Morgantown Drug Possession Lawyer

Trusted Drug Possession Attorney in Morgantown

Dealing with a drug crime of any kind can be a serious, overwhelming situation that you may not be prepared to handle on your own. When it comes to drug possession, you could be facing serious consequences if convicted. That’s why it’s so important to enlist the help of an experienced drug crimes lawyer who can advocate for you and help minimize your charges or even have them dismissed entirely. Reach out to a Morgantown drug possession lawyer for a consultation.

At Crowe Law, LLC, our talented lawyer has significant experience in drug crime cases, from simple possession of a controlled substance to allegations of selling and distributing drugs. We can build an effective, strategic defense to minimize the negative impact that drug possession charges have on your life.

Types of Drug Possession Charges in West Virginia

West Virginia Code § 60A-4-401 defines the types of drug possession offenses as well as the penalties you can face if convicted of drug charges. While some possession charges are classified as misdemeanors, others can expose you to much harsher penalties. Working with your Morgantown drug possession lawyer to understand the type of charge is an important first step in evaluating your legal options. Common drug possession charges include:

• Simple possession of a controlled substance
• Possession of marijuana
• Possession of a prescription medication without a valid prescription
• Possession of a Schedule I or Schedule II substance
• Possession with intent to deliver

The prosecution must prove each element of the offense beyond a reasonable doubt. Depending on the facts of the case, defense options can include disputing ownership of the substance, lack of knowledge, improper police procedures, or violations of your constitutional rights. Every drug possession case is different, so it’s important to work with an experienced attorney to review the evidence and identify possible defense strategies.

The Consequences of Drug Possession Charges

Under West Virginia state law, simple possession of illegal drugs is a misdemeanor that leads offenders to face 90 days to six months in jail and pay up to $1,000 in fines. However, possession with intent to deliver or manufacture can lead to much more severe consequences, including felony charges. Possession with intent to manufacture or deliver Schedule I or II controlled substances may result in up to 15 years in jail and fines of up to $25,000.

What to Expect After a Drug Possession Arrest

Being arrested for drug possession can feel overwhelming, especially if you’ve never been charged with a crime before. In West Virginia, 1,484 people were charged with drug possession in 2022. Knowing what to expect and preparing for each step along the way can keep you from making mistakes that can harm your case. After an arrest, you can expect to follow this process:

• Booking and processing: Law enforcement records personal information, fingerprints, photographs, and details about the alleged offense.
• Initial court appearance or arraignment: A judge informs you of your rights and explains the charges against you. Bail and release conditions may also be addressed at this time.
• Investigation and evidence review: Your attorney can examine police reports, lab results, witness statements, and other evidence to identify weaknesses in the prosecution’s case.
• Negotiations with prosecutors: Oftentimes, cases can be resolved through plea negotiations, diversion programs, and other alternatives to a trial.
• Pretrial motions: Your attorney may challenge evidence obtained through unlawful searches, seizures, and other violations of your rights.
• Trial: If a resolution can’t be reached, the case may proceed to trial at the Monongalia County Justice Center, where a judge and jury will hear arguments and determine guilt.

Outcomes of a trial can include dismissal, participation in a diversion program, probation, fines, treatment requirements, and prison time. For some people, especially first-time offenders, alternative sentencing options may be available that focus on rehabilitation rather than punishment. An experienced defense attorney can explain the state’s drug possession laws, explain your legal options, and represent you throughout the process.

What Should You Look for in a Drug Possession Lawyer?

You will want an experienced drug crime lawyer who understands the complexities of West Virginia drug crimes and can help guide your case in the right direction. Here are some of the more important qualities you may want to consider looking for in a drug possession lawyer:

• Significant Experience: Drug crime penalties in the state of West Virginia can be harsh, and a conviction could seriously impact your future. The stakes are high, and you will want a lawyer who understands what you are facing. Experience is incredibly valuable, and hiring a lawyer who has handled cases like yours in the past can only serve to help your case. When trying to find a lawyer who is right for you, ask them about their experience – how long they’ve been practicing, how many cases they have fought that are similar to yours, and their typical practice areas.
• Wealth of Knowledge: While experience as a lawyer can be immeasurably helpful to your case, you will also want a lawyer with a vast reservoir of knowledge regarding drug crimes, drug laws, and the most effective defenses against a case like yours.
• Positive Track Record: It is vitally important to have a lawyer with not only experience with cases like yours but also a positive track record of past successes in similar cases. You may feel intimidated when asking your lawyer about how many cases they’ve won, but if you hire someone who doesn’t have a good track record, your future could suffer as a result.
• Willingness to Fight: Some lawyers may try to convince you to take a plea bargain right from the start, even if this is not the most advantageous option for your case. This legal advice might be the easiest road for that attorney, but possibly not for you. A reputable attorney should determine whether a plea deal makes sense for your case and advise you with integrity.

To fight the charges against you, you’ll need to hire someone with an eagerness and willingness to fight on your behalf. You’ll want someone who isn’t afraid to stand up for you and represent your interests above their own.

FAQs

How Do You Beat a Possession Charge in West Virginia?

There are a number of ways to beat a possession charge in West Virginia if you have an experienced lawyer. One possible way to win your case is a West Virginia state law provision called “conditional discharge.”

Conditional discharge is only available for first-time offenders. If a judge grants it to you, all court proceedings are deferred, and you are granted probation. Once the probation is completed, all charges are dropped against you, and you can apply for an expungement six months later. If you haven’t faced drug charges before, be sure to discuss this with your lawyer.

What Is the Penalty for Possession of a Controlled Substance in West Virginia?

The penalty for possessing a controlled substance in West Virginia is lenient compared to other states. West Virginia state law classifies possession of any amount of most controlled substances as a misdemeanor for first offenders. Yet, if you are convicted of first-offense drug possession, you could face a jail sentence of up to 90 days and a fine of up to $1,000. Subsequent offenders may find their sentences doubled.

Will I Face Jail Time for a Drug Possession Charge in West Virginia?

Yes, there is a chance you could face jail time for a drug possession charge in West Virginia. However, if you are a first-time offender, there is also a good chance you could be given a lesser charge. First-time offenders may be charged with a misdemeanor for possession but could have the case dropped if offered a conditional discharge by the judge.

What Is the Code for Drug Possession in West Virginia?

The code for drug possession under West Virginia state law is §60A-4-401. It effectively states that no person will intentionally possess an illegal drug unless they have a valid prescription or are a doctor performing their duties.

Furthermore, it declares that anybody who is convicted of possession of a controlled substance shall be guilty of a misdemeanor, be fined up to $1,000, and be imprisoned for a possible 90-day to six-month sentence.

Hire a Drug Possession Attorney Today

Facing a drug possession charge can be terrifying if you don’t know how to defend yourself. That’s why speaking to a lawyer with experience helping people with possession charges is so important. The legal team at Crowe Law, LLC, can help you develop your defense and build a case that can help you challenge the possession charge or result in a dismissal of the charges altogether.

When you hire a drug possession attorney from our firm, you can rest assured that an experienced lawyer is managing every aspect of your case. We’ll sit down with you to discuss your arrest, explain what you can expect moving forward, and begin strategizing your defense. Reach out to speak to a valued team member and learn how we can help.