Martinsburg Drug Trafficking Lawyer

Protect Your Future with the Help of Our Firm

If you are facing drug trafficking charges, it is important to remember that you have not been convicted. You have the right to fight your charges, and our firm is here to help you do just that. At Kevin D. Mills, PLLC, we are committed to providing the aggressive defense you need and deserve. Our drug trafficking defense lawyers have extensive experience and a proven track record of success. We know what it takes to win in court, and we are prepared to do everything in our power to get your charges reduced or dropped altogether.

When you choose Kevin D. Mills, PLLC, you get a team that is focused on you. We are always available to answer your questions and address your concerns. You can rely on us to provide you with the aggressive and effective defense you need and deserve. We are committed to fighting for you, and we will not stop until we have achieved the best possible outcome in your case.

If you have been accused of drug trafficking, contact Kevin D. Mills, PLLC – Criminal Defense at (304) 262-9300 to schedule a free, confidential consultation with our drug trafficking defense lawyer.

What Is Drug Trafficking?

Drug trafficking, also known as drug distribution or drug sale, involves the illegal importation, transportation, and/or sale of controlled substances. This is a serious criminal offense that is aggressively prosecuted in West Virginia and federal courts. If you have been charged with drug trafficking, you are facing severe penalties, including lengthy prison sentences and hefty fines. You need an experienced Martinsburg drug trafficking defense lawyer on your side.

Under both West Virginia law and federal law, drug trafficking involves the following elements:

• The defendant knowingly and intentionally distributed, delivered, or sold a controlled substance, or
• The defendant knowingly and intentionally possessed a controlled substance with the intent to distribute, deliver, or sell the substance

In order to prove that a defendant is guilty of drug trafficking, the prosecution must establish that the defendant had knowledge of the controlled substance and that the defendant intended to distribute the substance. In other words, the prosecution must prove that the defendant knowingly and intentionally possessed a controlled substance with the intent to distribute it.

What Is the Difference Between Drug Trafficking and Drug Possession?

Drug trafficking and drug possession are two distinct criminal charges. While both are serious offenses, drug trafficking is typically considered more severe and is therefore punishable by more severe penalties. In order to be charged with drug trafficking, the prosecution must prove that you possessed a controlled substance with the intent to distribute it. In order to be charged with drug possession, the prosecution must prove that you knowingly and intentionally possessed a controlled substance.

There are several key differences between drug trafficking and drug possession, including:

• Penalties: Drug trafficking carries much harsher penalties than drug possession. While drug possession is a misdemeanor in West Virginia, drug trafficking is a felony. As such, drug trafficking carries much lengthier prison sentences and much higher fines than drug possession.
• Intent to Distribute: Drug trafficking involves the element of intent to distribute. If the prosecution can prove that you possessed a controlled substance with the intent to distribute it, you can be charged with drug trafficking. If you only possessed a controlled substance for personal use, you cannot be charged with drug trafficking; however, you can still be charged with drug possession.
• Quantity: Drug trafficking typically involves much larger quantities of controlled substances than drug possession. If you were found to be in possession of a large amount of a controlled substance, you could be charged with drug trafficking, even if you did not have the intent to distribute the substance.

What Are the Penalties for Drug Trafficking?

Drug trafficking is a serious criminal offense that is punishable by severe penalties. The specific penalties you face for a drug trafficking conviction will depend on several factors, including the type of controlled substance involved, the quantity of the controlled substance, your criminal history, and whether you were charged in state or federal court.

In the state of West Virginia, drug trafficking carries the following penalties:

• Schedule I and II controlled substances: If you are convicted of trafficking a Schedule I or II controlled substance, you are guilty of a felony and face a prison sentence of up to 15 years and/or a fine of up to $25,000 for a first offense. If you have a prior drug trafficking conviction, you face a prison sentence of up to 30 years and/or a fine of up to $50,000.
• Schedule III, IV, and V controlled substances: If you are convicted of trafficking a Schedule III, IV, or V controlled substance, you are guilty of a felony and face a prison sentence of up to 5 years and/or a fine of up to $15,000 for a first offense. If you have a prior drug trafficking conviction, you face a prison sentence of up to 10 years and/or a fine of up to $30,000.

In federal court, the penalties for drug trafficking depend on the type and quantity of the controlled substance involved, as well as your criminal history. The federal penalties for drug trafficking are as follows:

• Less than 50 grams of methamphetamine: If you are convicted of trafficking less than 50 grams of methamphetamine, you face a prison sentence of up to 20 years for a first offense. If death or serious bodily injury results from the use of the methamphetamine, you face a prison sentence of up to life.
• 50 to 500 grams of methamphetamine: If you are convicted of trafficking between 50 and 500 grams of methamphetamine, you face a prison sentence of up to 40 years for a first offense. If death or serious bodily injury results from the use of the methamphetamine, you face a prison sentence of up to life.
• 500 grams to 5 kilograms of methamphetamine: If you are convicted of trafficking between 500 grams and 5 kilograms of methamphetamine, you face a prison sentence of at least 10 years and up to life for a first offense. If death or serious bodily injury results from the use of the methamphetamine, you face a prison sentence of up to life.
• 5 kilograms or more of methamphetamine: If you are convicted of trafficking 5 kilograms or more of methamphetamine, you face a prison sentence of at least 10 years and up to life for a first offense. If death or serious bodily injury results from the use of the methamphetamine, you face a mandatory minimum prison sentence of 20 years and up to life.
• Less than 100 grams of heroin: If you are convicted of trafficking less than 100 grams of heroin, you face a prison sentence of up to 20 years for a first offense. If death or serious bodily injury results from the use of the heroin, you face a prison sentence of up to life.
• 100 to 999 grams of heroin: If you are convicted of trafficking between 100 and 999 grams of heroin, you face a prison sentence of at least 5 years and up to 40 years for a first offense. If death or serious bodily injury results from the use of the heroin, you face a prison sentence of up to life.
• 1 kilogram or more of heroin: If you are convicted of trafficking 1 kilogram or more of heroin, you face a prison sentence of at least 10 years and up to life for a first offense. If death or serious bodily injury results from the use of the heroin, you face a mandatory minimum prison sentence of 20 years and up to life.

How to Fight Drug Trafficking Charges

If you have been charged with drug trafficking, you need an experienced lawyer on your side. At Kevin D. Mills, PLLC, we have successfully defended countless clients against drug trafficking charges. We know what it takes to win, and we are prepared to do everything in our power to get your charges reduced or dropped altogether.

There are several potential defenses to drug trafficking charges, including:

• Unlawful search and seizure: Under the Fourth Amendment, you are protected from unreasonable searches and seizures. If the police conducted an illegal search and seizure, any evidence they obtained may be inadmissible in court. If the evidence is suppressed, the prosecution may not have a strong enough case to proceed.
• Lack of intent to distribute: In order to be convicted of drug trafficking, the prosecution must prove that you had the intent to distribute the controlled substance in question. If the prosecution cannot prove this element, you cannot be convicted of drug trafficking. However, it is important to note that you can still be charged with drug possession, which is a less serious offense.
• Entrapment: If the police used entrapment to get you to commit a drug trafficking offense, you may be able to use this as a defense. In order to prove entrapment, you must show that you would not have committed the offense if it were not for the police’s actions.

At Kevin D. Mills, PLLC, we know what it takes to win in court. We will thoroughly review the facts of your case, conduct a detailed investigation, and build a strong defense strategy on your behalf. Our Martinsburg drug trafficking lawyer will aggressively advocate for you every step of the way.

Why Do I Need a Drug Trafficking Defense Lawyer?

Drug trafficking is a serious criminal offense that carries severe penalties. If you are convicted, you may be facing a lengthy prison sentence, substantial fines, and other severe consequences. You need an experienced drug trafficking defense lawyer on your side, fighting for you every step of the way.

When you choose Kevin D. Mills, PLLC, you get a team that is:

• Experienced: Our drug trafficking defense lawyers have years of experience and a proven track record of success. We know what it takes to win, and we are prepared to do everything in our power to get your charges reduced or dropped altogether.
• Aggressive: We are not afraid to take on the prosecution, and we are not afraid to fight for your rights in court. Our drug trafficking defense lawyers will aggressively advocate for you every step of the way.
• Accessible: We are always available to answer your questions and address your concerns. We will keep you informed about any and all developments in your case and provide you with the personalized attention you deserve.
• Committed: We are committed to fighting for you, and we will not stop until we have achieved the best possible outcome in your case. At Kevin D. Mills, PLLC – Criminal Defense, you are our top priority.

If you have been charged with drug trafficking, contact Kevin D. Mills, PLLC at (304) 262-9300 to schedule a free, confidential consultation with our Martinsburg drug trafficking lawyer.