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Possession with Intent – Heroin

Possession with Intent to Distribute Heroin in West Virginia

Frank Walker Law: Protecting Your Rights Against Serious Drug Charges

Heroin-related charges are among the most aggressively prosecuted crimes in West Virginia, with possession with intent to distribute heroin being one of the most severe. A conviction can result in life-altering consequences, including long-term imprisonment, substantial fines, and a permanent criminal record. If you are facing these charges, having an experienced and aggressive attorney by your side is crucial to mounting a strong defense. 

At Frank Walker Law, we have a proven track record of defending clients accused of drug offenses in West Virginia. Attorney Frank Walker has the experience, knowledge, and commitment to guide you through this difficult time and fight for the best possible outcome for your case. 

What Is Possession with Intent to Distribute Heroin?

Under West Virginia law, possession with intent to distribute heroin is a felony offense. To secure a conviction, prosecutors must prove two key elements: 

  1. You knowingly possessed heroin. 

  1. You intended to distribute, sell, or deliver the drug to others. 

The prosecution often relies on circumstantial evidence to prove intent, such as: 

  • Large quantities of heroin found in your possession. 

  • Drug paraphernalia like baggies, scales, or cutting agents. 

  • Large sums of cash, particularly in small denominations. 

  • Text messages or communications that suggest drug transactions. 

Because intent is subjective, it can often be challenged with the right legal strategy. 

Penalties for Possession with Intent to Distribute Heroin in WV 

West Virginia courts take heroin offenses seriously, reflecting the drug’s significant impact on communities. If convicted, you could face: 

  • Prison Time: Sentences range from 1 to 15 years or more, depending on the amount of heroin involved and whether you have prior convictions. 

  • Fines: Up to $25,000, creating significant financial burdens. 

  • Felony Record: A conviction will remain on your record, affecting your employment, housing, and other life opportunities. 

  • Enhanced Penalties: Charges may carry additional penalties if the offense occurred near a school, park, or daycare. 

A felony conviction for heroin distribution also carries a severe social stigma that can impact your personal and professional life for years to come. 

Defending Against Heroin Distribution Charges

A charge is not the same as a conviction. At Frank Walker Law, we thoroughly investigate every aspect of your case to craft the strongest defense possible. Common defense strategies include: 

  1. Challenging the Search and Seizure 

  • Did law enforcement have a valid warrant? Was the search conducted legally? If your rights were violated, we can seek to have the evidence suppressed. 

  1. Disputing the Evidence of Intent 

  • Possession alone does not prove intent to distribute. We will challenge the prosecution's interpretation of the evidence to argue that there was no intent to sell. 

  1. Examining Police Conduct 

  • We scrutinize the actions of law enforcement to identify misconduct, such as coercion, entrapment, or violations of your constitutional rights. 

  1. Exploring Plea Agreements or Diversion Programs 

  • In some cases, we may negotiate with prosecutors to reduce the charges or explore alternative sentencing options, such as drug treatment programs. 

Why Choose Frank Walker Law?

When facing heroin distribution charges, you need an attorney who understands the complexities of drug laws and has the skill to challenge the prosecution's case. Here's why Frank Walker Law is the right choice: 

  • Extensive Experience: Frank Walker has successfully defended clients against drug charges throughout Monongalia County, Morgantown, and across West Virginia. 

  • Aggressive Advocacy: We don’t back down from tough cases. We fight tirelessly to protect your rights and secure the best outcome. 

  • Personalized Defense: Every case is unique, and we develop a strategy tailored to your specific situation and needs. 

  • Clear Communication: We guide you through every step of the legal process, ensuring you understand your rights and options. 

Take Immediate Action to Protect Your Future 

If you have been charged with possession with intent to distribute heroin, the decisions you make now are critical. Early intervention by a skilled defense attorney can significantly impact the outcome of your case. 

At Frank Walker Law, we are committed to fighting for your freedom and your future. Contact us today for a confidential consultation. Let us put our experience and dedication to work for you. 

Frank Walker Law – Defending Your Rights, Protecting Your Future.