Criminal charges involving the distribution (sale), manufacturing, or transportation of Marijuana, Cocaine, Crack, Heroin, PCP, Methamphetamine ("Meth"), Cathinone ("Khat"), Ecstasy (MDA or MDMA), LSD, Psilocybin (mushrooms), Anabolic Steroids, prescription drugs (Xanax, Valium, Percocet/Oxycodone, Codein, Codeine, etc.), or other Schedule I, II, III, IV, or V controlled substances are most serious of all drug crimes in Fairfax County and Northern Virginia.
Drug distribution, manufacturing/cultivation, and transportation crimes carry harsh penalties and, like other drug offense, are aggressively investigated and prosecuted throughout Fairfax and Northern Virginia. As with all narcotics cases, distribution and manufacturing cases can be complex and involve constitutional search and seizure issues, scientific and technical issues, evidentiary issues regarding the chain of custody of the drugs, and witness credibility issues given that these cases often involve confidential informants who usually have long criminal records and are drug users or dealers themselves. These issues can be pursued, and often times, work in the favor of the accused. Anyone charged with a drug related crime should consult experienced legal counsel.
You must be absolutely certain that your Fairfax and Northern Virginia drug and criminal defense attorney understands how narcotics investigations are developed and proceed, and the mechanics of a narcotics prosecution. Only a former prosecutor will have that inside understanding. If you have been charged with one or more of the following crimes, or any other drug offense, you can contact Manikas Law LLC to schedule a free consultation or discuss your case by phone, at 703-873-7473 or 888-503-8075, or by e-mail.
• Drug Manufacturing / Cultivation (Va. Code 18.2-248, 18.2-248.1, & 18.2-248.03)
• Drug Distribution / Sale (Va. Code 18.2-248, 18.2-248.1, & 18.2-248.03)
• Drug Transportation (Va. Code 18.2-248.01)
• Drug Conspiracy & Attempts (Va. Code 18.2-256 & 18.2-257)
To discuss your case with Kyle G. Manikas, a former prosecutor that has handled hundreds of drug cases, including possession, possession with intent to distribute, distribution, manufacturing, and transportation cases, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
What Must the Prosecutor Prove to Get a Conviction for Distribution in Fairfax or Northern Virginia?
As with a drug possession or possession with intent to distribute charge, the prosecutor must prove that the accused "knowingly and intentionally" possessed the illegal drug (see the Drug Possession and PWID page for an explanation of these terms). The prosecutor must also prove that the accused transferred or assisted in the transfer of a drug to another person. Generally, this proof is established through an admission by the accused or the testimony of an undercover narcotics agent that took part in or was present for the drug transaction. The government may also rely on the testimony of an undercover confidential informant for this testimony.
What are the Penalties for Drug Distribution in Fairfax County and Northern Virginia?
The penalty for a drug distribution charge varies by drug type, the amount sold, and whether it is a first of subsequent offense. At a minimum, distribution of a schedule I or II drug is punishable by 5 to 40 years in prison and a fine of up to $500,000. A second conviction carries a maximum penalty of life in prison. Given that Virginia has eliminated parole, these potential sentences are significant.
What is an Accommodation Defense?
If a person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a correctional facility, and did so without having the intent to profit (it must be a non-commercial transaction), the crime can be reduced to a Class 5 felony. The maximum punishment for a Class 5 felony is 10 years in prison and a fine of up to $2,500.
What is Drug Transportation?
Transporting or trafficking drugs can constitute many crimes, including possession with the intent to distribute; however, it can also result in an additional charge under Va. Code 18.2-248.01 if it can be shown that the accused transported or was involved in the transportation of drugs into the Commonwealth of Virginia and accused had the intent to sell or distribute the drugs. This offense only applies if the drugs are of a certain quantity. However, upon conviction, this offense carries a penalty of 5 to 40 years in prison and a fine of up to $1 million. 3 years of this sentence is a mandatory minimum; therefore, the judge cannot suspend this time and 100% of the time must be served. A second or subsequent conviction is punishable by a mandatory minimum term of imprisonment of 10 years.
Contact An Experienced Fairfax and Northern Virginia Drug Crimes Defense Attorney
If you have been arrested for a drug or narcotics crime in Fairfax or Northern Virginia, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC.
Kyle G. Manikas has handled hundreds of drug-related charges, including misdemeanor and felony charges relating to the possession, possession with intent to distribute, distribution, and manufacture of Marijuana, Cocaine, Crack, PCP, LSD, Heroin, Methamphetamine, Cathinone ("Khat"), Ecstasy (MDA or MDMA), Psilocybin, Xanax, Valium, Percocet/Oxycodone, Codein, Codeine, and other illegal drugs and controlled substances.
For a free consultation contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
For more information about drug crimes review our Drug Offenses, Drug Possession/PWID, and Prescription Drug Fraud pages.
