Martinsburg Drug Possession Lawyer

Aggressive Defense for the Accused in Berkely County & Surrounding Areas

Drug crimes of all types are aggressively prosecuted in West Virginia. If you have been accused of drug possession, it is in your best interest to consult with an experienced criminal defense lawyer as soon as possible. At Kevin D. Mills & Associates, PLLC – Criminal Law Center, we provide experienced and aggressive representation to individuals facing drug charges in West Virginia.

To learn more about how we can help you through this difficult time, contact us online or call (304) 262-9300 today for a free consultation.

What Are the Penalties for Drug Possession in WV?

In West Virginia, the penalties for drug possession depend on the type and amount of drug, as well as other factors. Possession of a controlled substance is a serious crime and is punishable under both state and federal law.

Penalties for drug possession in West Virginia may include:

• Prison or jail time
• Steep fines
• Probation
• Loss of driving privileges
• Community service
• Mandatory drug testing

Additionally, a drug conviction can have serious collateral consequences, such as making it more difficult to find a job or housing. If you are a student, a conviction can make you ineligible for financial aid.

What Are the Defenses for Drug Possession in West Virginia?

If you are facing drug possession charges, there are defenses that may be available to you. An experienced Martinsburg drug possession lawyer at our firm can review the evidence against you and develop a strong defense strategy on your behalf.

Possible defenses in drug possession cases include:

• Illegal search and seizure
• Crime lab analysis
• Missing drugs
• No knowledge of the drugs
• Drugs belonged to someone else

It is important to note that every drug possession case is unique. An experienced drug possession lawyer can review the facts of your case and help you understand your legal options.

What Are the Different Drug Possession Charges?

Drug possession charges in West Virginia can be broken down into three main categories:

• Simple possession
• Constructive possession
• Possession with intent to distribute

Simple possession is the most common type of drug possession charge in West Virginia. To be charged with simple possession, you must have actual possession of a controlled substance. This means that the drugs were on your person at the time of your arrest.

Constructive possession is another type of drug possession charge in West Virginia. To be charged with constructive possession, you must have:

• Knowledge of the drugs
• Control over the drugs
• The ability to access the drugs

Constructive possession is a more complex legal theory and is often used when drugs are found in a car or home with multiple occupants.

Possession with intent to distribute is the most serious drug possession charge in West Virginia. To be charged with possession with intent to distribute, the prosecution must prove that you had the intent to sell, deliver, or distribute the drugs in your possession.

What Are the Different Types of Drugs in West Virginia?

Drug possession charges can be broken down further into the type of drug in question. In West Virginia, drugs are classified into five different schedules.

The five schedules of drugs include:

• Schedule I: These drugs have a high potential for abuse and no accepted medical use in the United States. Some examples of Schedule I drugs include heroin, ecstasy, and LSD.
• Schedule II: These drugs have a high potential for abuse, but have some accepted medical use in the United States. Some examples of Schedule II drugs include cocaine, methamphetamine, and oxycodone.
• Schedule III: These drugs have a moderate to low potential for abuse and have currently accepted medical use in the United States. Some examples of Schedule III drugs include anabolic steroids, ketamine, and testosterone.
• Schedule IV: These drugs have a low potential for abuse and have currently accepted medical use in the United States. Some examples of Schedule IV drugs include Xanax, Valium, and Ambien.
• Schedule V: These drugs have a low potential for abuse and have currently accepted medical use in the United States. Some examples of Schedule V drugs include cough syrups with less than 200 milligrams of codeine per 100 milliliters.

The penalties for drug possession in West Virginia depend on the type of drug in your possession. However, it is important to note that even a conviction for simple possession of a Schedule V drug can result in a jail sentence of up to six months.

How Can a Drug Possession Attorney Help?

When you are facing drug possession charges, you need an experienced criminal defense lawyer on your side. At Kevin D. Mills, PLLC – Criminal Defense, we have extensive experience handling drug possession cases in Martinsburg. We can review the evidence against you and develop a strong defense strategy on your behalf.

Our Martinsburg drug possession defense lawyers can help with the following, and more:

• Reviewing the evidence: The prosecution has the burden of proving each element of the crime beyond a reasonable doubt. We can review the evidence against you to ensure it was lawfully obtained and that your constitutional rights were not violated.
• Protecting your rights: We can ensure that your rights are fully protected throughout the legal process.
• Investigating the arrest: We can review the facts of your arrest, including the police report and any witness statements, to determine if the arrest was lawful.
• Negotiating with the prosecution: In some cases, we may be able to negotiate with the prosecution to have the charges against you reduced or dismissed.
• Representing you in court: We are not afraid to take a case to court and will fight aggressively for you every step of the way.

At Kevin D. Mills, PLLC – Criminal Defense, we understand that a drug conviction can have serious and long-lasting consequences. We will work tirelessly to help you avoid a conviction and the penalties that come with it.

If you have been charged with drug possession, do not wait to contact our firm. Contact us online or call (304) 262-9300 today to schedule a free consultation with our drug possession lawyers in Martinsburg.