Possession with Intent – Marijuana
Possession with Intent to Distribute Marijuana in Monongalia County, WV
Frank Walker Law: Experienced Defense Against Serious Drug Charges
In recent years, the landscape of marijuana laws has shifted in many states, but possession with intent to distribute marijuana in West Virginia remains a serious felony offense. Despite growing acceptance of marijuana use in some parts of the country, West Virginia still enforces strict drug laws, particularly when it comes to distribution. A conviction for possession with intent to distribute marijuana can result in severe legal consequences, including lengthy prison sentences, heavy fines, and a lasting criminal record.
If you are facing charges for possession with intent to distribute marijuana in Monongalia County or elsewhere in West Virginia, it’s crucial to have a skilled criminal defense attorney by your side. At Frank Walker Law, we have extensive experience defending clients in drug-related cases. Attorney Frank Walker is committed to providing aggressive representation to ensure your rights are protected throughout the legal process.
What Is Possession with Intent to Distribute Marijuana?
Under West Virginia Code §60A-4-401, possession with intent to distribute marijuana is a felony. To secure a conviction, the prosecution must prove two essential elements:
Possession: You were in possession of marijuana.
Intent to Distribute: You intended to sell, distribute, or deliver the marijuana to others.
The intent to distribute can be inferred from the amount of marijuana in your possession, as well as other factors such as:
Packaging materials (baggies, scales, etc.).
Large amounts of cash, particularly in smaller denominations.
Drug paraphernalia commonly associated with distribution.
Text messages or communications that suggest drug trafficking activity.
Even though the amount of marijuana in your possession may seem like it is for personal use, law enforcement may argue that the circumstances suggest intent to distribute. That’s where a strong defense can make a significant difference.
Penalties for Possession with Intent to Distribute Marijuana in West Virginia
In West Virginia, the penalties for possession with intent to distribute marijuana depend on the amount involved and prior criminal history. If convicted, you could face:
Imprisonment: The penalties range from 1 to 5 years in prison, with the possibility of an enhanced sentence if the amount of marijuana exceeds a certain threshold or if you have prior felony convictions.
Fines: Fines can reach up to $15,000 or more, creating significant financial hardship.
Criminal Record: A felony conviction for drug trafficking will remain on your permanent record, affecting your ability to find employment, secure housing, or pursue other opportunities.
Enhanced Penalties: If you are found guilty of distributing marijuana near schools, parks, or other public spaces, you may face additional penalties.
Given the severe consequences, it’s vital to take the charges seriously and seek legal counsel right away.
Defending Against Possession with Intent to Distribute Marijuana
There are various defense strategies that can be employed to challenge the prosecution's case. At Frank Walker Law, we will thoroughly investigate the details of your case and use all available legal tools to fight the charges. Some common defense strategies include:
Challenging the Legality of the Search and Seizure
If law enforcement violated your rights by conducting an unlawful search or seizure, any evidence obtained may be inadmissible in court. This could lead to the dismissal of the case.
Disputing the Amount of Marijuana
The prosecution must prove that the amount of marijuana in your possession is consistent with distribution, not personal use. We can challenge the evidence regarding quantity, including the reliability of the methods used to measure it.
Disproving Intent to Distribute
Possession of marijuana does not automatically equate to intent to distribute. We will carefully examine the circumstances to challenge any claims that suggest you intended to sell or distribute the drug.
Questioning the Evidence
Was there improper handling of evidence? Was there a lack of probable cause to arrest you or search your property? We scrutinize every piece of evidence to find any weaknesses in the prosecution’s case.
Plea Negotiations
In some cases, we may be able to negotiate a favorable plea deal, potentially reducing the charges or avoiding severe penalties.
Why Choose Frank Walker Law?
When you are facing felony charges for possession with intent to distribute marijuana, it’s important to choose a criminal defense attorney who understands the complexity of drug laws in West Virginia. Here’s why Frank Walker Law is the right choice for your defense:
Experienced Criminal Defense: Frank Walker has years of experience defending individuals against drug charges in Monongalia County, Morgantown, and throughout West Virginia.
Aggressive Advocacy: We fight hard to protect your rights and will explore every option available to ensure the best possible outcome for your case.
Tailored Defense Strategy: Every case is different, and we will build a defense strategy specifically designed to address the facts of your case.
Clear Communication: We believe in keeping our clients fully informed and involved in the process, ensuring that you understand your options and the potential outcomes.
Contact Frank Walker Law Today
If you are facing charges for possession with intent to distribute marijuana in Monongalia County, Morgantown, or anywhere in West Virginia, time is of the essence. The sooner you reach out to a qualified criminal defense attorney, the better your chances of achieving a favorable outcome.
At Frank Walker Law, we are dedicated to providing aggressive and effective representation for clients facing drug distribution charges. Don’t face these charges alone—let us help you protect your future.
Contact Frank Walker Law today for a confidential consultation. Let us put our experience to work for you.
Frank Walker Law – Defending Your Rights, Protecting Your Future.