Being in possession of a controlled substance is considered a crime, and it is possible for even first time offenders to endure various severe repercussions depending on the nature of their offense. It is in the best interest of those who have been arrested for drug possession to get in touch with a defense attorney who has represented clients in drug-related crimes before.
How long may I have to go to jail if charged with drug possession?
Whether or not you go to jail will depend on several factors, such as what kind of drug was found in your possession, the amount you had on you, whether you have a criminal history, and if it was for personal use or with intent to sell. Each state has its own laws for drug-related offenses, so to find out how you may be impacted it is recommended you talk with an attorney as soon as possible. Your attorney can defend on your behalf in court. If you are a first-time offender, your attorney may think it’s a good idea to advocate for your good character to the judge, in hopes that you can avoid jail altogether.
What will happen if I get put on probation?
Probation is often enforced as a substitute for jail time. There isn’t a way to predict how the judge is going to rule, so all you can do is defend your case to the best of your ability with assistance from a reputable attorney. Whether you have committed crimes in the past will likely hold weight in the judge’s ultimate decision. If you are ordered probation, you may have to abide by certain rules and restrictions for months or years. The duration of your probation will be determined by the court. While on probation, it is important that you do not:
- Break another law
- Possess a firearm or other weapon deemed dangerous
- Fail to fulfill community service hours
- Continue using drugs, as you will be tested periodically
What if I was only caught with a very small amount of controlled drugs?
If you were arrested for being in possession of a less serious controlled substance and it was a minor amount, then you may be charged with simple possession. The repercussions for this type of conviction aren’t as steep, and you may be put on a diversion program. You may be required to attend rehabilitation and pay fines. Once you have completed your obligations the charges may be dropped, and the conviction may not show up on your record. A drug crime lawyer, like a drug crime lawyer in Fairfax, VA, can talk with you about whether you may be eligible for a diversion program.
What is an example of a defense my attorney may use?
Your attorney may ask you about how the arrest was performed. It is possible that the officer had stopped you for an unjustified reason, or that their method of search was unlawful. Your attorney can investigate as to whether the officer even had grounds to halt you in the first place.
Thanks to May Law, LLP for their insight into what could happen if you are charged with drug possession for the first time.