The drug laws in the state of Virginia are notoriously strict. The sale, transport, and importation of an illegal substance are viewed as a severe crime. Getting convicted of drug trafficking or for possession of a controlled substance likely will come along with a potentially lengthy prison sentence. In addition to the strict laws and sentencing guidelines for drug possession and distribution, the bail bond requirements for these drug-related charges are also pretty severe.
If you have a loved one that has been arrested for a drug-related charge and is relying on you to help them with paying for bail, you likely have a lot of thoughts, questions, and concerns racing through your head. Of all the things, you likely will wonder how much the posted bail amount will be and what the bail bond process will look like. In today’s blog, we will share some key considerations to keep in mind when dealing with bail for drug charges.
Factors That Affect Bail Amounts For Drug Charges
After being arrested and booked for the distribution or possession of drugs, or any other drug-related charges for that matter, a judge will determine the amount that will be posted for bail. When setting bail, judges look at numerous factors such as the criminal history of the person charged with the crime and whether or not they are viewed as a threat to the safety of the community. Additionally, though, there are factors of the actual drug-related charge that will impact the amount set for bail. The following factors can impact the bail amount for those sentenced to jail due to drug-related crime.
The Type of Drug
As you would expect, more serious illegal drugs come with more serious charges and sentencing. To give you a better idea of the different classes of illegal substances, continue reading below:
- Schedule I Drugs: Drugs, substances, or chemicals are defined by the federal government as Schedule I drugs. These drugs are not accepted medical use and have a high potential for abuse. Examples include Marijuana, Heroin, LSD, and Ecstasy.
- Schedule II Drugs: Any drugs substances or chemicals that are defined as Schedule II drugs have a high potential for abuse, however it is less than Schedule I. Examples include Cocaine, Methamphetamine, and Oxycodone.
- Schedule III, IV & V: Drugs that are categorized into these classes have a lower potential for abuse as well as a lower potential for physical and psychological dependence. Examples of these drugs include Ketamine, Xanax, or Ambien.
Quantity of Drugs in Possession
Any amount of a possessed drug that has not been legalized is illegal, however, the quantity of the drug in a person’s possession is an important factor. To give you an example, possession of marijuana is illegal in the state of Virginia. However, having an ounce of marijuana will come with more severe penalties than having a couple of grams would. As a result, the bail amount for a ounce of marijuana is likely to be higher than it would be for a smaller amount.
When facing more than just drug trafficking, drug possession, or other drug-related charges, it is common for defendants to receive a higher bail. The reason for this is that judges must assess each charge individually. For example, if one charge has a $10,000 bail minimum and another charge has a $20,000, both bail amounts will be factored in when determining what the total bail request is — remember, the more severe the additional charges, the higher the bail will be.
Flight Risk Label
Another factor that impacts bail is whether or not the defendant is a flight risk. If someone faces flight risk, it means that they have a history of not returning to court when required or has given the judge a reason to believe they may try to leave the area before they are convicted. Being a flight risk is often a reason for bail denial, but if rewarded, the bail amount will likely be set at a higher amount.
Need Bail Bonds in Danville For A Drug Possession Charge?
Whatever causes the arrest of a loved one, it is never easy seeing them in jail. If bail is posted and you want to help them get out of jail fast, you can trust Affordable Bail Bonding. If you are interested in learning more, contact us!