Significant Uptick in Drug Arrests in 2023
Lawmakers’ attitudes about drugs may have changed, but law enforcement attitudes haven’t.. In fact, their anti-drug campaigns went up a notch in 2023.
Categorically, the largest increase was the number of individuals arrested for drug arrest charges under the age of 18, which increased by 51 percent between 2022 and 2023. Overall arrest figures were up 18 percent over the same period.
The Virginia State Police Data Analysis and Reporting has also reported significant increases in drug seizures: cocaine seizures rose by 43 percent, and crack cocaine seizures increased by 29 percent. Narcotic seizures had increased by 42 percent.
Simple Possession
These arrests constitute about 80 percent of the drug crime arrests in Virginia. Many attitudes have changed regarding drug possession, especially “socially acceptable” drugs like prescription painkillers, it’s easier than ever for a Leesburg criminal defense lawyer to successfully resolve these matters.
Furthermore, the same legal complexities apply in drug possession cases. For the state, these cases have lots of moving parts. Usually, prosecutors must establish three elements beyond a reasonable doubt:
- Proximity: We won’t spend much time on this element because it’s very broad in Virginia and as a result, easy to prove.
- Knowledge: Remember the brouhaha over Britney Griner’s marijuana possession arrest in Russia? She claimed she didn’t know about the vape canisters in her luggage. That defense won’t fly in places like Russia, where justice is extremely one sided. But if a Leesburg criminal defense lawyer could prove she didn’t know about the vape canisters, that defense would definitely hold up in an American court.
- Control: This element is often difficult to prove in house party arrests. If police respond to a disturbance call and find drugs in the house, they often arrest everyone in the house. But a party guest who never went into the bedroom didn’t have control over any drugs located there. This defense often overlaps with the lack of knowledge defense. If Sam didn’t know drugs were in the glove compartment, he probably couldn’t control them either.
Because the drug possession law is so complex, a procedural, substantive, and/or affirmative defense is almost always available in a drug possession case.
An illegal search and seizure is the most common procedural defense in a drug possession case. Substantively, the state must prove all three of the aforementioned elements beyond any reasonable doubt, as discussed above. Coercion, usually excessive peer pressure, is a common affirmative defense in drug possession cases.
Enhanced Possession
Twenty percent of drug arrests are enhanced possession arrests, usually drug-free zone possession or drug trafficking.
Drug-free zones usually include public buildings, like courthouses or schools. The drug-free zone begins 1,000 feet (approximately three football fields) from the property line of the public or other facility. Some drug-free zones may vary. For example, school bus stops are drug-free zones if children are present.
Prosecutors use circumstantial evidence, such as guns and cash, to elevate possession to trafficking charges. These enhancements often present procedural and connection issues. If police have a search warrant for drugs in the living room, they cannot search the garage for weapons. Similarly, money found in the bedroom may be unconnected to drugs in the basement.
Enhanced possession could also be a very small-scale case. If Rick gives a leftover pill to Laura, Rick could be guilty of drug trafficking, even though no money changed hands.
Reach Out to a Compassionate Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely manage matters throughout Virginia.
Source:
wric.com/news/virginia-news/virginia-state-police-drug-arrests-are-up-18-according-to-2023-crime-figures/
