Possession of Marijuana Attorneys in Fairfax, Virginia
The attorneys at The Sprano Law Firm, LLP in Fairfax are skilled in presenting all possible defenses to possession of marijuana cases in Northern Virginia.
Fairfax Possession of Marijuana Defense Lawyers
Serving all State and Federal Courts in Northern Virginia.
Marijuana-related cases are among the most common drug charges brought in Northern Virginia State and Federal Courts. The vast majority of these cases involve relatively small amounts of marijuana possessed for nothing more than personal use. Many recreational marijuana users are not aware of the legal risks they face if they are caught in possession. Virginia and federal courts have held that even possession of marijuana residues, such as would be found left over in a bag, pipe, or other paraphernalia, is legally sufficient to support a conviction.
There are defenses available, however. Experienced Fairfax marijuana defense lawyers at The Sprano Law Firm, LLP are well versed in all aspects of defending against charges of possession of marijuana and other drug crimes. Many defendants assume that if they are a driver, owner, or passenger of a car in which marijuana is discovered during a search, they have no choice but to plead guilty. This is rarely the case. There are often constitutional challenges that can be raised, arguing that either the stop (seizure) or the search of the person or vehicle was done in violation of the Fourth Amendment. If such a motion to suppress the evidence succeeds, most of the time the result is a very quick dismissal of the charges.
Even if a judge finds that the police acted properly in the stop and search, our firm has succeeded in having many clients found not guilty at trial by utilizing other defenses which can be raised under Virginia law. For example, Va. Code Section 18.2-250.1 provides that mere occupancy or ownership of a vehicle is not sufficient to find a person guilty of possession of marijuana. This is probably the most common mistake police officers make in charging possession of marijuana and possession of other drugs. In fact, the prosecution must prove that the defendant was in knowing possession of the marijuana. While that possession may be exclusive or joint (shared), and it may even be constructive possession, the government is still required to show beyond a reasonable doubt that the defendant knew the marijuana was there — that he or she was aware of the nature and character of the substance — and that the defendant was close enough to the marijuana to exercise dominion and control over it. So if you were in a car in which the police found marijuana, even if it was your own vehicle, do not despair. You may still have a viable defense to the charge in court.
Contact us today to set up an appointment for a free consultation with one of our experienced drug crimes defense lawyers.
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