanor. Punishments depend on factors such as the schedule of the drug, whether this is your first or subsequent conviction, and the amount of drugs involved.
Here are some examples of potential sentences for schedule I and II:
- First offense. 5 to 40 years in prison and a maximum fine of $500,000.
- Second offense. The prison sentence increases from five years to life, with a mandatory three-year minimum sentence and $500,000 fines.
- Third or subsequent offense. Up to life in prison and fines of up to $500,000. The mandatory minimum sentence is 10 years.
Some controlled substances that contain certain amounts of methamphetamine, heroin, cocaine, or crack cocaine bring increased penalties of five years to life in prison and a fine of up to $1 million.
Defenses for Drug Manufacturing Charges
Defenses for drug manufacturing charges depend on the situation, and your attorney will look for factors such as how you were arrested, how the police found evidence of manufacturing, whether any of your rights were violated, and whether evidence was handled correctly. Prosecutors have the burden of proof to show intent to manufacture, and their arguments are often based on circumstantial evidence. Your attorney will seek to demonstrate that there is reasonable doubt by challenging the validity of the evidence or showing that your rights were violated or proper protocols were not followed during the arrest and evidence handling.
Typical defense strategies include:
- Showing violations of rights: Evidence obtained through illegal searches or seizures without a search warrant or probable cause can be suppressed. Other rights violations, including not informing you of your right to remain silent and not answer questions by police unless an attorney is present, can also invalidate evidence.
- Proving entrapment or police misconduct: Entrapment involves showing you were induced by law enforcement to commit a crime you would not have otherwise committed. Misconduct could be planting evidence or coercing confessions.
- Mistakes in drug testing or handling of samples: There may have been contamination, mistakes in handling or the chain of custody of drug samples, or errors in testing procedures, which could lead to inaccurate results of the type or quantity of drug amounts.
- Third-Party Possession: Showing the drugs belonged to someone else and that you did not know about or control them.
- Negotiating plea deals for reduced charges or penalties.
Get Legal Help for a Drug Manufacturing Charge
If you have been charged with criminal drug manufacturing in Virginia, your future is on the line, and you need the best defense you can get. Attorney Cody Villalon knows how devastating it is to be facing any drug charges, and believes that everyone is guaranteed rights under the law.
When you have Cody on your side, he will get to work for you immediately. He will:
- Listen to your version of what happened and examine the evidence available to find the best way to defend you based on the facts
- Look for situations where your rights were violated or mistakes made by the police or prosecution in the handling of your case
- Examine police reports testing and lab reports to see if they were done improperly
- Coach you to avoid having you say or do anything that would hurt your case and prepare you for all hearings and court appearances
- Negotiate and plea bargain with prosecutors for lesser charges.
Cody Villalon will be there for you throughout the entire legal process, addressing your questions and concerns, and aggressively fighting for your rights and freedom.
Call us today for a free consultation.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
