Drug Possession Defense at Harclerode Law, PLLC
Drug crimes of all types are aggressively prosecuted in West Virginia. If you have been accused of drug possession, it’s critical to consult with an experienced criminal defense attorney as soon as possible. At Harclerode Law, PLLC, we provide skilled and assertive representation for individuals facing drug charges throughout West Virginia.

For a free consultation, contact Harclerode Law, PLLC online or call (304) 931-0479 today.

Penalties for Drug Possession in West Virginia

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

Penalties for drug possession may include:

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

Additionally, a drug conviction can lead to serious collateral consequences, such as difficulty finding employment or housing. For students, a conviction may make you ineligible for financial aid.

Defenses for Drug Possession in West Virginia

If you are facing drug possession charges, several defenses may be available to you. A knowledgeable drug possession attorney from Harclerode Law, PLLC can review the evidence and develop a strong defense strategy on your behalf.

Potential defenses may include:

• Illegal search and seizure
• Crime lab analysis
• Missing drugs
• Lack of knowledge of the drugs
• The drugs belonged to someone else

Every drug possession case is unique. Our experienced attorneys can analyze the details of your case and help you understand your legal options.

Types of Drug Possession Charges in West Virginia

Drug possession charges are categorized into three main types:

• Simple Possession: This is the most common charge and involves having actual possession of a controlled substance, meaning the drugs were on your person at the time of arrest.
• Constructive Possession: This charge involves knowledge of the drugs, control over them, and the ability to access them, such as when drugs are found in a shared space like a car or home.
• Possession with Intent to Distribute: This is the most serious charge, where the prosecution must prove you intended to sell, deliver, or distribute the drugs in your possession.

Types of Drugs in West Virginia

Drug possession charges also depend on the type of drug involved. In West Virginia, drugs are classified into five schedules based on their potential for abuse and accepted medical use:

• Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, ecstasy, LSD).
• Schedule II: High potential for abuse, some accepted medical use (e.g., cocaine, methamphetamine, oxycodone).
• Schedule III: Moderate potential for abuse, accepted medical use (e.g., anabolic steroids, ketamine).
• Schedule IV: Low potential for abuse, accepted medical use (e.g., Xanax, Valium, Ambien).
• Schedule V: Lowest potential for abuse, accepted medical use (e.g., certain cough syrups with codeine).

Penalties for drug possession vary based on the schedule of the drug, but even a conviction for possession of a Schedule V drug can result in up to six months in jail.

How a Drug Possession Attorney Can Help

Facing drug possession charges can be overwhelming, but an experienced attorney can make a significant difference in the outcome of your case. At Harclerode Law, PLLC, we have extensive experience handling drug possession cases and are ready to defend your rights.

Our drug possession attorneys can assist you with:

• Reviewing the evidence: Ensuring the evidence was lawfully obtained and that your constitutional rights were not violated.
• Protecting your rights: We will safeguard your rights throughout the legal process.
• Investigating the arrest: Analyzing the circumstances of your arrest to determine if it was lawful.
• Negotiating with the prosecution: In some cases, we may negotiate to have charges reduced or dismissed.
• Court representation: We are prepared to fight for you in court and will aggressively pursue the best possible outcome.

At Harclerode Law, PLLC, we understand that a drug conviction can have lasting effects on your life. We will work tirelessly to help you avoid a conviction and minimize the penalties you may face.

If you’ve been charged with drug possession, don’t wait. Contact us online or call (304) 931-0479 today to schedule a free consultation with our drug possession defense lawyers. A Clarksburg Defense Attorney can make all the difference.