Virginia Beach Drug Defense Lawyer
Common Sense Representation
Experience and many trials have shown me that perhaps the point and purpose of a trial may be reached more cheaply and more quickly by diplomatic means; so I will always use common sense on your behalf
Experienced
I've tried over two hundred (200) cases. As a Trial Attorney, I am prepared to protect you in a court of law. I am fully dedicated to a positive outcome on your behalf.
Personal and Attentive Services
I understand that a case is is an emotional and stressful event. I work for the most efficient and favorable result of your legal matter.
Are you interested in arranging your consultation? Contact me today at 757-301-9706.
Drug Crimes
Virginia Beach, Virginia and the federal government have laws against unlawful use, possession, distribution or production of certain drugs. These include cocaine, heroin, marijuana and amphetamines. The laws aim to reduce illegal drug use and cut down on drug-related crimes.
There are five categories, or "schedules," of drugs based on their potential for dependency and abuse as compared with their therapeutic value. Schedule I controlled substances have the highest potential for dependency and no accepted medical use. Schedule V drugs have a low potential for dependency and accepted medical uses.
The most severe penalties for illegal possession, sale or manufacture of drugs involve those listed in Schedule I. The Attorney General has the authority to delete, add or reschedule drugs. State schedules refer to or are based on federal schedules.
Punishment
The punishment for drug crimes in Virginia Beach, Virginia generally depends on:
- The quantity of the drug
- Its classification under the schedules
- The purpose of possession
The most serious drug crimes are:
- Producing illegal drugs
- Manufacturing drugs
- Selling drugs
Possession of drugs with the intent to distribute them is a serious crime. Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence you actually distributed the drug.
In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. If there's a conviction, the punishment is often probation or a fine, and not prison. However, possessing larger amounts of illegal drugs, even for personal use, may be a serious crime.
Most minimum sentences range from one year in jail to three years in prison for first-time offenders. The minimum sentences for repeat offenders? Three to 12 years in prison.
Enhanced Punishment
Some states have enhanced penalties for drug crimes. These apply if:
- Minors are used to distribute the drugs
- The drugs are delivered or sold to minors
- The drugs are sold or distributed near schools
Enhanced punishments vary by state. You may also be in danger of "forfeiting" your property if you're convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize it.
Professional Drug Dealers
Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing or managing a business to manufacture, transport or sell drugs, commits a serious crime.
There are special sentences for professional drug dealers. Federal law even has the death penalty for drug kingpins. Some states impose 25 years in prison without parole for professional drug dealers.
Questions for Your Virginia Drug Crime Defense Lawyer
- Do I need a lawyer if I'm going to plead guilty to a drug crime charge?
- What are Virginia Beach, Virginia's drug schedules?
- What are Virginia Beach, Virginia's sentencing guidelines?
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John Monaghan
Norfolk Drunk Driving Lawyer
Virginia Beach DUI Lawyer
Virginia Beach Drug Lawyer
Virginia Beach Drunk Driving
John A Monaghan
A native of Kentucky and Idaho, he moved to Tidewater in 2002 and resides in Virginia Beach with his wife and their five children. He is a member of St. Gregory's Parish and the Knights of Columbus.
He has a B.A. of Philosophy from Thomas More College, Merrimack, NH (Class of 1993) and a J.D. from Regent University, School of Law (Class of 2005). He has previously worked as a paralegal, salesperson, fundraiser and regulation compliance specialist.
His first job was for a start-up Corporation, where the hours were long, the pay little and the dreams big. This gave him an entrepreneurial desire which he has never shaken, and now he satiates it by practicing law with a focus on estate litigation, estate planning and elder law.
His hobbies are Wild Boar Hunting, homebrewing and reading. He particularly reads history, philosophy and comedies.

