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Blog

Drug Possession

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While opinions on marijuana use and changes in state drug laws are sweeping the nation, the penalties for drug charges in Virginia remain stiff as ever. With the exception of some simple possession or possession of drug paraphernalia charges, most drug charges are classified as felonies. A conviction can result in decades-long prison sentences and thousands of dollars in fines.

Don’t let a drug possession charge ruin your life!

If you or a member of your family was arrested for possession of marijuana or another controlled substance, contact Gardner & Mendoza, P.C., so we can work to get those charges reduced or even dismissed! We have experience in every courtroom throughout the region.

STATE AND FEDERAL DRUG DEFENSE

Depending on the drug involved, the quantity, and the circumstances of the charge, your case may involve state and/or federal court. Our criminal defense lawyers have experience with both. We have pursued cases involving marijuana, crack and cocaine, heroin, meth, club drugs like MDMA, and prescription drugs like Xanax and Ritalin. We have fought all kinds of drug charges, including possession with intent to distribute, drug manufacturing and drug trafficking. Our breadth of experience is an invaluable asset that not all criminal defense firms can offer.

INNOCENT UNTIL PROVEN GUILTY

While many other attorneys rush into plea bargaining, we believe in a thorough, rights-guided approach. The prosecution has to prove your guilt beyond a reasonable doubt, and we hold them to that standard. Our approach often results in case acquittal or dismissal due to insufficient evidence, law enforcement mistakes, and/or constitutional rights infringements, including unlawful stop or failure to read Miranda rights at the time of the arrest.

When you work with us, you will be satisfied knowing that your best interests are protected. We do everything possible to keep your permanent record from hindering your future prospects. Whether you are a college student looking to complete your degree, a military service member on base in Virginia, a young professional who is new on the job market, or someone who is established in your community and career, we can help.

Top 3 Questions Our Clients Ask:

Will I go to jail? A first-time marijuana possession conviction is punishable by up to 30 days in jail. The potential for jail time escalates based on the drug type and offense frequency. Possession of a Schedule I or II controlled substance can land you a jail sentence of up to 10 years.

Did they have a right to search my vehicle? As a general rule, police officers cannot search your car unless you give them consent to do so.  You do not have to consent if the officer asks to search your car.  Just tell the officer, respectfully, that you do not consent to a search of your vehicle. However, there are some circumstances where an officer may have probable cause to search your vehicle without your consent.  If there is evidence of illegal activity within plain view inside the car, then the officer has probable cause to search your vehicle, with or without your consent. For example, a police officer pulls you over because one of your brake lights is out.  While asking you for your license and registration, the officer notices marijuana in the ashtray.  That officer now has probable cause to search your vehicle.

Can this get thrown out because they didn’t give me my rights? Probably not. Miranda Rights are when the officer reminds you that you have the right to remain silent and the right to an attorney. Officers are only required to read these rights when they intend to conduct a “custodial interrogation,” or in layman’s terms when trying to get you to confess to something. If the officer feels they have enough evidence to warrant a drug possession arrest, they won’t bother reading the Miranda Rights.

Sample Case Results:

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3/10/2017

Location: Norfolk General District Criminal Court

Charge: Marijuana Possession

Disposition: Dismissed

10/5/2016

Location: Norfolk Traffic General District Court

Charge: Marijuana Possession/Accident

Disposition: Dismissed

Testimonials

“John Gardner represented one of my laborers for pretrial. He miraculously was able to get him out on a manageable bond. This was through persistent negotiation and fact-finding. If not for John Gardner, my worker would be jailed through numerous delays, which have amounted to months. Instead, he has been able to work, care for a handicapped nephew and attend a family funeral. This is all possible because the Gardner and Mendoza team take every step of the legal process as if it were the trial itself.” –Conrad M.

“I was very anxious about going to court; however, Attorney Gardner and Staff provided easy and comfort for me. Everything went GREAT for me, and I would highly recommend them to anyone. Thank you again, Mr. Gardner and team, you were a blessing!” –L. Freeman

“I have recommended John to others on many occasions and for those that hired him, John has either won the case or had it dismissed. He is kind, professional, & very knowledgeable. He will continue to be my #1 recommendation to those in need of his services.” -Rachel

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If you’re facing charges of drug possession, you’re in the right place. When you work with us, you will have the satisfaction of knowing that your best interests are being protected. We do everything possible to keep your permanent record from hindering your future prospects. Whether you are a college student looking to complete your degree, a military service member on base in Virginia, a young professional who is new on the job market, or someone who is established in your community and career, we can help.

Schedule a Consultation

Schedule your free consultation by calling (757) 464-9224 or contact us online.  We offer military discounts to service members and their families; inquire within.


Related Criminal Immigration Topics: Drug Possession With Intention to Distribute  |  Underage Possession of Alcohol  |  Assault & Battery  |  Theft  |  Concealed Weapons Violations  |  Marriage Fraud

Related Article: Dos & Don’t When Arrested for Drug Possession

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Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
  • 757-561-0999
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Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base.

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