Morgantown Drug Trafficking Lawyer

Morgantown Drug Trafficking Attorney

Facing charges of drug trafficking can be frightening, especially if you don’t have a plan to challenge the charges against you. It is essential that you speak to a lawyer and retain counsel, as you will need someone by your side who understands the entire process and how to help you fight the charges. Drug trafficking penalties can be severe and often come with minimum sentences that may be unavoidable. To learn more, speak to a Morgantown drug trafficking lawyer.

At Crowe Law, LLC, our experienced criminal defense attorney has helped many clients fight their drug trafficking charges. We’re ready to exhaust all options in service of your defense.

The Penalties for Drug Trafficking in West Virginia

Under West Virginia state law, trafficking any controlled substance into the state carries with it harsh penalties. Depending on the drug being trafficked, jail time and fines can vary. If the drug crosses state lines, the crime will likely become federal. West Virginia penalties for transporting drugs into the state with intent to deliver include the following:

• For a Schedule I or II narcotic drug, the penalty could be a prison sentence of one to 15 years and a fine of up to $25,000.
• If the offender knew of the presence of fentanyl, they could be fined up to $50,000 and go to prison for 10 to 20 years.
• For other Schedule I, II, or III drugs, penalties could include up to 10 years in prison and up to $15,000 in fines.
• For a Schedule IV drug, such as diazepam or other prescription medications, the penalties could be a prison sentence of up to five years and a fine of up to $10,000.
• For a Schedule V drug, such as various cough syrups with minimal codeine, the penalties could be a prison sentence of up to one year and a fine of up to $5,000.

The penalty you may receive for trafficking certain drugs into the state is mainly dependent on the amount of the drug and which drug you are trafficking. Retaining the services of an experienced drug crime lawyer can make all the difference in your case, as they can fight for reduced sentencing even if you’re found guilty.

How to Fight a Drug Trafficking Charge in West Virginia

There are multiple, potentially strong defenses that you and your lawyer can choose as a foundation upon which to build your case. Here are some of the possible defenses against a drug trafficking charge that could help your case:

• Entrapment: In a case of possible entrapment, the police essentially goad you into committing a crime so they could arrest you for it. As the defendant, you’ll need to show evidence to prove that entrapment occurred, which may not be easy. A lawyer can help you gather evidence of entrapment to support your case.
• Violation of Civil Rights: When you are taken into police custody, the policy must complete specific procedures in order to preserve your civil rights. For example, if you were not read your Miranda rights when you were arrested, you may not have been aware of them. That means your rights were violated, which may help your case.
• Lack of Probable Cause: Police can only stop and search you if they have probable cause. They may be unlawfully stopping you if they have no reason to believe any crime has been committed. The same law applies to search and seizure. If your lawyer can successfully prove a lack of probable cause, it may damage the prosecution’s case against you.

FAQs

Q: What Is the Law on Drug Possession in West Virginia?

A: The law on drug possession in West Virginia considers possession of any illegal drug a misdemeanor on the first offense, which carries with it a possible jail sentence of up to 90 days and a hefty fine of up to $1,000. Sometimes, first offenders may be offered a conditional discharge by a judge, which puts the offender on probation but drops all charges at the end of that probation if no more crimes are committed.

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

A: Yes, possession with intent to deliver is a felony in West Virginia. You could face hefty penalties if convicted of this type of crime. West Virginia takes drug laws very seriously, especially those like distribution, trafficking, and manufacturing. Depending on the amount of drugs in your possession upon arrest, you could be charged with possession with intent to distribute. The consequences could be severe and may depend on the drug you are caught with.

Q: What Is a Conditional Discharge in West Virginia?

A: A conditional discharge in West Virginia is a provision for first-time drug possession offenders. Under the discretion of a judge, the offender may be offered probation in lieu of a jail sentence and fine. If the offender does not commit any additional crimes during the probation period, the charges will be dropped when it ends. At that point, the offender could go to court to ask for an expungement of the arrest from their criminal record.

Q: What Is the Code for Drug Trafficking in West Virginia?

A: The code for drug trafficking in West Virginia is 60A-4-401. This code effectively states that it is unlawful for any person to manufacture, possess, or deliver a controlled substance. Anyone who violates this law will be subject to harsh penalties, including significant prison time and hefty fines. The drug in question and the amount of it found on the person are the main determinants of those penalties. The code for transporting drugs into the state with the intent to deliver is §60A-4-409.

Contact a Drug Trafficking Lawyer Today

Facing charges of drug trafficking can be detrimental to your livelihood. You will want to retain the services of a lawyer who understands the most effective way to help your case and can assist you in building a solid, reliable defense. At Crowe Law, LLC, we can help you determine your next steps and identify the most effective defense strategies. Contact us to schedule a consultation as soon as you can.