McLean, VA Drug Possession Attorney

Aggressive Drug Possession Attorney Developing Individualized Defense Strategies in McLean, Virginia

A drug possession charge can be serious. It is remarkably easy to get arrested for drug possession, even if you were not intentionally doing anything wrong. Many people who are charged with drug possession were simply around the wrong people, driving the wrong borrowed vehicle, or carrying their own prescription medications incorrectly. In cases involving larger amounts of drugs, a person may be charged with possession with intent to distribute (PWID), which can result in more serious penalties. When it comes to drug crimes, the police tend to arrest everyone who could have been involved first and let prosecutors ask questions later.

Having the right legal representation can make or break a drug possession case. You deserve an attorney who will listen to your side of the story and design a customized defense strategy based on the real facts of your case, not the facts presented by the police.

Noorishad Law, P.C. fights to make the impossible possible in drug possession cases. McLean, VA drug possession attorney Kaveh Noorishad has a proven record of winning cases that seem unwinnable. He has been honored by organizations such as the National Trial Lawyers and Super Lawyers for his work defending clients in criminal cases. You will always have a direct line of communication with Attorney Noorishad from the time you become a client until your case is completely resolved.

What Is Drug Possession?

While the idea of "possession" may seem straightforward, there are some nuances that may affect criminal cases involving allegations of drug possession. You could be charged with an offense if you were in possession of drugs, regardless of whether you were the actual owner or intended to use them. For example, if drugs were found in your home or vehicle, you could be charged with drug possession, even if someone else was holding the substances at the time.

It is also important to understand the difference between actual possession and constructive possession. Actual possession involves direct physical control over drugs, such as by carrying them in your pockets. Constructive possession involves exercising control over drugs, even if they were not in your physical possession. For example, if drugs were found on your property, and you knew that they were being stored there, you could be charged with a drug crime based on constructive possession.

Defenses to Drug Possession Accusations

Drug possession cases may seem like they should be open-and-shut—either the defendant possessed illegal drugs, or they did not. However, there is much more nuance in these cases than many people realize. Possible defense strategies may involve:

• Questioning Police Conduct: If a search that led to the discovery of drugs was illegal, your case is likely to be dismissed. For example, if the police searched your home without a warrant or pulled you over without a reason to suspect you of a crime, the evidence they gathered unlawfully may be thrown out.
• Creating Doubt That the Drugs Were Yours: In Virginia, you should not automatically be considered in possession of drugs just because they were found in your home or car. Another person could have left them there without your knowledge, especially if the drugs in question were a prescription medication. While police frequently mock the "these are not my pants" defense, the reality is that people often do possess clothing or bags that belong to others. You may have been returning a gym bag that was left at your house or borrowing a jacket on a cold night.
• Misidentified Substances: The police sometimes mistake innocuous substances for illicit drugs. In one notorious case in Florida, a man was arrested on suspicion of drug possession because the police mistook residue from a glazed donut for methamphetamine. While some law enforcement agencies use portable drug test kits, these kits can be quite unreliable. Lab testing should be used to confirm substance identification.
• Presenting a Prescription: Many people who are prescribed controlled substances carry some of their medications in pill organizers or small pouches rather than the original prescription bottles. Unfortunately, this can mean that they are not able to prove that they have a valid prescription when confronted by police.
• Claiming Immunity: If you were charged with drug possession because you sought emergency medical help for someone who was overdosing, you may be protected from prosecution for simple possession.

The First-Time Offender Program

If this is your first criminal charge, you may qualify for a drug diversion program, and your case can be dismissed if you successfully complete the program. You would be required to participate in substance abuse treatment and submit to random drug tests. You may also be ordered to complete community service hours, pay the costs of attending the program, and avoid getting arrested again.

Although going through the program can be time-consuming and inconvenient, avoiding a conviction is often well worth it. This program is generally only available to people who have been charged with simple possession rather than more serious drug crimes like trafficking or distribution.

Contact Our McLean, VA Drug Possession Defense Attorney

Noorishad Law, P.C. understands that there is often much more to a drug possession case than meets the eye. McLean drug possession lawyer Kaveh Noorishad will fight to have unfair evidence dismissed and cast reasonable doubt on the accusations against you. Contact us at 703-542-4500 for a complimentary consultation.