McClain Rosenthall Davis, PLLC serves clients accused of the possession, distribution and manufacturing of controlled substances. With over 40 years of combined experience dealing with such charges, McClain Rosenthall Davis, PLLC is the firm you need in your corner, as we help you mount an aggressive defense those charges affecting you, including: Possession of Controlled Substances, Distribution or Possessing with the Intent to Distribute Controlled Substances, Manufacturing Controlled Substances, Prescription Drug Fraud or Theft.
Our lawyers review and consider every detail of your situation, including the charges you face, your criminal history and your goals before offering advice on the defense strategy that offers the best chance of success.
Many people who are arrested for drug-related offenses find themselves wrapped in a downward spiral of fear, frustration and anger. With the full weight of the legal system on your shoulders, who wouldn’t be afraid?
All is not lost, however. If you have been charged with a drug crime in Virginia, you have several defense options that may limit the harm caused by a conviction. These defense options include:
Depending on the nature of the charges, the controlled substances involved and your criminal record, it may be possible to negotiate a favorable plea bargain. An effective negotiated plea may result in reduced charges or penalties. It may even be possible to negotiate the dismissal of the charge or the removal of the conviction following completion of a treatment program.
Drug charges are often based on very technical and scientific details, such as the chemical makeup of a substance or the location of paraphernalia within a vehicle. The prosecution must demonstrate the validity and accuracy of these details and evidence beyond a reasonable doubt. In some cases, disputing these details in a judge or jury trial provides the best chance of having the charges dismissed or reduced.
In some cases, even a conviction does not necessarily mean you’ll be spending weeks or months in jail. Virginia offers a number of alternative sentencing programs that may allow you to serve a jail sentence on weekends, or on work release. These options may be the boost you need to seek treatment, keep your job or support your family.
To help you take control of your legal proceedings, our attorneys explore every available defense strategy. We overlook no option for helping you protect your future against the lasting damage caused by a drug conviction.
To ensure that police officers and staff acted in accordance with the law, we examine every detail of your case, including:
To conduct a legal traffic stop and search of your person or property, law enforcement officers must have probable cause. Without probable cause or your expressed permission, a search is deemed unconstitutional. We review police statements to identify their cause for the stop and search and make note of any deviations from proper procedures or infringements upon your rights. These factors often play a key role in a successful defense.
Law enforcement officers are held to a high standard when making an arrest. Failure to follow these standards or set procedure may open the doors to a successful defense. We review all police actions during the arrest to search for issues, such as a failure to administer Miranda rights, that can be used to create your defense.
To prove the case against you, the prosecution must conduct scientific testing to verify the substance in question is a controlled drug. If this testing is done improperly or not done at all, the case against you may be weakened significantly. We review every aspect of these tests, including the timing, who conducted the tests and the chain of evidence to search for any inconsistencies in the process.
Your criminal background and who you are as an individual plays a major role in the outcome of drug charges. College students and young adults often face less-damaging penalties than individuals with a criminal history and previous drug convictions. Framing your background and personality in the proper light may mean the difference in your case.
Using the information gained during our investigation, we explore every potential defense option, including court trial, plea negotiation and alternative sentencing programs. No opportunity to protect your future is overlooked during our search for a favorable resolution to your drug charges.
If you have been charged with a drug offense, it is important to remember that you have significant rights, including the right to defend yourself. McClain Rosenthall Davis, PLLC provides the guidance and representation you need to exercise that right and protect your future against the damage stemming from a drug conviction.
Request a consultation online or call (703) 356-2442 | (703) 934-0101 to schedule your initial consultation today.
