Jon Moseley, ATTORNEY AT LAW
Reston, VA Drug Attorney
Drug Law Overview
and the federal government have laws against unlawful use, possession, distribution or production of certain drugs. These include cocaine, heroin, marijuana and amphetamines. The laws aim to reduce illegal drug use and cut down on drug-related crimes.
There are five categories, or "schedules," of drugs based on their potential for dependency and abuse as compared with their therapeutic value. Schedule I controlled substances have the highest potential for dependency and no accepted medical use. Schedule V drugs have a low potential for dependency and accepted medical uses.
The most severe penalties for illegal possession, sale or manufacture of drugs involve those listed in Schedule I. The Attorney General has the authority to delete, add or reschedule drugs. State schedules refer to or are based on federal schedules.
The punishment for drug crimes in generally depends on:
- The quantity of the drug
- Its classification under the schedules
- The purpose of possession
The most serious drug crimes are:
- Producing illegal drugs
- Manufacturing drugs
- Selling drugs
Possession of drugs with the intent to distribute them is a serious crime. Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence you actually distributed the drug.
In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. If there's a conviction, the punishment is often probation or a fine, and not prison. However, possessing larger amounts of illegal drugs, even for personal use, may be a serious crime.
Most minimum sentences range from one year in jail to three years in prison for first-time offenders. The minimum sentences for repeat offenders? Three to 12 years in prison.
Some states have enhanced penalties for drug crimes. These apply if:
- Minors are used to distribute the drugs
- The drugs are delivered or sold to minors
- The drugs are sold or distributed near schools
Enhanced punishments vary by state. You may also be in danger of "forfeiting" your property if you're convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize it.
Professional Drug Dealers
Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing or managing a business to manufacture, transport or sell drugs, commits a serious crime.
There are special sentences for professional drug dealers. Federal law even has the death penalty for drug kingpins. Some states impose 25 years in prison without parole for professional drug dealers.
Questions for Your Drug Lawyer
- Do I need a lawyer if I'm going to plead guilty to a drug crime charge?
- What are drug schedules?
- What are sentencing guidelines?
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Jon Moseley, Attorney
Jonathon Moseley delivers the results you need at a price you can afford. Jonathon Moseley is a licensed attorney in the Commonwealth of Virginia, admitted before the Supreme Court of Virginia (meaning that he is admitted in all the Courts of Virginia). He is admitted in the U.S. District Court for the Eastern District of Virginia and the U.S. District Court for the District of Columbia.
Moseley's depth and inter-disciplinary abilities have often proven extremely valuable to finding the best solutions for a client's real needs instead of superficially applying knee-jerk, 'off the shelf' legal responses. Many attorneys know only the practice of law, and see things only within their familiar patterns.
Jonathon Moseley is a graduate of George Mason University School of Law in Arlington, Virginia, with a Bachelor of Science in Business Administration majoring in Finance from the University of Florida with a graduate year of accounting. Moseley pursued a physics degree at Hampshire College taking courses at the University of Massachusetts at Amherst, before changing to business school. He spent 5 years in the U.S. Department of Education working with budgeting, government contracting, grants, the auditing of goverment grants and contracts, and Federal management issues.
Jonathon Moseley brings a breadth of experiences and knowledge to legal assistance for clients, drawn from a three-dimensional and diverse career. Moseley's depth and inter-disciplinary abilities have often proven extremely valuable to finding the best solutions for a client's real needs.
An attorney like Moseley can examine your whole situation without blinders and see what others easily miss. Moseley has often helped clients by recognizing, exploring, and developing possibilities that were missed by attorneys with one-track thinking.