Understanding Drug Violations
Facing a state or federal drug charge can be a difficult and vulnerable time. There can be a long road ahead of questions and court appearances while waiting to find out if there will be fines and jail time. You may also have a job on the line or relationships with friends and family that would be damaged if you were to face conviction.
It is important to talk to someone who can be a knowledgeable advocate for your case. Speaking to one of our skilled criminal defense attorneys at Bottner & Associates, Attorneys at Law, about the road ahead can help you understand your defense options and the best way to move forward.
Misdemeanor And Felony Drug Charges
Like many states, West Virginia makes a distinction between possession and “possession with intent to distribute.” If you are convicted, this one phrase can make the difference between a misdemeanor and a felony.
Making the distinction between drug paraphernalia, drug possession and intent to distribute can end up being someone’s opinion and interpretation of the events that led up to your arrest.
This is why it is important to talk to one of our lawyers about the charges you are facing. A criminal defense attorney at Bottner & Associates, Attorneys at Law, can help you understand what you are facing and what the next steps will be in the process.
Frequently Asked Questions About West Virginia Drug Charges
Clients often visit our firm with high-stakes questions about drug charges. Below are honest answers to help you make informed decisions at a critical moment.
What should I do if I am arrested for a drug charge in West Virginia?
After an arrest for a drug charge, remain silent, ask for an attorney and avoid consenting to any searches. Under the Fifth Amendment of the U.S. Constitution and Article III, Section 5 of the West Virginia Constitution, you have the right to remain silent to avoid self-incrimination.
You also have a constitutional right to ask for a lawyer. However, remain respectful and do not resist arrest. One of our experienced drug charge defense attorneys can quickly work to protect your constitutional rights.
Is there a difference between state and federal drug charges?
Yes, there is a significant difference between state and federal drug charges, regarding jurisdiction, investigation and penalties. Local police handle state charges, while federal charges involve federal agencies, such as the DEA or FBI.
A drug charge in West Virginia becomes a federal case when it violates the federal Controlled Substances Act. Examples include interstate trafficking, moving with drugs on federal land and possessing a large amount of controlled drugs.
West Virginia law allows for a range of penalties, often with more flexibility for plea agreements and probation. However, federal charges are far more severe, often involving mandatory minimum sentences with no parole.
What is the difference between a simple drug possession and possession with intent to distribute?
Simple possession is generally for personal use, while possession with intent to deliver involves drugs intended for sale. Under West Virginia law, possession with intent to deliver is a felony, whereas simple possession is often a misdemeanor.
To prove intent to distribute, prosecutors in West Virginia courts rely on circumstantial evidence, such as:
- Amounts larger than that are reasonable for personal use
- Packaging materials such as baggies
- Drug paraphernalia, such as measuring tools
- Possessing drugs with large sums of money
- Text messages or call logs suggesting transactions
At Bottner & Associates, Attorneys at Law, you will work with an experienced criminal defense lawyer who can help question how evidence was obtained and dispute assumptions about intent.
Can a drug conviction in West Virginia have collateral consequences beyond fines and jail time?
Yes, a drug conviction in West Virginia can have significant collateral consequences, including:
- Difficulty securing employment
- Housing limitations
- Expungement limitations
- Limitations for federal student aid
- Immigration risks, such as deportation for non-citizens
You can trust in our reliable attorneys in Charles Town to help pursue outcomes that can preserve your record.
We Are Ready To Help
It is important to talk to one of our knowledgeable West Virginia lawyers as soon as possible after your arrest. Bottner & Associates, Attorneys at Law, can help you create a strong defense for the charges you are facing. To make an appointment in our Charles Town office, contact us online or call 304-885-4265.