If you’re facing drug trafficking charges, it’s crucial to remember that you are presumed innocent until proven guilty. You have the right to contest these charges, and Harclerode Law, PLLC is here to support you throughout the process. We are committed to providing the assertive defense you need. Our attorneys specializing in drug trafficking defense possess extensive experience and a strong track record of achieving favorable outcomes. We are prepared to work tirelessly to reduce or dismiss your charges.

By choosing Harclerode Law, PLLC, you are selecting a dedicated team that prioritizes your case. We are always available to answer your questions and address your concerns. You can count on us for a vigorous and effective defense, and we will not stop until we achieve the best possible result for you.

If you have been accused of drug trafficking, reach out to Harclerode Law, PLLC – Criminal Defense at (304)931-0479 schedule a free, confidential consultation with our experienced drug trafficking defense lawyer.

Understanding Drug Trafficking

Drug trafficking, also known as drug distribution or drug sale, refers to the illegal importation, transportation, and/or sale of controlled substances. This serious offense is pursued aggressively in West Virginia and federal courts. Facing drug trafficking charges means you are up against severe penalties, including long prison sentences and substantial fines. An experienced Clarksburg drug trafficking defense lawyer is essential to navigate this challenging situation.

According to both West Virginia and federal law, drug trafficking involves:

1. Knowingly and intentionally distributing, delivering, or selling a controlled substance, or
2. Knowingly and intentionally possessing a controlled substance with the intent to distribute, deliver, or sell it.

The prosecution must prove that you were aware of the controlled substance and intended to distribute it to secure a conviction. Essentially, they need to demonstrate that you possessed the substance with the intent to distribute it.

Drug Trafficking vs. Drug Possession

Drug trafficking and drug possession are distinct charges. Although both are serious, drug trafficking is generally considered more severe and carries harsher penalties. To be charged with drug trafficking, the prosecution must prove that you intended to distribute the substance. For drug possession, the prosecution must show that you knowingly possessed the controlled substance.

Key differences include:

• Penalties: Drug trafficking penalties are more severe compared to drug possession. While drug possession is a misdemeanor in West Virginia, drug trafficking is a felony, leading to longer prison terms and higher fines.
• Intent to Distribute: Drug trafficking requires proof of intent to distribute. If you only possessed the substance for personal use, you cannot be charged with trafficking, but you could still face possession charges.
• Quantity: Drug trafficking usually involves larger quantities of controlled substances than drug possession. Possession of a large amount might lead to trafficking charges, even without intent to distribute.

Penalties for Drug Trafficking

Drug trafficking is a serious crime with severe penalties. The exact penalties depend on various factors, such as the type and amount of controlled substance, your criminal history, and whether the case is in state or federal court.

In West Virginia:

• Schedule I and II substances: Conviction can lead to up to 15 years in prison and/or a fine up to $25,000 for a first offense. A prior conviction may result in up to 30 years in prison and/or a fine up to $50,000.
• Schedule III, IV, and V substances: Conviction can result in up to 5 years in prison and/or a fine up to $15,000 for a first offense. A prior conviction may lead to up to 10 years in prison and/or a fine up to $30,000.

In federal court, penalties vary based on the type and quantity of the substance, and your criminal history:

• Methamphetamine:

  • Less than 50 grams: Up to 20 years in prison. Life imprisonment if death or serious injury results.
  • 50 to 500 grams: Up to 40 years in prison. Life imprisonment if death or serious injury results.
  • 500 grams to 5 kilograms: Minimum 10 years up to life. Life imprisonment if death or serious injury results.
  • 5 kilograms or more: Minimum 10 years up to life. Mandatory 20-year minimum if death or serious injury results.

• Heroin:

  • Less than 100 grams: Up to 20 years in prison. Life imprisonment if death or serious injury results.
  • 100 to 999 grams: 5 to 40 years in prison. Life imprisonment if death or serious injury results.
  • 1 kilogram or more: Minimum 10 years up to life. Mandatory 20-year minimum if death or serious injury results.

Defending Against Drug Trafficking Charges

If charged with drug trafficking, having an experienced lawyer is crucial. At Harclerode Law, PLLC, we have successfully defended numerous clients against such charges. We are prepared to do everything necessary to reduce or dismiss your charges.

Possible defenses include:

• Unlawful Search and Seizure: Evidence obtained through illegal searches may be inadmissible, weakening the prosecution’s case.
• Lack of Intent: If the prosecution cannot prove intent to distribute, you may be convicted only of drug possession.
• Entrapment: If law enforcement coerced you into committing the offense, entrapment might be a valid defense.

At Harclerode Law, PLLC, we thoroughly examine your case, conduct an in-depth investigation, and develop a strong defense strategy. Our Clarksburg drug trafficking lawyer will fight for you throughout the legal process.  A Clarksburg Defense Attorney can make all the difference. 

Why You Need a Drug Trafficking Defense Lawyer

Drug trafficking carries severe consequences, including lengthy prison terms and substantial fines. An experienced defense lawyer is essential to navigate this complex legal landscape.

When you choose Harclerode Law, PLLC, you benefit from a team that is:

• Experienced: Our lawyers have a proven record of success in drug trafficking cases.
• Aggressive: We are dedicated to challenging the prosecution and defending your rights.
• Accessible: We are always available to address your questions and keep you informed.
• Committed: We focus on achieving the best possible outcome for your case.

If you are facing drug trafficking charges, contact Harclerode Law, PLLC at (304) 931-0479 to schedule a free, confidential consultation with our Clarksburg drug trafficking defense lawyer.