by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
What is the General Court Procedure for a DWI Charge in Fairfax? Not one DWI case is the same; rather, a defendant’s case will depend on a number of factors including whether or not this was his first charge, whether he hired a private defense attorney opposed to a public defender, whether he posted bail, etc. Court usually opens at 9:30 a.m. The judge begins by calling the names for the people with cases that did not hire a lawyer and reads them their charges. These people will usually have a defense attorney appointed to them if they cannot afford private counsel and are otherwise eligible. It is at this time that the Fairfax County Commonwealth Attorney (aka Prosecutor or District Attorney) assigned to the courtroom will typically look at the case for the first time. Because of the sheer amount of cases that prosecutors handle, they will most likely not have had time to thoroughly read all their assigned cases for that day. Before court starts, the prosecutor will also speak to the police officers about the DWI cases that they were involved in. After the prosecutor speaks to the police officers, they then meet with the defense attorneys to discuss the cases. Defendants are not allowed to be present at these meetings and they take place outside the courtroom. In these meetings, the defense attorney and prosecutor essentially break down the case, discuss the evidence, and identify any mitigating factors that might help the defendant. The prosecutor will then decide on a plea offer for the case and extend it to the defense attorney. These plea...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is the Difference Between a Drug Possession and Distribution Charge? The gap between drug possession charges and drug distribution charges in Virginia is a mile wide. They have different proof requirements and punishments. There is also an option to avoid jail time available to drug possession charges but not available to distribution charges. What Do the Police Have to Prove for Each Offense? Drug possession charges are easier to prove then distribution charges but usually lead to a lighter sentence. To prove a possession charge, the Commonwealth’s Attorney must show that you knowing or intentionally had control over an illegal substance. Having control over the substance extends beyond simply having the substance on your person. Control can be found where the defendant has access to the substance, for example when it is being kept in the glove compartment of a vehicle. As well, the police need to show that the defendant either knew what the substance was or disregarded a substantial risk that the stuff was an illegal drug. However, the defendant must also have known that drugs were present. By way of example, a defendant who borrows a friend’s car without knowing its contents may not be responsible. To prove a drug distribution charge, the police must be able convince a jury or judge that the defendant either manufactured or possessed drugs with the intent to sell them. This can be very difficult for the police to accomplish in some cases because it involves determining what’s going on in the defendant’s mind. The police will often need to do so through circumstantial evidence, such as the quantity...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is Prescription Drug Fraud? The abuse of prescription drugs is becoming more and moreprevalent. Prescription drug addiction can happen accidentally, for example when someone is legitimately prescribed drugs for pain and reacts adversely to them. However, prescription drugs also have high street values and are attractive targets for those looking to make profits illicitly. In any case, prescription drug abuse is a tricky area of the lawbecause the drugs are often obtained from a legal source through illegal methods.Virginia law approaches prescription drug fraud under Virginia Statute 18.2-258.1. The statute makes it illegal to engage in a wide variety of activity aimed at obtaining illegal prescriptions. What are the Specifics of the Prescription Fraud? A couple of key components of the prescription fraud statute are worth mentioning.Prescription drugs are commonly illegally gotten through the use of a doctor’s prescription pad. Defendants sometimes steal a prescription pad directly from a doctor or copy of a prescription that was legitimately made. Defendants may even create entirely fraudulent prescriptions. The statute prohibits forgery or alteration of prescriptions and all of the above methods of getting prescription drugs are illegal under the statute. As well, providing mislead facts in order to obtain medication is unlawful. A defendant can be charged under the statute for merely hiding information that is considered “material” to the prescription. Material information is basically that which would be necessary in order for a doctor or other authorized prescriber to make a decision reasonably grounded in fact. However, the statute specifically states that giving a false name or address is covered. At the end of the day, Virginia has...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
What is Possession with Intent to Distribute? How Do the Fairfax County Police Investigate Such Cases? And What Happens in Court? Possession with Intent to Distribute is a category of drug crime. It can either be a misdemeanor or a felony depending on the drug involved and the quantity alleged. Possession with Intent to Distribute Marijuana (18.2-248.1) Possession with Intent to Distribute Marijuana is a Class 1 Misdemeanor meaning it can be punished by up to 12 months in jail and a fine of up to $2500. However, if the amount of marijuana in question is more than ½ of an ounce, the charge is a Felony. Quantities between ½ ounce and 5 pounds are a class 5 felony (punishment from no jail time up to 10 years) and quantities of more than 5 pounds can be punished by between 5 and 30 years in prison. Under the law any intent to give or distribute weed can be charged under the statute. That means that it doesn’t necessarily have to be for sale. You can be charged with PWID even if you were just planning on sharing with friends. However, if you were just planning to share and not make a profit there are significant defenses available and a reduction of the charge is very possible. Essentially the law makes a distinction between marijuana that was for personal use and marijuana that was planned to be used by others. Possession with Intent to Distribute Schedule I or II Drugs (18.2-248) It is illegal to manufacture, give, distribute, sell or give any drug classified as Schedule I or II narcotic. ...
by Faraji Rosenthall | Mar 23, 2015 | Possession of Marijuana
WHAT IS POSSESSION OF PARAPHERNELIA? HOW DOES IT RELATE TO A POSSESSION OF MARIJUANA CHARGE IN FAIRFAX COUNTY? Possession of Paraphernalia is very rarely charged in Fairfax County or anywhere in Virginia really. This is because the actual statute doesn’t cover what most people expect it to cover. While the title makes you think it relates to having a bowl, bong or some other marijuana smoking device, the statute actually relates to syringes. Nevertheless, a paraphernalia charge is a frequently negotiated reduction of a marijuana charge. The way the process works is as follows. A Prosecuting attorney in Fairfax will meet with the officer and discuss your case the day of court. If the Prosecutor is so inclined they may offer to reduce the charge to paraphernalia under section 54.1-3466. This is a favorable reduction for some people, it is less than favorable for others. It really depends on what the individuals biggest concern about the case is. The biggest advantage to a reduction of the charge to paraphernalia is that a conviction will usually just carry with it a small fine of about $100 or so. There is no required loss of license and you don’t have to attend any drug classes. The downside is that the punishment is a conviction which will stay on your record for life. It is not a drug conviction though. If you are charged with a first offense marijuana possession you should talk to your lawyer before court to determine whether a reduction to possession of paraphernalia would be beneficial for you. If your biggest concern is your record, then you would...
