Moheb Legal Defense, PLLC
Protecting your Constitutional rights and civil liberties with effective and diligent legal representation.
Free Consultation 540-627-5182
Areas & Topics

Roanoke Criminal Defense Blog

Is sharing prescription medications against the law?

One thing you should be aware of as someone who is accused of a drug crime is that it is possible to be held accountable for sharing prescription medications, even if you didn't sell them or intend it as a crime. Prescription medications require a prescription for a reason. They can be dangerous, and they have interactions, in some cases. For that reason, no one should use prescription medications without a doctor's approval.

Why is it against the law to share prescriptions?

Is a misdemeanor a big deal for those accused?

Misdemeanors aren't always a big deal in your daily life, and you could even get one for petty offenses like trespassing or loitering. While they're not particularly serious crimes, there is a risk that you could be found guilty and face penalties that affect you now and in the future.

With around 10 million misdemeanors filed each year, there is no surprise that people struggle with these on their records. These are small offenses, yet they impact millions each year.

Expungement is a difficult task in Virginia, and here's why

Virginia is very hard on drunk driving, making it nearly impossible to eliminate the charge from your record once you have a conviction. Did you know that it's not possible to get an expungement in Virginia unless you get a full pardon? Yes, it's the reality for many people that the conviction will never be gone.

One thing to keep in mind is that you could have your record sealed if you only are arrested or charged for a DUI. In that case, there is a time frame set. Once it passes, you can apply to have the record sealed, helping you eliminate the charge from the public eye.

Understanding aiding and abetting

Aiding and abetting is a charge used when a person is accused of helping another person commit a crime in some way. Usually, the person charged with this will not have been at the scene of the criminal act when it took place. Instead, it will be a person who had knowledge that the crime was going to take place beforehand or someone who finds out about it and helps conceal it.

Here's a good example of aiding and abetting. If a woman knows that her friend wants to rob the store where she works, she may "accidentally" forget to lock the cash register or leave the back door open. She won't be there at the time of the robbery, and it will look as if she simply made a mistake. However, if it's discovered that she is linked to the person who stole from the store, she could be charged as an accessory.

Understanding the risk of Flakka

Flakka is a drug that hit the news in 2016 because of a strange killing Florida where a man tried to eat the face of a victim. Allegedly, Flakka caused the side effects that made the 19-year-old man try to eat the victim's face, a danger others face when using the drug.

Flakka is also called gravel. It causes bizarre behavior, paranoia, delusions and agitation. The drug is a new generation of bath salts, also psychoactive drugs. Flakka's chemical name, alpha-pyrrolidinopentiophenone (alpha-PVP), was technically not illegal at first, since it was a new drug that did not fall under previous laws. Today, that's not the case.

Woman's appeal against child neglect conviction in DUI case fails

Driving while intoxicated is a bad idea. No one questions that they shouldn't do it. However, what's worse is driving while you're intoxicated with your children in the vehicle. Even if you don't get into a crash, you could face charges beyond a typical DUI. You could face serious allegations of neglect.

That's what happened in this case. A court in Virginia has upheld a child neglect conviction following a woman's DUI case. According to the May 13 news, the woman appealed the conviction, stating that the trial court had erred. She claimed that the court erred by relying only on blood alcohol content (BAC) to support the child neglect charges and subsequent conviction.

What are some kinds of drug crimes?

There are several kinds of drug crimes, and each has the potential to threaten your freedoms in different ways. For example, there are drug crime laws related to possession, those related to distribution and drug crime laws to address paraphernalia. Knowing these types of crimes will help you make sure you don't violate the law and end up facing charges.

Remember that you could face both federal and state charges depending on your actions, so you should mount a defense as soon as you can.

Caught with someone else's drugs? Defend yourself

It's impossible to control what other people do, even if you want to try. You may be best friends with someone who drinks too much or uses drugs on occasion, but on the whole, as long as those actions don't impact you, you don't see the harm.

Unfortunately, your friend's behaviors have impacted you. You were pulled over for a traffic stop, but the officer noticed an unusual smell coming from your vehicle. It was marijuana your friend had left in the vehicle. With reason to suspect you had drugs in the vehicle, the officer searched it and discovered a baggie. Now, you're in trouble for something you didn't even know was in your vehicle.

Prescription fraud: Faking a doctor's signature

Prescription fraud is a serious crime in the United States. If you think about it, physicians spend years in school to earn the right to prescribe medications to their patients. When someone signs a doctor's name fraudulently, it is not only an act that could hurt the individual or someone else but also a direct insult to the hard work a physician put into his or her career.

While you may not think you're hurting anyone by creating a prescription or signing one fraudulently, that couldn't be further from the truth. In reality, you're committing a federal crime and could end up hurting or killing yourself or someone else. If the prescription appears legitimate, the physician who allegedly wrote it could face allegations as well.

Boating under the influence: Not a risk to take

It is extremely dangerous to get behind the wheel of any vehicle while you're intoxicated, boats included. Since the spring is here and summer is just around the corner, you may be considering heading out onto the water soon. If so, remember that a BWI could be damaging to you in the same way as a DUI.

Virginia prohibits anyone from driving a boat while intoxicated. It's illegal to use any kind of boat while intoxicated including sailboats, personal watercraft, water skis and others. A BWI isn't just charged for alcohol use, either; cases involving drugs may result in a BWI as well.

Contact

Moheb Legal Defense, PLLC
15 Salem Avenue SE Suite 203
Roanoke, Virginia 24011

Phone: 540-627-5182
Fax: 540-491-9696
Roanoke Law Office Map

Moheb Legal

Review Us