Drug Crimes
At Joshua Ellis Law, PLC, we recognize the serious impact a drug-related charge can have on your life. Consequences may include incarceration, significant fines, and lasting effects on employment, education, and future career opportunities. We are dedicated to providing strategic defense in these cases, ensuring that every client receives representation tailored to their individual circumstances and guided by a thorough understanding of Virginia law.
Defending Against a Range of Drug Charges
We provide representation in a wide array of drug-related cases, including possession of Schedule I or II substances, possession of Schedule III substances, possession with intent to distribute, and drug-related DUI matters. Each type of charge carries different penalties and evidentiary requirements. At Joshua Ellis Law, PLC, we approach these cases with attention to detail and careful preparation, working to identify defenses and achieve favorable outcomes.
Actual vs. Constructive Possession
One of the central issues in many drug prosecutions is the concept of possession. Actual possession involves substances found on a person, while constructive possession refers to circumstances where drugs are discovered in an area over which an individual may have control, such as a vehicle or shared space. These distinctions can create evidentiary challenges for the prosecution. We examine each case closely, challenging whether the evidence truly establishes possession. The law is clear that proximity to a substance does not alone prove possession. For a person to possess a substance, the person must have knowledge of the presence and character of a substance, and a substance must be under a person’s custody and control.
Developing a Defense Strategy
Drug offenses range from misdemeanors to serious felony charges, and every case requires a defense strategy shaped by the unique facts of the case. At Joshua Ellis Law, PLC, potential defense approaches may include challenging the legality of a search or seizure, disputing allegations of intent or knowledge, or presenting evidence of a lawful prescription. By analyzing the procedures followed by law enforcement and the strength of the Commonwealth’s evidence, we work to safeguard our clients’ constitutional rights and hold the Commonwealth to their burden to prove every element of the offense.
Our Commitment
Drug charges can place your freedom and future at risk. At Joshua Ellis Law, PLC, we are committed to carefully reviewing every aspect of your case and providing clear communication throughout the process. While no attorney can guarantee results, we dedicate our time and resources to mounting the strongest defense available under the circumstances of the case. We offer free initial consultations by phone or in office to discuss your case.