The actress was indicted by a grand jury on Monday for possession of a controlled substance, according to online court records in Loudoun County, Virginia.
McGowan’s attorney, Jose Baez tells PEOPLE, “Rose steadfastly maintains her innocence. These charges would have never been brought if it weren’t for her activism as a voice for women everywhere.”
“I assure you,” he continued. “This selective prosecution will be met with a strong defense.”
The former Charmed actress was arrested in November in relation to a warrant for felony possession of a controlled substance involving cocaine.
McGowan turned herself into the Loudoun County Sheriff’s Office at the time, where she was arrested and booked before being released on a $5,000 bail.
The maximum sentence for the charge is 10 years in prison, according to WTOP.
The warrant, obtained by the Metropolitan Washington Airports Authority Police Department, was issued on Feb. 1, 2017, according to the Associated Press.
Police launched an investigation after they allegedly found traces of narcotics in personal belongings, allegedly belonging to McGowan, which were left behind on a United flight arriving at the Washington Dulles International Airport on Jan. 20, the AP reported.
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Last year, McGowan brought up the arrest warrant on social media saying it was part of a conspiracy to silence her after she had accused producer Harvey Weinstein of sexually assaulting her years ago.
“Are they trying to silence me? There is a warrant out for my arrest in Virginia. What a load of HORSES—,” she tweeted.
A spokesperson for Weinstein previously told PEOPLE in a statement, “Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein. Mr. Weinstein has further confirmed that there were never any acts of retaliation against any women for refusing his advances.”
TMZ first reported the news.