Legal Question in Criminal Law in Virginia

First drug offense

is there a law that states if you have a first drug offense for distribution of MDMA and enter rehab, that you shall avoid jail time? if not, are there any laws that state that the judge must take the person having gone into rehab into consideration?


Asked on 10/26/02, 3:37 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: First drug offense

I am aware of no law in the Commonwealth in regard to a distribution charge involving any

proscribed drug, whether MDMA or something

else, that specifies that a person so-charged with distribution of the proscribed drug and who

enters rehab, shall automatically go free of any jail time.

In passing sentence on a defendant convicted of a drug charge, a judge will always take into consideration whether the person has entered into a drug therapy program---and, more importantly,

whether the individual has completed it, or is likely to complete it.

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Answered on 10/26/02, 10:53 am


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