DC Drug Lawyer

The Importance of Hiring a Criminal Defense Attorney

When you choose to retain our firm, you get more than just legal representation; you get a team of dedicated professionals who will defend your rights and liberties. You need someone who has extensive knowledge of drug crime laws and can navigate the court system.

We understand how stressful a criminal investigation and trial can be. The process is tough and requires a certain level of emotional stability and a positive outlook, which seems quite difficult when you are bound and weighed down by worries.

Consulting with a knowledgeable lawyer with experience in narcotic drug cases and other related crimes will help you get the sufficient information you need to navigate through your situation. Our attorneys have represented clients in both state and federal courts.

We take pride in providing quality legal services to each client. Whether you are accused of simple possession or dealing large amounts of drugs, we provide aggressive advocacy and strategies to achieve favorable results.

Our DC drug possession lawyer can help you understand your legal options and guide you through the process. They will investigate the facts of your case thoroughly and develop a strategy to ensure you receive the best possible outcome.

What Is a Controlled Substance?

A controlled substance is a drug or chemical whose manufacture, possession, or distribution is regulated under federal and District of Columbia law. These substances are categorized into schedules based on their potential for abuse and accepted medical use.

Common examples of controlled substances in Washington DC include:

• Cocaine
• Heroin
• Methamphetamine
• Oxycodone and other prescription opioids without a valid prescription
• Certain synthetic drugs and narcotics

Possessing, distributing, or manufacturing these substances without authorization can lead to criminal charges in DC.

Unlike other jurisdictions, the District of Columbia treats drug-related offenses differently. For example, penalties may not be calculated based only on the amount of the controlled substance. DC also takes into account other factors, including:

• Where the drugs were found
• Their intended use
• What kind of substance is found

In Washington, DC, it’s illegal to have any controlled substance unless you have a prescription for it or you obtained it with legal authorization. Methamphetamine, cocaine, heroin, and oxycodone are just controlled substances.

However, although medical and recreational use of marijuana is legal, there are certain limits. For example, if you are under 21 and you have less than 40 grams of marijuana, you could end up being charged with a misdemeanor. Most other drug-related possession charges are felonies.

Facing a felony charge and criminal investigation may change your life. Getting help from an experienced lawyer will provide you with the necessary information about your case, your legal options, and the possible outcomes. That’s why it’s essential to hire a Washington, DC, criminal defense attorney who can help you understand the charges you are facing and restore your freedom and reputation.

No matter how complex your case may be, Washington, DC, drug lawyers at Scrofano Law PC are here for you.

How Does Proving Constructive Possession Work?

To prove constructive possession, the government will look to various types of evidence.

For example, did the defendant or other witnesses make statements that show ownership of the contraband? If the items are found in plain view, the government can usually argue that the defendant knew about the illegal substance.

If forensic evidence like fingerprints or DNA exists on the contraband and matches the defendant, that can be powerful evidence of constructive possession. The evidence can prove that the defendant exercised control over the drugs by touching them at least once.

Another type of evidence is having exclusive or limited access to where the drugs are found.

For example, police searched a residence and found drugs in a lockbox. Then they search the resident of the property and find a key to the same locker in that person’s pocket. That would constitute robust evidence of knowledge and intent to control the drugs.

Possession of a Controlled Substance

For simple drug possession cases, the government will often agree to diversion, including some combination of community service, drug treatment, or both.

Diversion allows criminal defendants to resolve cases without a plea or trial. The government requires the defendant to complete conditions, and if the defendant complies, the government will dismiss the case.

DC Superior Court also has a specialized court for some eligible defendants called drug court that allows for successful drug treatment to lead to getting the charges dismissed.

However, possession of PCP in DC is treated more seriously than other types of drugs. The DC City Council passed a law that made possession of PCP in its liquid form a felony. Many PCP users dip cigarettes or joints into the liquid and sell the cigarettes individually.

Accordingly, the law assumes that if someone has it in liquid form, they intend to sell it. However, for other illegal drugs like cocaine, heroin, amphetamines, etc., simple possession is not enough to charge someone with a felony.

Distribution of a Controlled Substance

The distribution of a controlled substance is the most serious drug offense.

For distribution, the police must witness or catch the person in the act of selling or distributing the drug. These cases typically involve an undercover officer purchasing from a suspected drug dealer and then making the arrest.

Given recent changes in marijuana law in DC, the rules are different if the substance is marijuana. Marijuana remains illegal under federal law.

However, DC has legalized the possession of a certain quantity for individuals in the city. Accordingly, the DC crime of possession of marijuana no longer exists, but the federal crime exists. It is still illegal to sell marijuana in DC and smoke it publicly under DC laws.

But, it is not illegal to give small quantities of it away for free. That creates a confusing legal environment for District residents. Unfortunately, until greater acceptance of marijuana possession occurs on the federal level, that is just the way it is.

How Prosecutors Prove Drug Charges in Washington DC

In many drug cases, prosecutors must prove several elements in order to obtain a conviction. These typically include:

• The defendant knowingly possessed a controlled substance.
• The substance was illegal under DC or federal law.
• The defendant had control over the substance or the location where it was found.

In cases involving distribution or intent to distribute, prosecutors may also rely on additional evidence such as:

• Large quantities of drugs
• Packaging materials or scales
• Text messages or communications indicating sales
• Witness testimony

Understanding how prosecutors build these cases can help defendants better understand the legal process and possible defense strategies.