Kingwood Drug Crime Lawyer

Kingwood Drug Crime Attorney

Drug crime allegations can be very stressful and have a huge impact on an individual’s life. If you have been accused of or are facing arrest for a drug-related crime, a Kingwood drug crime lawyer at Crowe Law, LLC, has the experience to aggressively defend your rights. Our skilled legal team has represented countless clients facing criminal allegations, including drug crimes, in the Kingwood area and the state of West Virginia.

West Virginia Drug Crime Laws

Drug crime cases in West Virginia include several factors, such as the type and amount of drugs, the activity involved in the incident, and other factors, such as being close to a school, which can lead to being charged with a more serious offense. Drug crimes can be charged as a felony or a misdemeanor, and penalties may include incarceration in jail or prison, fines, probation, substance abuse treatment mandated by the court, and others. Common drug crimes include:

• Simple possession
• Possession with intent to distribute
• Distribution or sales
• Manufacturing
• Farming or cultivating
• Drug trafficking

West Virginia, like the rest of the US, classifies illicit drugs into schedules, or categories based on how dangerous and addictive the drug is, as well as its value medically. Convictions for drug-related charges depend in part on which category of drugs is involved. Schedule 1 and 2 drugs are the most dangerous, so convictions including these substances can often have the most severe penalties.

• Schedule 1 is considered the highest potential for abuse with little medical use and includes heroin, LSD, ecstasy, peyote, and marijuana.
• Schedule 2 also has a high potential for abuse and addiction, but may have accepted medical uses in some circumstances. Substances include cocaine, oxycodone, fentanyl, morphine, hydrocodone, codeine, methadone, and medications like amphetamine and methamphetamine.
• Schedule three substances have a moderate potential for abuse and risk of dependence and include barbiturates, anabolic steroids, ketamine, and some stimulant medications like Adderall.
• Schedule 4 has a low potential for addiction and abuse and includes Xanax, tranquilizers, anti-seizure medications, some pain relievers, and sedatives, which are often used for valid medical reasons but not legal without a prescription.
• Schedule 5 has low potential for abuse, accepted medical use, and a limited risk for or dependence, and includes Certain medications used for nerve pain, epilepsy, and anxiety.

West Virginia law offers a program called a conditional discharge for many eligible first-time offenders facing simple possession charges. This means that all charges can be dismissed and expunged if the defendant successfully completes the court’s orders. In general, a defendant cannot have previous convictions or guilty pleas to drug-related charges and must complete probation, community service, and a drug treatment program.

How a Kingwood Drug Crime Attorney Can Help

When you are facing allegations of a drug crime, the first step is to hire a drug crime lawyer with a solid track record of successful outcomes in similar cases. Your attorney can review all evidence, investigate your case, develop a defense strategy, negotiate plea bargains, and help you navigate the legal process. In many cases, a skilled attorney can work to have charges dismissed or reduced, and if necessary, represent you at trial in court.

West Virginia has the highest drug overdose death rates when adjusted for age of any state in the US, increasing from 51.5 per 100,000 in 2018 to 85.1 per 100,000. The national average is 32.7 per 100,000.

FAQs

What Is the New Drug Law in West Virginia?

The new drug law in West Virginia is Senate Bill 196, also called Lauren’s Law, and it increases penalties and sentences for drug-related crimes, especially charges that involve fentanyl. The law also establishes new offenses for drug delivery that result in someone’s death or financing or managing drug conspiracies, which can now carry mandatory incarceration of 10 to 40 years in prison.

Is Marijuana Legal in West Virginia?

No, marijuana is not legal in West Virginia for recreational use. Possession of marijuana is also illegal, but if the amount is small, the offense may be a misdemeanor rather than a felony. Some cities, such as Morgantown and Charleston, have decriminalized the use of marijuana, and medical marijuana became legal in 2017 with the West Virginia medical cannabis Act, which also places regulatory restrictions on possession and use.

What Is the Most Serious Drug Crime in West Virginia?

The most serious drug crime in West Virginia is the new drug kingpin offense, which is a felony that carries mandatory incarceration for at least 10 years and up to 40 years in a state prison and a fine of up to $100,000. This charge is for organizing, financing, managing, or supervising the manufacturing, distribution, dispensing, or transport of a controlled substance. In addition, a convicted person is not eligible for probation, suspended sentence, or home imprisonment.

What Drugs Are Illegal in West Virginia?

Drugs that are illegal in West Virginia are generally the same drugs that are illegal federally. Examples include cocaine, heroin, methamphetamine, fentanyl, and oxycodone. Marijuana is also illegal in West Virginia for recreational use, but it can be used for medical treatment in some cases.  A knowledgeable drug crime lawyer can help you determine how the laws apply in your specific case and which legal defenses might be most beneficial.

Hire a Kingwood Drug Crime Lawyer

A conviction for a drug crime in Kingwood can lead to harsh penalties that may have long-lasting negative consequences for your future and your freedom. The prosecutor’s office often works diligently to convict on drug crime charges to send a message. If you are facing drug-related charges, you need an aggressive legal defense strategy to protect your rights and interests.

Crowe Law, LLC, focuses mainly on criminal defense, including drug crimes. Our legal team has a deep understanding of drug laws and court procedures, and our top priority is to ensure that every client receives the optimal outcome possible in their case. Reach out to Crowe Law, LLC right away to set up a consultation and discuss your case.