DC Drug Lawyer

In the District of Columbia, drug-related criminal charges can range from misdemeanors to felonies, contingent on diverse circumstances and the facts of each individual situation. Unlike numerous other jurisdictions, the DC court system typically emphasizes treatment over incarceration when dealing with drug possession.

Nevertheless, facing incarceration in Washington, DC, for drug offenses remains a possibility. The DC code outlines three fundamental drug-related violations: possession, possession with the intention to distribute, and distribution. 

Simple possession of drugs for personal use, particularly illegal narcotics, is categorized as a misdemeanor with a maximum penalty of 180 days in jail and/or a $1,000 fine.

Regardless of the nature of the criminal charges or allegations you confront, choosing an expert DC criminal defense attorney is the most pivotal decision one faced with such charges can make post-arrest. At Ervin Kibria Law, our attorneys are the city's leading riminal defense attorneys, with extensive experience aggressively defending clients against various criminal charges.

The Effectiveness of Hiring a DC Drug Charge Lawyer

By choosing our firm, you secure legal representation and enlist a dedicated team of elite professionals committed to vigorously safeguarding your rights and freedoms. It is imperative to have a leading attorney well-versed in DC drug crime laws and adept at navigating the intricacies of the court system.

We understand the stress and challenges of facing a criminal investigation and possibly a criminal trial. The process is difficult, demanding emotional stability and a positive outlook, particularly when surrounded by worries. But most importantly, the process demands the side of expert, experienced legal counsel.

Seeking guidance from a knowledgeable, aggressive, attorney experienced in narcotics and drug cases and related offenses can provide the essential resources needed to navigate your circumstances and defend yourself. With a track record of representing clients successfully in both local DC and federal courts, we have successfully handled thousands of drug cases in Washington, DC.

Our strength lies in delivering top-notch, expert, and elite legal representation and services to each client, whether facing allegations of simple possession or large-scale drug distribution. We offer elite, expert,. aggressive advocacy and effective strategies to attain favorable outcomes.

Our elite DC drug possession lawyer ensures you benefit from the expertise of the leading DC criminal defense attorney. After thoroughly investigating the facts of your case, they craft a strategic, tailored approach to secure the best possible outcome for you.

What constitutes a controlled substance?

A controlled substance refers to a substance or drug subject to regulation by existing federal law within the classifications of Schedule I through Schedule V of the Controlled Substances Act (CSA). Schedule I-controlled substances are subject to the most stringent regulations.

Unlike some other jurisdictions, the District of Columbia handles drug-related offenses in a unique manner. Penalties are not solely determined by the quantity of the controlled substance involved; DC also considers additional factors, such as:

1. The location where the drugs were discovered

2. The intended purpose of the substances

3. The nature of the substance found

In Washington, DC, possessing any controlled substance without a valid prescription or legal authorization is illegal. Examples of controlled substances include methamphetamine, cocaine, heroin, and oxycodone.

While medical and recreational use of marijuana is permitted, there are specific limitations. For instance, individuals under 21 found with less than 40 grams of marijuana may face misdemeanor charges. Most other drug-related possession offenses are classified as felonies.

Confronting a felony charge and undergoing a criminal investigation can significantly impact your life. Seeking assistance from an expert, leading attorney will provide crucial insights into your case, legal alternatives, and potential outcomes. It is imperative to engage a Washington, DC, criminal defense attorney who can guide and defend you aggressively through the charges, aiding in the restoration of your freedom and reputation.

Regardless of the complexity of your case, the expert drug lawyer at Ervin Kibria Law in Washington, DC, is available to represent you.

Defining Drug Possession in the District of Columbia

In the District of Columbia, the concept of possession is outlined in two distinct ways. Firstly, "actual possession" is established when an individual physically possesses the drugs, such as when they are found in their pocket or a backpack they are carrying.

However, not all possession scenarios neatly fit into this definition. Possession can be “constructive.” For instance, when the police discover drugs in the backseat of a vehicle with three occupants, determining ownership becomes a challenge. It can be said that all three occupants have constructive possession.  A similar complication arises when drugs are found in a vehicle during a DUI arrest of the driver. The drive can be held to have constructive possession. If there is no one else in the vehicle and the vehicle is registered to the diver, that would be seen as actual possession.

Constructive possession can also be found when law enforcement executes a search warrant in a residence shared by multiple individuals and items are discovered. In such cases, the government adopts the concept of "constructive possession." To establish constructive possession, the government is required to demonstrate that the defendant:

1. had knowledge of the presence of the drugs.

2. Possess the ability to exercise control over them.

How is constructive possession established?

Establishing constructive possession involves the examination of various forms of evidence by the government.

For instance, the government may assess whether the defendant or other witnesses have made statements indicating ownership of the prohibited items. If the contraband is discovered in plain view, it provides grounds for the government to argue that the defendant was aware of the illicit substance.

Forensic evidence, such as fingerprints or DNA matching the defendant, serves as compelling proof of constructive possession. Such evidence establishes that the defendant exerted control over the drugs by coming into contact with them.

Exclusive or limited access to the location where the drugs were discovered is another form of evidence. For instance, if the police find drugs in a lockbox within a residence and subsequently discover a key to the same locker in the pocket of the property's occupant, this constitutes strong evidence of the individual's knowledge and intent to control the drugs.

Collaborate with the Premier DC Drug Defense Lawyer 

Every criminal allegation, even a misdemeanor, carries significant legal implications.

When confronted with a drug charge in Washington, DC, it becomes crucial to consult with an expert, experienced drug attorney. The penalties for drug offenses hinge on various factors, including case specifics, substance type, and the individual's criminal history.

For instance, a conviction for manufacturing, distributing, or possessing a Schedule I narcotic or abusive drug with intent to sell could result in a maximum sentence of 30 years in jail and fines reaching $75,000.00.

Conversely, being convicted of the same offense involving Schedule I, II, or III substances not classified as abusive drugs may lead to up to five years in prison and fines up to $12,500.00.

This underscores the necessity of retaining the best defense lawyer experienced in handling such cases.

An expert Washington, DC, defense attorney can outline potential outcomes, vigorously fight protect and defend your rights, and secure the most favorable resolution. The elite drug defense attorney at Ervin Kibria Law in Washington, DC, possesses the expertise to construct a robust defense tailored to your specific charges.

Controlled Substance Possession

In cases of simple drug possession, the government frequently considers diversion, involving a combination of community service, drug treatment, or both.

Diversion enables individuals facing criminal charges to resolve their cases without going to trial. The government imposes specific conditions for the defendant to fulfill, and upon compliance, the case is dismissed.

The DC Superior Court offers a specialized drug court for eligible defendants, allowing successful drug treatment to result in the dismissal of charges of most charges.

Nevertheless, the possession of PCP in DC is treated with greater severity compared to other illicit substances. The DC City Council enacted a law classifying possession of liquid PCP as a felony. This distinction arises because many PCP users dip cigarettes or joints into the liquid and sell them individually.

As a consequence, the law presumes that possessing PCP in liquid form indicates an intent to sell. In contrast, for other illegal drugs such as cocaine, heroin, amphetamines, etc., mere possession is insufficient to warrant a felony charge.

Possession with the Intent to Distribute

In the District of Columbia, the act of possessing illegal drugs with the intention of selling or giving them away constitutes a felony known as possession with the intent to distribute.

To bring charges for possession with the intent to distribute, the government must establish "indicia of sale" to indicate that the individual in possession of the drugs has a mindset extending beyond mere personal use.

Examples of indicia of sale encompass:

1. Possession of substantial quantities of the drug.

2. carrying a significant amount of cash at the time of arrest.

3. having drug paraphernalia in one's possession.

4. Making statements or engaging in actions that demonstrate an intent to sell.

It is important to note that the law does not differentiate between selling the drugs or giving them away for free; both actions are categorized as "distribution."

Distribution of a Controlled Substance

Engaging in the distribution of a controlled substance stands as the most serious and severe drug-related offense. Law enforcement authorities must observe or apprehend an individual in the act of selling or distributing the illicit substance to establish a case. Typically, these incidents involve undercover officers procuring the substance from a suspected drug dealer, leading to subsequent arrests.

In the context of recent alterations to marijuana laws in Washington, DC, different regulations apply when the controlled substance in question is marijuana. Despite its legalization at the state level, marijuana remains illegal under federal law.

Notably, possession of a specific quantity of marijuana is now legal for individuals within the city limits of DC. Consequently, the criminal charge of simple possession (of a legal amount) of marijuana in DC has been nullified, though the federal offense persists. The sale and public smoking of marijuana remain prohibited under DC laws.

Interestingly, providing small quantities of marijuana for free is not considered illegal. This creates a perplexing legal landscape for residents of the district. Unfortunately, until there is broader acceptance of marijuana possession at the federal level, this legal ambiguity will persist.

Get in touch with the leading DC Drug Attorney at the earliest opportunity.

Drug offenses in Washington, DC, should not be taken lightly. Whether you're facing a misdemeanor or felony charge, a conviction could result in jail time, probation, and fines.

Furthermore, the repercussions of having a drug conviction on your record can impact your future significantly. It's essential to reach out to a leading DC drug lawyer who can vigorously defend your rights and guide you on the most effective course of action for your case.

Criminal defense lawyer Nabeel Kibria, of Ervin Kibria Law in DC, offers comprehensive consultations and case evaluations. Our elite, expert, and assertive drug defense attorneys are ready to assist and represent clients across the DMV area.

Don't hesitate to contact us if you, a friend, or a loved one has been arrested for a DC drug crime or if there are questions regarding DC marijuana laws.