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What to Do If Arrested for Possession with Intent to Distribute Controlled Substances in West Virginia

Frank C. Walker II Feb. 27, 2025

Being arrested for possession with intent to distribute controlled substances is a serious matter in West Virginia. If you or someone you know is facing such charges, it’s essential to understand your rights, the legal process, and potential penalties. With the right legal guidance, you can navigate this challenging situation with greater confidence.

At Frank Walker Law, we are committed to defending your rights and providing expert legal counsel when facing criminal charges, including possession with intent to distribute. Let’s take a closer look at what to do if you are arrested for this offense and what penalties may be involved.

1. Remain Calm and Exercise Your Rights

The moments immediately following your arrest can be overwhelming, but it’s important to stay calm and remember that you have rights. You have the right to remain silent and not answer any questions without an attorney present. Anything you say can be used against you in court, so it’s best to refrain from speaking about the incident until your attorney arrives.

Ask for legal counsel right away. Frank Walker Law has experience with criminal defense and can provide guidance during every step of the process, ensuring you understand your options and protecting your rights.

2. Understand the Charges

Possession with intent to distribute is more serious than simple possession of drugs. This charge applies when law enforcement believes that you had the drugs in your possession with the intention of selling or distributing them. In West Virginia, controlled substances are classified into different schedules based on their potential for abuse and medical use.

Common controlled substances involved in distribution cases include:

  • Cocaine

  • Heroin

  • Methamphetamine

  • Prescription drugs (e.g., oxycodone, fentanyl)

Law enforcement and prosecutors will gather evidence to prove that you had the drugs with the intent to distribute. This may include things like large quantities of drugs, scales, packaging materials, or cash.

3. The Legal Process

After your arrest, you will likely go through several stages of the legal process, including:

  • Arraignment: This is where you will formally hear the charges against you. You may enter a plea of guilty, not guilty, or no contest at this stage. It’s crucial to have legal counsel to guide you through this decision.

  • Pretrial Motions and Hearings: Your defense attorney may file motions to challenge the evidence or request a reduced bail. Depending on the circumstances, you may also negotiate with the prosecution for a plea deal or reduction of charges.

  • Trial: If your case goes to trial, both sides will present evidence and arguments. It’s your right to have a fair trial, and a strong defense team can challenge the prosecution’s evidence and try to have the charges reduced or dismissed.

4. Possible Penalties for Possession with Intent to Distribute in West Virginia

The penalties for possession with intent to distribute vary based on the type of substance involved, the quantity, and your criminal history. West Virginia law imposes severe penalties for this crime:

  • Cocaine, Methamphetamine, and Heroin: Possessing a significant amount of these drugs with the intent to distribute can result in 3 to 15 years in prison and fines of up to $25,000. Aggravating factors, such as prior convictions or distributing near schools, can increase these penalties.

  • Marijuana: Although marijuana is legal for medical use in West Virginia, distributing large amounts for recreational use can still carry 1 to 5 years in prison and substantial fines.

  • Prescription Drugs: Distributing prescription drugs without authorization is a felony offense and can result in 2 to 10 years in prison, with fines depending on the severity of the crime.

Other factors, such as whether you have a history of drug offenses or if minors were involved, can impact the severity of the charges and penalties.

5. Defenses Against Possession with Intent to Distribute Charges

There are several potential defenses against possession with intent to distribute charges. A skilled criminal defense attorney may argue:

  • Lack of intent: The prosecution must prove you intended to distribute the drugs. If there’s no concrete evidence to support this, your charges may be reduced.

  • Unlawful search or seizure: If evidence was obtained through an illegal search, it may be inadmissible in court.

  • Insufficient evidence: The prosecution must prove that you had the drugs in your possession with the intent to distribute. If the evidence doesn’t support this claim, the case may be dismissed.

6. Get Legal Help from an Experienced Criminal Defense Attorney

If you’ve been arrested for possession with intent to distribute controlled substances, time is of the essence. The earlier you consult with a skilled criminal defense attorney, the better your chances of a favorable outcome.

At Frank Walker Law, we have years of experience representing clients in West Virginia and fighting for the best possible results. Whether you’re facing drug charges for the first time or have prior convictions, we’ll work tirelessly to develop a defense strategy that suits your case.

We understand that being arrested can be a stressful and uncertain time. Let us provide you with the expertise and legal support you need to navigate through this difficult situation.

Contact Frank Walker Law Today

If you or someone you know is facing charges for possession with intent to distribute controlled substances in West Virginia, contact Frank Walker Law today for a confidential consultation. We’ll evaluate your case and fight to protect your rights, future, and freedom.

Call now or visit our website to schedule your appointment.

At Frank Walker Law, we are here to guide you through this challenging time and provide the experienced legal defense you need. Let us help you achieve the best possible outcome for your case.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.