Morgantown Drug Crime Lawyer

Trusted Drug Crime Attorney in Morgantown

West Virginia is a state that is hard on drug crimes, such as drug possession, drug manufacturing, and drug trafficking. Penalties can be severe and have long-term consequences on the lives of individuals who are convicted of such crimes. If you are facing charges for drug-related crimes in Morgantown, a Morgantown drug crime lawyer at Crowe Law, LLC, can assist you with your case and work to protect your interests and rights.

Crowe Law, LLC, is a local law firm working out of Morgantown, West Virginia. We have experience working with a multitude of drug crime cases, ranging from minor possession charges to felony drug trafficking cases and criminal enterprises (RICO).

The drug crimes defense attorney at Crowe Law, LLC, can support you and your case by analyzing the details of your charges, such as the evidence that the prosecution has brought forward, to help you determine an optimal defense.

Illegal Drugs in Morgantown, West Virginia

West Virginia uses a similar system to other states, in which it places controlled substances into different drug schedules. Schedule classifications are established based on the medical value of the drug as well as its potential danger and addictiveness.

Illegal drugs that fall into the drug scheduling scheme include heroin, marijuana, cocaine, and methamphetamines. Additionally, various compounds that are used to produce such drugs fall under these schedules as well. Schedule I and II drugs are generally considered to be among the most dangerous illegal drugs, while Schedule III, IV, and V drugs are less dangerous.

It’s important to note that certain drugs that require prescriptions in West Virginia, such as stimulants like Adderall, Concerta, or Ritalin, can result in criminal defense charges if such drugs are found on you without a proper prescription. Other drugs that can lead to drug crime charges if you don’t have a valid prescription for them include Valium, Vicodin, and OxyContin.

Drug-Related Crimes in Morgantown, West Virginia

There are a wide variety of drug crimes that can be committed in Morgantown, West Virginia, and the laws regarding drug-related crimes are frequently changing. Therefore, it’s important to work with a criminal lawyer who is deeply aware of the local laws and regulations influencing the following drug crime charges:

• Drug Distribution or Sale: This involves one individual making a transaction with another person that involves the exchange of illegal drugs or drugs that are not licensed for sale.
• Possession With Intent for Sale: Such a crime requires having a certain quantity of a drug that would be more than what would be needed for simple possession.
• Simple Possession: Simple possession crimes are charged when someone is found with unauthorized drugs on their person in small amounts for personal consumption.
• Drug Manufacturing: Drug manufacturing is a more serious drug-related crime. It involves the making of drugs that are illegal or not authorized for production and sale by that individual.
• Drug Trafficking: Drug trafficking is another serious drug crime that involves the movement or smuggling of illegal drugs in large quantities for later distribution. Drug trafficking across state lines leads to federal charges.
• Criminal Enterprise (RICO): When drug manufacturing and/or trafficking is combined with other criminal acts and co-conspirators, you may face a separate criminal enterprise charge which can add up to 10 years to any sentence.

The location in which a drug crime is committed can also impact the associated charges and penalties of a drug-related crime in Morgantown. Selling drugs to a minor near a school is a felony crime that can result in a prison sentence of two years. If you have been charged with any of the aforementioned drug crimes in West Virginia, our knowledgeable drug crimes attorney at Crowe Law, LLC, can support you and your case.

Drug Charges in West Virginia

West Virginia drug crime laws recognize several types of offenses, and the penalties can vary significantly depending on the substance, the amount, and the circumstances of the arrest. Common drug charges include:

• Simple possession: Having a controlled substance for personal use. Even a first offense can result in criminal penalties and a permanent record.
• Possession with intent to deliver: Prosecutors may pursue possession with intent charges if drugs were intended for sale or distribution based on factors such as quantity, packaging, or the presence of cash.
• Delivery of a controlled substance: This includes selling, transferring, or delivering illegal drugs to another person.
• Drug manufacturing: Manufacturing charges are reserved for the production or cultivation of controlled substances.
• Drug trafficking: Large-scale transportation or distribution often carries some of the harshest criminal consequences.

A conviction for any of these offenses can result in fines, probation, incarceration, and long-term social consequences for employment, housing, and professional licensing opportunities. West Virginia has one of the highest overdose rates in the country, with 48.9 deaths per 100,000 residents. With such a high death toll, it should come as no surprise that the state is harsh on drug offenders.

Drug Crime Penalties in West Virginia

The penalties that an individual can face for drug crimes in West Virginia depend on a variety of factors, including their existing criminal record, the schedule of the drugs involved in the drug crime, and the quantities that were present. A key factor that can influence drug crime penalties is the intent that you had with respect to the drugs.

In West Virginia, if you are charged with a misdemeanor drug crime, then you can face a maximum jail time of up to one year. If you are charged with a felony drug crime, you can be looking at years in prison, along with fines of up to $25,000. Additionally, there are collateral consequences, such as limited educational and housing opportunities, that can come with being convicted of a felony drug crime.

Fentanyl is an automatic enhancement on any drug charge in West Virginia. Because fentanyl is often combined with other illegal drugs, you may be charged with distribution of fentanyl without the requisite knowledge or intent.

Understanding Conditional Discharge in West Virginia

In West Virginia, there is a specific provision for first-time drug possession offenders that can offer them a conditional discharge in certain circumstances. A first-time offender for drug possession who is granted conditional discharge will have their court hearings deferred, and they will be given probation.

If the terms and conditions of this probation period are fulfilled, the alleged defendant will be discharged from probation, and the case will be dismissed. After a period of six months has passed from the date of dismissal, it’s possible to apply for an expungement of the case and the associated arrest.

Expungement will only be granted if the individual was not found guilty of any additional drug crimes or other crimes within this six-month period. The Morgantown drug crime lawyer at Crowe Law, LLC, can help walk you through the expungement process.

FAQs

Will I Go to Jail for a First-Time Drug Charge?

Whether you’ll go to jail for a first-time drug charge largely depends on the facts of your case. Many first-time offenses do not automatically result in jail or prison time. Judges often consider alternatives such as probation, diversion programs, or substance abuse treatment, especially for lower-level convictions.

However, jail is still possible depending on the type of drug, the amount involved, and whether there are any aggravating factors like intent to distribute or a prior criminal history.

Can You Get Charged for Being on Drugs?

Yes, you can get charged for being on drugs in some situations, but it depends on the circumstances at play. In West Virginia, prosecutors are more likely to charge you with possession if the drugs are still on your person or are in your control. However, if being under the influence leads to safety concerns, you may face criminal charges. For example, if you’re driving while under the influence of drugs, you could be charged with a DUI.

What Are the Three Types of Crimes Related to Drugs?

The three main types of crimes related to drugs are possession, distribution or trafficking, and manufacturing. Possession involves having a controlled substance for personal use. Distribution, possession with intent, and trafficking often involve selling or planning to sell drugs or transporting them for others.

Manufacturing refers primarily to producing drugs, particularly in large quantities. Each of these offenses carries increasing penalties based on quantity, intent, and prior criminal history.

What Is Considered a Major Drug Offense?

A major drug offense typically involves the manufacturing, trafficking, or distribution of controlled substances in significant quantities. In West Virginia, charges may be elevated when large amounts of drugs are involved, especially Schedule I or Schedule II substances like heroin, cocaine, or methamphetamine.

Intent to distribute, possession of packaging materials, or evidence of sales can also qualify. These offenses are treated more seriously than simple possession and often carry substantial prison sentences.

Protect Your Rights and Interests: Hire a Drug Crime Attorney From Crowe Law, LLC

Prosecutors in West Virginia can be tough on drug crimes, and they will seek serious punishment, even for a mistake that you did or did not make. It is critical to build a passionate and strategic defense to defend your rights and yield optimal outcomes for your case. That’s why you should hire a drug crime attorney with experience in cases like yours.

At Crowe Law, LLC, our criminal defense team realizes that law enforcement can sometimes be incorrect or misled and that false assumptions can be made. Furthermore, it is possible that your constitutional rights could have been infringed upon before, during, or after your arrest. The Morgantown drug crimes lawyer at Crowe Law, LLC, can help you build a strong defense and ensure that your rights and interests are protected. Reach out today for a consultation.