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Drug Possession Over 100 Civil & Criminal Cases Successfully Tried

Morgantown Drug Possession Attorney

Aggressive Defense for Drug Charges in Monongalia County & the Surrounding Areas

Drug possession is a serious charge that can carry significant penalties if you are convicted. You need a lawyer who is well-versed in West Virginia drug laws and will fight for you in court. At The Moore Law Firm, PLLC, we have a track record of success in defending clients against all types of drug charges.

Call (304) 521-2451or contact us onlineto arrange a consultation with a knowledgeable drug possession lawyer in Morgantown.

What Is Drug Possession in West Virginia?

Drug possession is the charge that you may face if you are found to be in possession of drugs that are illegal in West Virginia. In most cases, drug possession is a misdemeanor offense that is punishable by up to a year in jail and a fine of up to $1,000. However, the penalties for drug possession in West Virginia can vary widely depending on the type and amount of drugs involved, as well as other factors.

Some of the most common types of drugs involved in possession cases include:

  • Marijuana
  • Cocaine
  • Heroin
  • Methamphetamine
  • Ecstasy
  • Peyote
  • Prescription drugs

How Much Is Considered Drug Possession in West Virginia?

West Virginia drug possession laws are based on the amount of the drug that you are found to be in possession of. If you are in possession of less than 15 grams of a controlled substance, you may be charged with simple possession. If you are in possession of 15 grams or more, you may be charged with possession with intent to deliver.

Simple possession is a misdemeanor that is punishable by up to a year in jail and a fine of up to $1,000. Possession with intent to deliver is a felony that is punishable by up to 5 years in prison and a fine of up to $15,000.

Simple possession of marijuana is a misdemeanor that is punishable by up to 6 months in jail and a fine of up to $1,000. Possession with intent to deliver marijuana is a felony that is punishable by up to 5 years in prison and a fine of up to $15,000.

If you are found to be in possession of a controlled substance that is not a Schedule I or II substance, you may be charged with simple possession if you have less than 28 grams. If you have 28 grams or more, you may be charged with possession with intent to deliver.

Simple possession of a Schedule III, IV, or V substance is a misdemeanor that is punishable by up to 6 months in jail and a fine of up to $1,000. Possession with intent to deliver a Schedule III, IV, or V substance is a felony that is punishable by up to 5 years in prison and a fine of up to $15,000.

How to Fight Drug Possession Charges in West Virginia

Being charged with drug possession does not mean that you will be convicted. You have the right to fight your charges in court, and having a skilled attorney on your side can make all the difference in the outcome of your case.

Some of the most common defenses against drug possession charges include:

  • You did not know that the drugs were in your possession
  • You did not know that the drugs were illegal
  • The drugs were planted by the police
  • The police conducted an illegal search and seizure
  • You were the victim of mistaken identity

Even if you think that the evidence against you is strong, you should still consult with a criminal defense attorney as soon as possible. A lawyer can review the details of your case and help you determine the most effective defense strategy.

What Is the Sentence for Drug Possession in West Virginia?

While drug possession is typically a misdemeanor offense, the penalties can be quite severe if you are convicted. In addition to spending time in jail, you may also be required to pay thousands of dollars in fines and complete a mandatory drug education and counseling program. You may also be placed on probation and required to submit to regular drug testing.

Drug possession is not a crime that you can afford to take lightly. If you are convicted, you will have a criminal record that can make it difficult to find employment, secure housing, and more.

What Is the Difference Between Drug Possession and Drug Trafficking?

Drug possession and drug trafficking are two distinct crimes in West Virginia. Drug possession is the charge that you may face if you are found to be in possession of drugs that are illegal in West Virginia. Drug trafficking is the charge that you may face if you are found to be involved in the sale, distribution, or transportation of drugs.

Drug trafficking is a felony offense that is punishable by up to 15 years in prison and a fine of up to $25,000. The penalties for drug trafficking in West Virginia can vary widely depending on the type and amount of drugs involved, as well as other factors.

What Happens if You Get Caught with a Controlled Substance in West Virginia?

Being caught with a controlled substance in West Virginia can have serious consequences. If you are found to be in possession of a controlled substance that is illegal in West Virginia, you may be charged with drug possession.

Some of the most common types of controlled substances involved in drug possession cases include:

  • Marijuana
  • Cocaine
  • Heroin
  • Methamphetamine
  • Ecstasy
  • Peyote
  • Prescription drugs

Drug possession is a serious charge that can carry significant penalties if you are convicted. You need a lawyer who is well-versed in West Virginia drug laws and will fight for you in court.

How Long Does a Drug Possession Charge Stay on Your Record in West Virginia?

If you are convicted of drug possession in West Virginia, you will have a criminal record that can make it difficult to find employment, secure housing, and more. Unfortunately, a drug possession charge will remain on your permanent record indefinitely unless you take action to have it expunged.

You may be eligible to have your drug possession charge expunged if:

  • You were acquitted of the charge
  • You were released without being charged
  • You were released after being charged, and the charge was dismissed
  • You were found to be innocent after being convicted
  • You received a pardon

Having a drug possession charge expunged can give you a fresh start and make it easier for you to move forward with your life. At The Moore Law Firm, PLLC, we can help you explore your options for having your drug possession charge expunged.

What to Do If You Are Arrested for Drug Possession in West Virginia

If you are arrested for drug possession in West Virginia, it is important that you remain calm and remember your rights. You should not say anything to the police that could incriminate you, and you should not resist arrest, even if you believe that you are innocent.

Once you are taken into custody, the police will read you your Miranda rights, which include the right to remain silent and the right to an attorney. You should exercise your right to remain silent and not answer any questions until you have a lawyer present.

You should also request to speak to your attorney as soon as possible. If you cannot afford to hire a lawyer, one will be appointed to represent you. It is important that you have a lawyer on your side to protect your rights and fight for you in court.

Why Choose The Moore Law Firm, PLLC?

At The Moore Law Firm, PLLC, we are committed to providing the aggressive representation that you need and deserve when facing drug possession charges. We understand the serious nature of these charges and the potential consequences that you may be facing.

When you choose our firm to handle your case, we will conduct a thorough investigation to uncover any evidence that could be used to challenge the charges against you. We will also work to negotiate a favorable plea agreement with the prosecution, if possible, and build a strong defense for you in court.

Our team is available to assist clients in Morgantown and the surrounding areas. Call (304) 521-2451today to schedule a consultation with a drug possession attorney in Morgantown.

Dedicated to Client Satisfaction

At The Moore Law Firm, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "We are beyond thankful for Jared Moore."
    Anytime we contacted him, he got right back to us in a mannered time. He explains everything. From possibilities to what to expect. He does everything in his power to get the best outcome!!
    Lacee
    "No stone left unturned."
    Jared Moore was more than helpful during the whole process and went out of his way to make sure I not only knew what to expect at each step but also made sure all bases were covered.
    Jacob
    "You can’t go wrong hiring Jared!!"
    Despite an impossible prosecutor, as well as missing/lost evidence, Mr. Moore aggressively and diligently sorted it all out
    Stacey and Steven
    "Jared goes above and beyond to make sure his clients are taking care of."
    Jared always kept the line of communication open and was very responsive if I had any questions.
    Jason

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A reputation for success throughout west virginia
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