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Possession of a Schedule I/II Controlled Substance

Possession of a Schedule I/II Controlled Substance

What are schedule I controlled substances?

The list of schedule I controlled substances is long and found in Va. Code 54.1-3446. The most common schedule I controlled substances are

Heroin
Hashish oil
Peyote

What are schedule II controlled substances?

The list of schedule II controlled substances is less lengthy, but still considerable. The list is found at Va CodeĀ 54.1-3448. The most common schedule II controlled substances are

Cocaine
PCP
Morphine
Oxycodone
Hydrocodone
Fentanyl
Opium
Methadone

What are the possible defenses to Possession of a Schedule I/II Controlled Substance?

Knowledge

The police must prove that you knew what the substance was. So if you're charged with possession of heroin, they have to prove that you knew it was heroin and not some other substance.

Possession

The police also have to prove that you were in knowing possession of the drugs. Possession doesn't have to mean you were holding the drugs or the drugs were in your pocket. If the drugs are in your house or in your car, that might count as possession.

Police Misconduct

If the police stopped you illegally or searched you or your property illegally, a judge might throw your charges out. Police have to have reason to believe you're committing a crime before they stop you and search you. If they stop you just because they don't like the way you look, your charges can be dismissed.

What's the penalty for possession of a scheduled I/II controlled substance?

Possession of a schedule I/II controlled substance is a class 5 felony. That means up to 10 years in prison. It's important to know that possession charges don't often carry much jail time. Most judges and prosecutors know that people who possess drugs are usually addicted to those drugs. So they will at least consider some alternatives to jail or prison time.

If I have a clean record, can I get the charge dismissed?

If you've never been convicted of a drug offense and you've never completed the first offender program before, you are probably eligble to have the charge dismissed after you complete probation. For felony first offender you have to complete more community service hours (100) that you would for marijuana first offender.

Conclusion

If you've been charged with Possession of a Schedule I/II Controlled Substance please call me today. I have help prepare your defense and answer your questions and concerns.

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