Cline & Singh, PLLC represents people charged with drug offenses in Weirton, Wheeling, and throughout the Northern Panhandle, from first-offense possession to felony distribution charges in magistrate and circuit court.
Drug charges in West Virginia range from a misdemeanor possession citation to felony distribution charges carrying up to fifteen years in prison. Where a case falls on that range depends on the substance, the amount, the circumstances of the stop or search, and the person’s history, and each of those is a place where a defense can be built.
We review how the evidence was found, whether the stop, search, or warrant was lawful, how the substance was identified and weighed, and whether the facts actually support an intent-to-deliver charge rather than simple possession. We also look early at whether a first-offense disposition or diversion is available, because that can change the entire direction of a case.
Possessing a controlled substance without a valid prescription is a misdemeanor in West Virginia, punishable by 90 days to six months in jail, a fine of up to $1,000, or both. Many first offenses qualify for conditional discharge.
Intent to deliver is a felony. Prosecutors often infer intent from quantity, packaging, scales, cash, or messages. Whether the evidence actually shows intent, rather than personal use, is frequently the central question.
Delivery of a Schedule I or II narcotic or methamphetamine carries one to fifteen years. Fentanyl offenses carry three to fifteen years and fines up to $50,000.
Possessing pills without a prescription, obtaining prescriptions by fraud, or sharing medication can all be charged as drug crimes. These cases often turn on records and paperwork.
Recreational marijuana remains illegal in West Virginia. A first offense for possessing less than fifteen grams must be resolved through conditional discharge, which keeps it from becoming a conviction if the terms are completed.
Drug cases often come with companion charges, such as paraphernalia, driving under the influence of a controlled substance, or weapons charges. Each one needs to be addressed as part of the whole case.
West Virginia law allows a person with no prior drug convictions who is charged with simple possession to receive a conditional discharge. The court places the person on probation without entering a judgment of guilt. If the conditions are completed, the case is dismissed, it does not count as a conviction, and after six months the person may apply to have the records expunged.
Conditional discharge can be used only once in a lifetime, and it applies to possession, not distribution. Whether it is the right tool for a particular case, or whether the charge should be fought outright, is a decision worth making carefully.
Many drug cases begin with a traffic stop, a search of a car or home, or a warrant. If police lacked a lawful basis for the stop, exceeded the scope of consent, or relied on a defective warrant, evidence obtained as a result may be suppressed. We examine every step of how the evidence was obtained before any decision is made about how to resolve the case.
Simple possession of a controlled substance is generally a misdemeanor, punishable by 90 days to six months in jail and a fine of up to $1,000. Possession with intent to deliver, manufacturing, and delivery are felonies, with penalties that depend on the drug’s schedule.
It is a one-time option for people with no prior drug convictions charged with simple possession. The court defers judgment and places the person on probation; if the terms are completed, the case is dismissed, it is not a conviction, and the records may later be expunged.
Prosecutors typically point to the amount of the substance, how it was packaged, scales, large amounts of cash, or text messages. None of those automatically proves intent to deliver, and challenging that inference is often central to the defense.
Yes. If evidence was obtained through an unlawful stop, search, or defective warrant, a court may suppress it, which can weaken or end the prosecution’s case.
We represent clients throughout the Northern Panhandle of West Virginia and surrounding areas.
Wheeling Criminal Lawyer · Weirton Criminal Lawyer · Moundsville Criminal Lawyer · Wellsburg Criminal Lawyer · New Cumberland Criminal Lawyer
If you would like a plain-language overview before talking with anyone, these guides explain how this area of West Virginia law generally works.
Misdemeanor vs. Felony ChargesHow West Virginia divides crimes into misdemeanors and felonies, and what that means for court process and sentencing.
Expungement Basics in West VirginiaWhen a West Virginia criminal record can be sealed, and how the process generally works.
Talk with us before your first court date. The early decisions in a drug case, including whether conditional discharge is available, can shape everything that follows. Consultations are free.