CRIMINAL DEFENSE LAWYER
FOR DRUG OFFENSES IN BECKLEY, WV
ENSURE YOUR RIGHTS DURING YOUR DRUG CASE
No matter what drug or other charges have been brought against you, the fourth amendment to the constitution guarantees due process of law. That includes the right to a fair trial and other aspects such as protection against illegal search and seizure. If your rights have been infringed, attorney Todd Houck is here to stand up for you. Contact us today to ensure your constitutional rights throughout the entirety of your case!
DRUG LAWS & SCHEDULES IN THE STATE OF WEST VIRGINIA
Different drug charges hold different penalties. The different levels, or schedules, of drugs are determined by state officials. Factors include the potential for abuse and dependence, pharmacological effects, and more. Controlled substances in the state West Virginia, similar to other states, are separated into schedules:
Schedule I: Heroin, LSD, ecstasy
Schedule II: Oxycodone, fentanyl, amphetamine, methamphetamine
Schedule III: Ketamine, anabolic steroids, etc.
Schedule IV: Diazepam, alprazolam, midazolam
Schedule V: Cough medicines with codeine
Depending on which schedule of drug you are charged with possessing, selling, or trafficking, you could be facing steep penalties. Generally, possession of scheduled drugs is considered a misdemeanor, and could result in jail time and fines up to $1,000. Selling or trafficking, on the other hand, can result in long-term incarceration and fines as high as $25,000 for each count.
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MARIJUANA LAWS & PENALTIES IN WEST VIRGINIA
While marijuana is a schedule I drug in the state of West Virginia, current events may lead people to believe otherwise. According to the West Virginia Code Chapter 60A: Uniform Controlled Substances Act, Article 4, the possession, selling, and trafficking/transportation of marijuana and drug paraphernalia can carry steep penalties. These penalties are as follows:
POSSESSION: Misdemeanor; 90 days to six months in jail and a fine of up to $1,000
REPEAT POSSESSION: Misdemeanor; up to a year in jail and a fine of $2,000
SELLING: Felony; up to 15 years in prison and a fine of up to $25,000
REPEAT SELLING: Felony; two to 15 years in prison and a fine of up to $25,000
TRAFFICKING: Felony; one to 15 years in prison and a fine of up to $25,000
DRUG PARAPHERNALIA: Misdemeanor; six months to one year in jail and a fine of up to $5,000
Generally speaking, repeat or subsequent offenses may have double the fines and penalties. Regardless of how many times you have been arrested for possessing, selling, or transporting marijuana, you have rights that attorney Todd Houck intends to protect. Call our law offices in Beckley, WV, or Mullens, WV, today at (304) 294-8055 for a free consultation!