Mark B. Arthur: Attorney at Law

Virginia has some of the toughest drug laws in the United States. Possession of even small amounts of cocaine, marijuana, methanphedamines or other controlled substances can seriously affect your future.  Virginia also has strict laws concerning the illegal possession of otherwise legal prescription drugs.

Most of Virginia’s law enforcement effort involves snitches, undercover buys and surveillance. Drug teams ordinarily involve officers from several law enforcement agencies.  On a daily basis, undercover officers find small amounts of illegal drugs.  These officers then coerce and intimidate individuals into supplying information or making 'controlled buys' for them.  Often there is very little given to a defendant in return for the information shared or the 'work' done for police. Undercover officers frequently don't care if a defendant is placing himself at risk by cooperating with them.

Much of the information undercover officers give to suspects is false. It is common for officers to intimidate suspects by exaggerating the severity of the crimes they are going to be charged with as well as the amount of jail time they may be facing.  It is also common for drug officers to misrepresent the state of the law and the rights of the accused.  Drug teams often conduct illegal searches of houses, yards, automobiles and people without probable cause or warrants.  Too many times violations of Constitutional rights go unchallenged.

Officers executing search warrants can be extremely destructive. Drug teams ordinarily have no regard for your personal property.  If your house is the subject of a drug search, you may be astonished and appalled at how destructive the search can be.  It is not unusual for officers to cause thousands of dollars in damages, unnecessarily, to a home while conducting a drug search.  In most cases the officers are never held accountable for their actions.

Drug forfeiture often involves assets legally owned and purchased. An incredible amount of property ends up in the hands of law enforcement.  Much of this property was lawfully obtained and not connected in any way to the drug trade.  Unfortunately, citizens facing drug charges are often required to choose between challenging drug forfeiture and paying for an effective criminal defense. Many people don't realize that the law requires the state to prove that the assets they have seized were purchased using drug money.  This is often difficult or impossible for the state to prove.  An effective attorney can help you recover the personal property seized unlawfully by police.

The Winning Approach to Drug Charges

Constitutional violations must be challenged. There is probably no area in law enforcement where violations of Constitutional rights are as commonplace as drug enforcement.  Dealing with this requires a skilled, knowledgeable and aggressive lawyer.  Judges are often hesitant to grant defense motions based on Constitutional issues.  This is because a defendant who wins a hearing on Constitutional rights often wins the case outright.  Therefore, it is very important that you have an attorney who knows how to effectively bring a Constitutional challenge.

Thorough investigation of the arrest history is necessary. Because police often disregard legal procedures in order to obtain an arrest, a skilled attorney must thoroughly examine all of the facts and circumstances that led the police to your property, person or automobile.  Many drug charges have been successfully challenged by attacking the means through which the police first made contact.  This means that you will have to work closely with your lawyer in order to help us understand these preliminary facts so that we can determine what your defense should be.

Beware of co-defendants. If your case involves co-defendants, it must be handled with extreme care.  In the vast majority of cases involving co-defendants, the prosecution convinces one defendant to testify against another.  It is extremely unwise to discuss your case with a co-defendant without first consulting your attorney.

If You are Facing Drug Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Don't negotiate with police without an attorney.  In most cases, police will attempt to secure your cooperation before you have a chance to talk to an attorney.  They are aware that a person accused of a drug crime is never more vulnerable than at the time of the first arrest or raid.  Before you compromise your position in the case, obtain competent legal advice from an aggressive trial lawyer.
• Do not talk.  Be polite and courteous, but refuse to discuss their investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest.  If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully.  It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address.  If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call.  Get an attorney quickly.  If you call family or friends, have them contact an attorney.  You can reach us at 1-434-846-7111.
• Post bond as quickly as possible.  If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible.  When you meet with me, be completely honest with your version of events.  Tell us about any past criminal record or witnesses that might help or hurt your case.  Remember that you are the most important part of your defense team.