West Virginia Drug Crime Lawyer

West Virginia Drug Crime Attorney

Tough & Trial-Tested Representation in Lewisburg, Charleston, Beckley & Throughout West Virginia

Drug crimes are among the most common crimes prosecuted in West Virginia and across the country. These crimes range from simple possession for one’s own use to large-scale drug trafficking across states. Being arrested and charged with a drug crime can have a profound effect on your life with a conviction carrying years in prison, heavy fines, and a lengthy probation. Collateral damage can include a permanent criminal record that harms your ability to gain future employment, housing, financial aid, and other life opportunities.

Any drug arrest calls for the services of an experienced and aggressive defender. At Wooton, Davis, Hussell & Johnson, PLLC, you can work with a team of trial lawyers who have demonstrated their competence routinely in criminal defense cases. We have successfully defended clients accused of all types of drug crimes throughout the state.

Our team is committed to intensively investigating all aspects of your case in search of improper conduct by law enforcement and other facts, circumstances, and actions that can cast doubt on the state’s allegations. We know how to attack drug charges, we know the system, and we know how important our work is to the people who entrust is with their future and freedom.

Drug Crimes in West Virginia

Like other states, West Virginia classifies illegal drugs according to “schedules” based on the addictiveness, danger, and medical value of the drug. The most dangerous drugs fall into Schedule I and II while the remaining are classified in Schedule III, IV, and V.

Well-known drugs that fall into these categories include cocaine, marijuana, heroin, and methamphetamine along with the compounds that are used to manufacture drugs. You can also be charged for a drug crime if you have unauthorized prescription drugs in your possession, such as Vicodin, Valium, Adderall, OxyContin, and others.

How you are charged in any drug crime will be based on the type and quantity of drugs found in your possession, the activity you were involved in regarding the drugs, and other factors that can potentially increase your penalties. For example, selling marijuana to a minor or in the vicinity of a school is charged as a felony in West Virginia that can carry up to two years in prison.

In general, penalties for drug crimes will depend on whether you have been convicted for a misdemeanor or a felony. Misdemeanor charges involve jail time of up to a year while felonies carry longer prison terms. Fines for drug crimes can range up to $25,000.

Drug crimes in West Virginia can include:

• Simple possession (small quantities for one’s own personal use)
• Possession with intent to distribute
• Distribution/sales
• Manufacturing
• Cultivation/farming
• Drug trafficking

First-Offense Drug Possession

Unlike some other states, West Virginia has a provision that allows drug possession first offenders to be eligible for a “conditional discharge.” Should you be granted this, all court proceedings will be deferred and you will be placed on probation.

The judge will order the terms and conditions of the probation and, if you fulfill these to the satisfaction of the judge, you will be discharged and your case dismissed. Six months later, you can apply to court for the expungement of the arrest and trial record. If you have not committed any further crimes during the six months, the court will expunge your record.

Consult with a West Virginia Drug Crime Attorney About Your Case

Drug crime convictions can carry harsh sentences that can negatively impact your freedom and future. Arrests can often be based on false assumptions, overzealous law enforcement tactics, and violations of your constitutional rights. Prosecutors will work hard to convict you in an effort to send a message and punish violators.

You need a strong advocate in your corner whose only objective is to protect your rights and best interests throughout all phases of your case. At Wooton, Davis, Hussell & Johnson, PLLC, your case will be handled by a prominent legal team with proven results in West Virginia.