Virginia drug dealing- Fairfax criminal lawyer on avoiding arrest, conviction, and incarceration

Virginia drug dealing (VDD) thrives, as it does across the nation and around the world. As a Fairfax criminal lawyer, I know that billions of dollars are misallocated nationwide to the failed drug wars, while our civil liberties suffer from constant law enforcement incursions through snooping in our phone conversations and other communications, prolonged traffic stops fishing for contraband, and search warrant executions / police raids left and right, that often subject even innocent residents to terrifying, often militaristic police tactics. The venom I have against the decades-long damage from the drug wars was a substantial driving force for me to have transitioned to criminal defense from doing corporate civil litigation and regulatory work over thirty years ago, and continues fueling my zeal and oomph for defending all my drug defense and criminal defense clients.

Virginia drug dealing prosecutions get arrested only if you show up on the police radar screen

As a lawyer bound to the attorney’s rules of professional conduct, I cannot tell you how to avoid being arrested and prosecuted for alleged Virginia drug dealing other than saying that not committing crimes, not being near others committing crimes, not being able to be connected to crimes, and not being falsely fingered for crimes, reduces one’s risk of being prosecuted. Certainly, well heeled drug operation owners and managers will work to avoid identification and capture by relying on middlemen and transporters, whether called mules, retailers or anything else that distinguishes those committing drug crimes on the streets rather than from the suites and estates at and near the cocaine fields, heroin processing locations, Fentanyl production plants, and methamphetamine labs.

How do I avoid getting convicted for a drug crime?

Once prosecuted and facing major potential mandatory minimum jail time, many of my clients accused of Virginia drug dealing transition from sounding all tough and loving the life of dining in fancy restaurants and the like, to crapping in their pants about whether and how to pursue a favorable plea deal, which often gets the most momentum by snitching / cooperating against others involved in criminal activity, and even setting up drug deals to catch others selling, distributing, manufacturing, and possessing with intent to distribute unlawful drugs / controlled substances. Drug defendants who snitch do not always avoid convictions, although sometimes they do. The other way to avoid a conviction if prosecuted for an alleged Virginia crime is to obtain the best possible Virginia criminal defense lawyer, which can enhance your chance at victory or a better outcome than otherwise, but cannot guarantee an acquittal. This being a drug war, check with your potential lawyer about his or her victories and proverbial battle scars. And do not let your lawyer merely sit on their lawyers. Each case and each battle is different, and your lawyer must fight like hell for you to pursue the best possible outcome.

How do I avoid getting jailed for drug dealing, or at least avoid staying incarcerated very long?

When prosecuted for Virginia drug dealing or any other crime, work closely with your Virginia criminal defense lawyer on the steps you can take to enhance your chances of the most favorable possible outcome in your case. Your engaging proactively in self improvement steps can enhance your prospects both for negotiating a more favorable guilty / no contest / Alford plea and for a more favorable sentence. Start by keeping yourself away from any risk of any new criminal charges against you. For drug prosecutions, I commonly advise my clients to get regular clean drug tests, enter drug treatment, attend many Narcotics Anonymous meetings or similar meetings, perhaps obtain psychological or group counseling, and perform massive hours of regular voluntary community service. Even alleged drug dealers should do the urine testing and drug education, in that being that close to drugs (if dealing) puts the person close to being a user already.

Do my advisory / voluntary Virginia sentencing guidelines mandate incarceration for VDD?

When arrested and prosecuted for alleged Virginia drug dealing, the criminal defendant’s first reaction might be “Aw sh*t. Am I looking at a long time in jail or prison, only seeing the sky when looking out the window during that time?” One of my clients told me that at his jail, he never even saw a blade of grass. Even those with no prior convictions, your Virginia sentencing guidelines for one count of dealing in a Schedule 1 or 2 drug (all of the above-listed drugs fall in that category) are 7 months in jail to one year and four months, except that alternative no incarceration sentencing would typically be available under the guidelines. Let’s face it, though, that the federal Supreme Court made it both a blessing and curse when eighteen years ago making all sentencing guidelines advisory, leaving judges free to sentence within, below and above those guidelines. Furthermore, in Virginia, the judge does not even have to agree to be bound by the joint sentencing recommendation of the Virginia criminal defense lawyer and prosecutor. This is all the more reason for the defense to fully defend at every turn.

When the prosecutor is on board with a plea deal, the uglier allegations and facts can be left unsaid

Virginia plea negotiations should not only be about counts and jail time, but about pursuing the prosecutor’s / assistant commonwealth’s attorney’s agreement to come as close as possible to stating to the judge the bare minimum of alleged facts that are sufficient to convict, whether for a Virginia drug dealing case or any other case. For instance, if the plea deal is for one hand to hand sale to an undercover police officer or confidential informant (CI), I argue that it is not necessary for the prosecutor to tell the judge that the count being prosecuted follows a string of prior uncharged drug deals. The less otherwise favorable would be the judge at sentencing, the more important it is to get the prosecutor on board as close as possible with the defense, and for the Virginia drug defense lawyer to check with the probation agent who wrote the presentence report for the cop, not to unnecessarily be seeking any active incarceration.

Fairfax criminal lawyer Jonathan Katz started his criminal defense career resolved that the so-called criminal justice system is too harsh. Jon Katz has never prosecuted and never will, knowing that his work is on the side of the angels. Find out for yourself about Jon’s firepower for your defense, through a free in-person confidential consultation with Jon Katz about your court-pending case. Call 703-383-1100 to schedule your meeting with Jon.