Texts can be your Virginia drug defense downfall- Challenge them on Fourth Amendment and evidentiary rules grounds

Texts (TXTS) about actual or potential drug deals too often litter the seized cellphones of suspected drug dealers. As a Fairfax criminal lawyer, I too often see cellphone extractions of my alleged drug dealing clients that have incriminating incoming and outgoing drug transaction communications out the wazoo. On top of that, plenty of drug deals are arranged on social media apps, which may make the purported seller and buyer think that this removes them from detection, but instead that robs you of Fourth Amendment protections against warrantless searches that require search warrants and against searches without probable cause to do so. James Levi McDonald learned of the conviction risks of having all those communications on one’s cellphone (plus other damning evidence), through his Northern Virginia jury trial conviction for possession with intent to distribute the controlled substances LSD, psilocyn, and marijuana, together with possession of a firearm while in possession of controlled substances. McDonald v. Commonwealth of Virginia, Record No. 0941-24-4 (Va. App. 2026) (unpublished).

Can a Virginia drug defense lawyer advise me how to reduce my risk of prosecution and conviction for my texts and other drug dealing approaches?

Lawyers are not permitted to advise people how to commit nor conceal crimes. Lawyers are permitted to fully defend you against allegedly-committed criminal activity. For instance, if you have been sending and receiving texts and other messages that could expose you to prosecution, conviction and sentencing, you need a lawyer who knows how to obtain, review and challenge such evidence, including making Fourth Amendment Constitutional arguments against the seizure, search and evidentiary extractions from your cellphone. Your lawyer needs to be aware of the hearsay, relevance and prejudice arguments to make against the admission of such messages into evidence at trial, on top of arguing the rule of completeness, to attack efforts by the prosecution to present the excerpt of messaging that might look less damning (or may not) if not excerpted.

Just because the messages purport to be to or from me, does that automatically mean that I wrote or received the message?

The foregoing question hits the nail on the head. Talk with your Virginia criminal defense lawyer about the possible benefits of having a forensics expert examine your police cellphone extraction methods and content, to work together with your attorney for arguments about the extent to which texts and other communications to and from you did not necessarily get composed nor sent by you, nor (for incoming communications) seen by you. For communications on platforms outside of your cellphone, possible arguments exist about third parties masquerading as you and others through spoofing and other approaches.

How do I get a fair shot in court with damning allegations of drug dealing, and with a firearm at that?

Drug trafficking allegations are damning, whether or not texts are allegedly involved. Granted that there is a continuum of how harshly people view drug dealing, for instance depending on the type of drug involved, the quantity, the overall behavior, and the consumer involved and their actions. People tend to look more harshly on opiates and PCP than on amphetamines and marijuana, for instance. Make sure that your Virginia drug defense lawyer does not judge you, and instead pursues your best defense at every turn.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia drug, felony, misdemeanor and DUI prosecutions. For your free in-person initial confidential consultation with Jon Katz about your court-pending prosecution, call his staff at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.