Morgantown Drug Crime Lawyer

Morgantown Drug Crime Attorney

Facing criminal drug charges can be scary for anyone. Drug crimes can involve manufacturing, distributing, selling, or simply possessing drugs. The potential penalties for a conviction could include incarceration, fines, and other punitive measures. An experienced Morgantown drug crime lawyer can tell your side of the story and work to lower the potential penalties that you are facing. Meadows Law PLLC can fight for your rights. We have helped many clients reach favorable outcomes for their drug crime charges.

Why Legal Representation Is Crucial

Morgantown takes drug crimes very seriously, and the potential penalties for a conviction could be life-altering. Even first-time offenders arrested for drug possession could face jail time. The potential penalties go up significantly for people who have previous criminal convictions.

Having a criminal defense attorney by your side helps ensure that prosecutors do not abuse your constitutional rights. During the course of your case, your attorney may:

• Review the police reports.
• Depose witnesses and take witness statements.
• Gather evidence.
• Examine the prosecution’s evidence against you.
• Research whether police violated search and seizure protections.

If your lawyer gathers evidence that points toward your innocence or establishes mitigating circumstances for your case, it can weaken the state’s case against you. Prosecutors must prove beyond a reasonable doubt that you committed the crime that you are charged with. Depending on the facts of the case, the charges against you may be lowered or ultimately dropped. If needed, your defense attorney can take the matter before a jury and argue your innocence.

Common Defenses Against Drug Charges

As part of your defense, your attorney can develop a legal strategy that works in your interests. There are multiple defenses that can help your case. If the drugs you were charged with possessing belonged to someone else, that can be brought to the attention of prosecutors. Police do not always do a diligent job of trying to determine who owns the drugs during a traffic stop.

Fifth Amendment protections often apply to drug-related charges. Police have to have a good reason to pull you over. If they violated your rights at any point during the search of your car, that may help your case. In some cases, a constitutional violation could force the courts to drop your charges.

You may have had lawful possession of a drug. One example would be if you had a valid prescription for that drug. If you didn’t have the prescription with you at the time of your arrest, your attorney can use that evidence to have the charges dropped. Marijuana possession has become difficult to prove due to the legalization of hemp and hemp-derived products. Medical marijuana is legal for people who have been approved for the program.

The burden is on the prosecutors to show that you actually were the owner of the drug and that you had no lawful reason to possess and control the substance. Simply because the police saw a pill or substance that looks like a drug does not mean that you were unlawfully in control of an illegal drug.

When to Take a Plea Deal

Many criminal cases are resolved through the plea-bargaining system. The criminal courts do not have the staffing and capacity to take every case to trial. To keep court dockets manageable, prosecutors routinely make offers to defendants in return for a guilty plea. The offer may include substantially lower penalties for the crime you are charged with or reduced charges. One example would be an offer of possession of drug paraphernalia instead of a charge of possession of a drug.

Your criminal defense attorney can help you decide whether taking a plea bargain deal is in your interest. Even in cases where you believe that you were unfairly charged, it may be in your interest to take a deal that comes with probation rather than going to trial and risking a conviction.

Having an experienced criminal defense attorney in Morgantown, WV, can help during this process because your attorney can emphasize the merits of your case and the weak spots in the prosecution’s case to achieve the most favorable deal possible. If you accept a plea deal, you will have to abide by the terms of the settlement. Once you have completed the provisions set forth in the plea agreement, your case will be closed, and you can put the matter behind you.

FAQs

Q: How Much Is a Lawyer in West Virginia?

A: A lawyer in West Virginia will typically charge a flat fee or an hourly rate for their services. Attorneys who charge an hourly rate often require a lump-sum payment upfront. This is known as a retainer. The cost of your legal defense will depend on the number of hours that your lawyer and their team have to put into your case and the amount of resources that go into your defense.

Q: What Is the Penalty for Drugs in West Virginia?

A: Drug crimes in West Virginia are classified as either misdemeanors or felonies. Simple possession of small amounts of less harmful drugs, like marijuana, would likely be a misdemeanor charge, especially for a first-time offender. Manufacturing, distributing, and selling drugs are often felony crimes that come with the possibility of heavy prison sentences. Repeat offenders and defendants who committed aggravated offenses, like physical violence, face steeper penalties.

Q: Is Possession of a Controlled Substance a Felony in West Virginia?

A: Possession of a controlled substance can be a felony in West Virginia. Two factors that could influence the final charge are the type and quantity of the drug that you are charged with possessing at the time of your arrest. Not every drug possession charge leads to a felony. The courts also consider the defendant’s past criminal record. Repeat offenders usually face steeper penalties.

Q: Is Possession With Intent to Distribute a Felony in West Virginia?

A: Anyone charged with possession with intent to distribute could face a felony charge. Engaging in selling drugs is considered a more serious crime than simply possessing drugs for personal use. Your criminal defense attorney could examine the facts of the case and try to have the charges reduced if the state does not have compelling evidence that you intended to sell the drugs.

Schedule Your Morgantown Drug Crime Consultation Today

Facing drug crime charges can be an unsettling experience for anyone. A conviction could lead to steep fines and possible incarceration. Having an experienced criminal defense attorney by your side can help you improve the chances of a favorable outcome to your case. Meadows Law PLLC is here to fight for your interests and protect your rights. Contact our office today to schedule your consultation.