Archive for the ‘Fourth Amendment Search & Seizure’ Category

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Fairfax County, Virginia: Felony Drug Charge – Possession of Marijuana with Intent to Distribute, VA Code 18.2-248.1, was DISMISSED after completion of an ASAP program, even though client was a repeat drug offender.

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

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NORTHERN VIRGINIA Charges included:
1) Class 5 Felony “sell, distribute, possession with intent to distribute, over 1/2 ounce but not over 5 pounds of marijuana” under VA Code 18.2-248.1
2) Class 5 Felony “conspiracy to sell, distribute, possession with intent to distribute, over .5 oz but not over 5 pounds of marijuana” under VA Code 18.2-248.1 / 18.2-256
3) Class U Misdemeanor “possess / distribute controlled drug paraphernalia” under VA Code 54.1-3466
4) Class 1 Misdemeanor “purchase / give /provide assist in providing alcohol to a minor under 21 years of age” under VA Code 4.1-306
Maximum penalty: 22 years in prison with 2 years at minimum as charged
Result: All charges dropped prior to preliminary hearing.

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

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Fairfax County, Virginia: Felony Drug Charge – Possession of Marijuana with Intent to Distribute, VA Code 18.2-248.1, was REDUCED to misdemeanor simple possession, first offense under VA Code 18.2-250.1, and will be DISMISSED as per a 251 Disposition, Va Code 18.2-251, in 6 months.

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

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Prince William County / Manassas Virginia: Class 6 Felony Possession of weapons / firearms while in possession of Drugs, VA Code 18.2-308.4, with a mandatory 5 year prison sentence upon conviction, was DROPPED. Class 5 Felony sale, gift, distribution or possession with intent to sell, give or distribute marijuana, VA Code 18.2-248.1 was REDUCED to Misdemeanor possession of marijuana, VA Code 18.2-250.1, with only two months to serve in jail. Client was originally facing a minimum of 5 and a maximum of 15 years in jail.

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

Read more about Weapons Law here: Virginia Gun, Firearm, and Weapon Laws | A criminal defense lawyer’s explanation of possession, reckless handling, firing, and related offenses

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Fairfax County, Virginia: Client was charged with class 1 misdemeanor DUI Drunk Driving (VA Code 18.2-266) – with a BAC (blood alcohol content) of .15. Under VA law, he was facing a mandatory minimum jail sentence of 5 days and a maximum sentence of up to 1 year in jail, license suspension for 12 months, up to a $2,500 fine, and ASAP classes.

RESULT: The BAC of .15 was REDUCED below the mandatory minimum level, NO ACTIVE JAIL TIME, only a $250 active fine, license suspension, and ASAP classes!

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

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Fairfax County, Virginia: Felony Marijuana Drug Distribution Charge (Possession with Intent to Distribute 2 ounces of Marijuana, VA Code 18.2-248.1) was REDUCED to a Misdemeanor with a lower weight of “less than .5 oz” and NO ACTIVE JAIL TIME AND NO FINE.

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

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Fairfax County, Virginia: Misdemeanor possession of drugs / marijuana charge (VA Code 18.2-250) was dismissed for lack of evidence to prove constructive possession! (Passenger of a vehicle cannot be convicted of possession of marijuana just because the drugs are found in the vehicle under his seat – more evidence is required to link the accused to the drugs.)

Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws

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Fairfax, Virginia: Felony Receiving / Buying Stolen Goods (VA Code 18.2-108) was DROPPED after a preliminary hearing!

Read more about Larceny & Shoplifting Law here: Virginia Larceny Laws | A criminal defense lawyer’s explanation of shoplifting, petit larceny, grand larceny, embezzlement, burglary and robbery arrests and charges

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Fairfax Virginia: Misdemeanor False Report to Law Enforcement / Police charge (VA Code 18.2-461) was DROPPED after a preliminary hearing.

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Fairfax, Virginia: Felony Fraud Charge – Obtaining Money Under False Pretenses (VA Code 18.2-178) was DISMISSED after a preliminary hearing.

Read more about Fraud Law here: Virginia Fraud Laws | A criminal defense lawyer’s explanation of embezzlement, false pretenses, check fraud, forgery and white collar crimes

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