Drug Possession Lawyer

Richmond Based Drug Offense Lawyer Will Fight For You

Being arrested for drug possession in Richmond, VA, and surrounding areas can be a serious offense.  You may face severe consequences for your actions, including fines and the possibility of jail time.  Also, if you are convicted of drug possession, your life afterward may be altered because of your criminal record.  Don’t take any chances trying to fight the charges on your own.  It is important that you have an experienced drug possession lawyer on your side so that your rights will be protected.

Richmond drug possession lawyer Cody Villalon has effectively defended these types of cases for 12 years and will fight for your rights when you have been accused.  Cody knows how to go through the process, whether it entails negotiating with the authorities or defending you in court.  Contact him today.

Why Cody Villalon Is Your Drug Possession Lawyer

Cody’s practice is limited to criminal defense law.  Because of this, he is very knowledgeable about the criminal laws in Virginia and knows how to defend these types of cases.  He has been a defense attorney in over 1,000 cases and has logged countless hours in the courtroom.

Not only is Cody an aggressive advocate for his clients, but he also honestly cares about his clients and believes that everyone has the right to a solid defense.  He will be present for you during the entire process, whether it is in court or discussing the case with the prosecution.  He will work hard to have your drug possession charges decreased or dropped altogether.

What Our Richmond Drug Possession Lawyer Can Do For You

Drug charges in Virginia are very serious.  You may be doing yourself a disservice If you attempt to defend yourself in court.  Even if you are only accused of drug possession (as opposed to distribution or manufacturing), you may still face jail time and fines.  It is possible that you can get a favorable plea agreement or possibly avoid prison if you have an experienced drug possession lawyer on your side.  Cody Villalon will fight for your rights and will work hard to obtain a favorable outcome.

Cody Villalon will work in numerous ways, including:

  • Getting the basics of your case, including having you explain the situation and looking at the evidence to create a strategy for your defense.
  • Identifying possible mistakes that were made by the authorities when you were arrested, to see if your rights were violated in the process.
  • Taking a look at the police and lab reports that were taken at the scene to see if they were completed properly according to the law.
  • Working with you to devise a legal defense, including teaching you the best ways to handle yourself in the courtroom and, potentially preparing for trial by jury.
  • Meeting and conferring with prosecutors to negotiate a plea bargain if you desire so that you hopefully do not have to spend time in jail.

You have rights under Virginia law for drug possession.  These rights include the right to remain silent until you have an attorney with you and the right to not answer any questions that might incriminate you.  Most importantly, you have a right to an attorney.  Cody Villalon will work aggressively for you to make sure that your rights are defended in every way possible.

Richmond Drug Possession Lawyer Discusses Drug Laws

Virginia’s Drug Control Act defines a controlled substance as a drug, substance, or immediate precursor in Schedules I through VI.  Controlled substances do not include distilled spirits, wine, malt beverages, or tobacco.  Controlled substances are put into the schedules according to their power to be abused or cause harm and whether they are used medically.  Virginia follows the classifications of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970.  The different schedules are:

  • Schedule I Drugs – These are the most dangerous drugs, as they are not accepted for mainstream medical use and have a high possibility for abuse.  Drugs in this schedule include heroin, LSD, marijuana, and ecstasy.  Even though some states, including Virginia, have legalized marijuana, it is still a Schedule I drug by federal law.
  • Schedule II Drugs – These drugs also have a high potential for abuse but have been used in certain medical situations.  Drugs in this category include cocaine, methamphetamine, OxyContin, and fentanyl
  • Schedule III Drugs – The drugs in this schedule have a low possibility of abuse and have a low risk of dependence.  Drugs in this schedule are Vicodin, Tylenol with codeine, certain steroids, and testosterone.
  • Schedule IV Drugs – These drugs have less potential for abuse.  The drugs in this schedule include Xanax, Soma, Valium, and Ambien.
  • Schedule V Drugs – The drugs in this schedule have the least potential for abuse.  Some Schedule V drugs have limited quantities of narcotics and can include Cough Syrups and Robitussin AC.

Cody Villalon Understands Possible Punishments for Drug Possession in Virginia

If you are arrested for drug possession in Virginia, the penalties will vary depending on the type of drug and the amount that you are carrying.  Simple possession of a small amount of illegal drugs, which is indicative of personal use, can result in lesser penalties; the penalties also depend on the class of illegal drugs that is in your possession.  Possession of a Schedule I drug will have a heavier punishment than those in Schedule III.

According to Virginia law, if you are caught with possession of a Schedule I or II drug without a prescription, it is considered a Class 5 penalty and will have the harshest penalty.  Possible penalties for drug possession are:

  • Schedule I or II drugs — Possession of these types of drugs can result in incarceration of one to 10 years or prison for up to 1 year and a fine of up to $2,500.
  • Schedule III drugs — Possession of Schedule III drugs can result in jail time for up to 12 months and a fine of up to $2,500.
  • Schedule IV drugs — If you are found to be in possession of a drug in this schedule, you can be incarcerated for up to six months and face a fine of up to $1,000.
  • Schedule V drugs — Possession of a Schedule V drug will result in a fine of up to $500.
  • Schedule VI drugs — Possession of a Schedule VI drug will get a fine of up to $250.

If you have been arrested on drug possession charges, our drug possession lawyer can help.  Contact us today for a free consultation.

Fighting a Drug Possession Charge in Richmond, VA

There are many ways to fight a drug possession charge.  It is in your best interests to look at all of the possible defenses to make sure that you were treated fairly.  In doing so, you might be able to avoid jail time.  Some of the ways that you can fight a drug possession charge are:

  • The authorities may have violated your rights when they searched your property or car for evidence.  We can ask the judge to toss any evidence that was taken if your house was illegally searched for evidence.
  • If you did not have the drugs on your person when you are arrested, we can use that in your case.  Not physically handling drugs when you are arrested may go in your favor.
  • The police must read your Miranda rights when you are arrested for drug possession.  If they fail to tell you that you have a right to remain silent or have an attorney with you during interrogation, this could also work in your favor with the court.
  • If this is your first offense, you can probably qualify for a “251 program,” which is used to rehabilitate first time drug possession offenders.   Instead of jail time, you will be placed on probation and can avoid a conviction with successful compliance.

What should I do when I am arrested for drug possession?

The most important thing is to ask for a lawyer.  Once you ask for one, the police cannot interrogate you or ask you questions until your lawyer is present. Do not answer their questions. 

Can the police search my property or car if they smell marijuana?

No.  According to Virginia law § 4.1-1302, it is unlawful for a law enforcement officer to search your person based only on smell.  Also, any evidence that is gathered by the police based on smell alone will not be admissible in court.

How much will it cost to hire a drug possession lawyer?

It depends on the case.  Sometimes a case will have a quick turnover, but sometimes it will involve longer negotiations with the prosecutor.  We will work with you to come up with a payment plan that suits your economic needs.

Can I get my case thrown out by a judge?

Yes, if there is enough evidence to do so.  If the prosecutor agrees that they do not have a case against you, they may agree to drop the case.  Hiring an experienced drug possession lawyer in Richmond, VA, will increase your chances of having your case dropped.

I’ve never been in trouble with the law. Will that help my case?

It should, depending on the charges you are facing.  First offenders are usually treated with more leniency than those with past criminal records.

Contact Drug Possession Lawyer Cody Villalon

Cody Villalon is an experienced drug possession lawyer that truly cares for his clients.  He believes that everyone has the right to the best criminal defense possible.  He will work tirelessly for you to make sure that your rights have not been violated and that you are treated fairly by the court and prosecution.

Every American citizen has certain rights under the law, and Cody knows them well.  He has fought for his clients for over 10 years and knows how to provide the best defense for your drug possession charges.  Cody will personally work on your case and will not pass you off to another lawyer.  He is always invested in his cases and will do whatever it takes under the law to make sure your rights are protected.

If you have been arrested on any type of drug charge, not just possession, call Cody today and he will start working on your case right away.  You have rights under the law, and you need to understand them.  That is where Cody comes in.  Contact us today.

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