Fentanyl Charges in Manassas
Possession of Fentanyl - § 18.2-250 of the Code of Virginia
The opioid epidemic has made the possession and distribution of fentanyl a major focus of law enforcement. As a result, someone found in possession of fentanyl must be aware that their case will garner extra scrutiny from police, prosecutors and judges.
In Virginia, the possession of fentanyl is an extremely serious offense. A conviction for possession marks a person with a felony record. This conviction deprives a person of their rights and creates difficulties securing employment. The penalties for possession include incarceration for up to 10 years and a fine for as much as 2,500 dollars.
As a result of these serious consequences, our Manassas drug defense attorneys will fight to secure your best possible outcome. This can be in the form of a “First Offender” disposition or negotiating with prosecutors for an alternative disposition.
First Fentanyl Possession Offense - § 18.2-251 of the Code of Virginia
As an alternative to saddling a person with a felony conviction for the possession of fentanyl, the Court has as an option the “First Offender” program. Generally, if this is your first time charged with a drug offense, you are eligible to have your charge dropped pursuant to meeting certain conditions of the Court.
In the “First Offender” program, a person will plead guilty to the charge in question but the Court will withhold a finding of guilt. Instead the case will be continued for a year and a person will be put on probation. They will be required to meet with their probation officer, attempt to secure employment, complete 100 hours of community service and take drug screens. After a year of good behavior and meeting all the requirements of the Court, the charge will be dismissed.
Distribution & Possession with the Intent to Distribute Fentanyl
§ 18.2-248 of the Code of Virginia
Due to the gravity of the opioid epidemic, law enforcement and prosecutors treat the Distribution and Possession with the Intent to Distribute Fentanyl very seriously. The penalties for such offenses are severe. For a first conviction, a person can be sentenced to not less than five years and not more than forty years of incarceration along with a fine not to exceed 500,000 dollars. Consequently, a person charged with such an offense needs the best possible legal team to fight for their charge to be dropped or reduced.
Distribution offenses are generally involve the selling of a substance to a undercover police officer. Under those circumstances,our drug defense lawyers in Manassas will review discovery to ensure that a person was not entrapped by law enforcement and thereby induced to commit a crime they otherwise never would have committed. If such inducement can be shown, we will fight to have the case dismissed.
Possession with Intent to Distribute Fentanyl cases require a different type of analysis. In those cases, it must be shown that the fentanyl possessed was not for personal use. An expert will need to testify that what a person possessed was inconsistent with personal use.
Experts will point to:
- The weight of the substance seized,
- The manner it was packaged,
- The presence of paraphernalia consistent with drug distribution,
- Evidence located upon a person’s cell phone indicative of distribution,
- The presence of large amounts of currency,
- The presence of firearms.
As a result, Attorneys with Dischley Law will examine every factor and piece of evidence in possession of the Commonwealth. We will fight to prove that the drugs in question cannot be connected to a person or that the evidence simply does not support the conclusion that possession was with the intent to distribute.
Contact us today for more information about Fentanyl possession/distribution in Manassas, VA.
-
Their exceptional assistance and guidance made the process stress-free- Ben
-
I chose Dischley Law in part because they are a Veteran-owned firm, but also because of their competitive fees and the compassion they demonstrated as I described my case during the consultation- C.G.
-
After receiving a Reckless Driving summons in Fairfax, VA, I contacted a number of lawyers. I found my conversation with Dischley Law to be the most helpful and comforting.- R.M.
-
You will not find a more caring and proactive attorney in your search for effective representation. David gets right to the heart of the case, finds the defenses, and presents them at the right time.- J.M.
Meet Our Team
Over 30 Years Combined Legal Experience
Responsive. Assertive. Accomplished.
More reasons to choose our firm:
-
We've Served Our Country & Community Through Military Service & As Former Prosecutors
-
We Have Over 30 Years of Combined Legal Experience
-
We Are Boutique Firm With Large Firm Experience & Reputation
-
We Use Knowledge, Strategy & Innovation to Produce Results
-
Our Firm Is Top-Rated & Award-Winning
-
Your Initial Consultation Is Free & Confidential