by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession with Intent to Distribute Marijuana Possession with Intent to Distribute (or PWID) marijuana is an unusual charge in that it can cover a lot of different types of behaviors. The law distinguishes between felony and misdemeanor cases based upon the quantity of marijuana involved. Anything below a ½ ounce is categorized as a misdemeanor. Anything above is classified as a Felony. There are also enhanced penalties when the amount in question is 5 pounds or more. However, just having a quantity over ½ ounce isn’t enough to automatically establish that a person is guilty of a felony, or guilty of intent to distribute at all. There needs to be other evidence of a person’s intent. Even the way the marijuana is packaged is only a factor that can be used to determine guilt. There are a number of cases that say that even if the weed is in several separate baggies there must be some evidence that the Defendant was planning to sell in that manner. This is because the law has said that it is just as likely that the person chose to purchase a number of individually wrapped baggies. Even having a scale is only a contributing factor, as it can also be argued that the arrested party was using the sale to purchase and not to buy. So how then are these cases usually proven? The overwhelming majority of the time it is based on people telling on themselves. As you have seen several times before, frequently unprovable cases become provable when you admit to committing a crime. So if a suspect does the right...
by Faraji Rosenthall | Mar 23, 2015 | Possession of Marijuana
What To Do: Possession Of Marijuana First Offense Marijuana is legalized for medical use, but in Fairfax County, possessing this substance is considered a misdemeanor if there are no valid prescriptions in effect. First-time offenders may however get a pass to serve probation in lieu of jail time, or seek out a restricted license. It’s still a crime to possess marijuana, even in small quantities in Fairfax County, Virginia. The only exception is if you’ve been prescribed this substance for medical use. If this has been your first brush with the law for marijuana possession, there may be options, including: Probation – in which case all the terms of the probation must be met to avoid jail time. Infraction – a lawyer may be able to plea this charge down to a lesser crime. More on Probation During probation, first time offenders must complete a number of checklists including giving up their driving privileges for a period of six months; completing at least 24 hours of community service; enrolling in and paying for a drug treatment program; plus pay all fines outlined by the court. The details are stipulated in Virginia Code 18.2-251. First time drug offenders who possess other drugs besides marijuana may be eligible for these terms. The Usual Penalties for Marijuana Possession Typical sentences for marijuana possession, being the first offense, include up to $500 in fines and or up to 30 days in jail. In most cases, jail time isn’t imposed, except in cases with aggravating factors. Additionally, penalties may include license suspension for a period of up to six months. One goal you can...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Possession of Marijuana Options Now that marijuana has been legalized in several states across the United States, will I get in trouble if I’m found with the substance in Virginia? Read more by clicking here. Marijuana use in Virginia – is it legal, or no? The topic has been subject to heated debates throughout the nation, but here’s what visitors and residents need to know about the legality of marijuana possession in the state: The law outlines that marijuana possession is legal when there has been a valid prescription issued by a certified doctor. Some of the top ailments considered for medical marijuana use are cancer and glaucoma. Doctors and pharmacists too, are exempted from prosecution for the sales or distribution of medical marijuana when it’ prescribed for the purposes of cancer or glaucoma in the state of Virginia. Virginia Criminalizes Possession of Marijuana Nevertheless, it is illegal to possess marijuana for non-medical uses, and serious penalties may arise if found guilty. The typical sentencing includes a fine of $500 for the possession of less than half-ounce of marijuana; and/or up to 30 days’ imprisonment. Second-time offenders found in possession of less than half-ounce of marijuana face up to $2,500 in fines, and or up to one-year imprisonment. Other Penalties The laws furthermore outline that if a person is found in possession of more than ½ oz. of marijuana, but no more than 5lbs., this is considered to be a Class 5 Felony. Any possession exceeding 5 lbs. is a felony punishable by 5-30 years imprisonment. However, many of these penalties will be substantially reduced once you actually go...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
Options After DWI Arrest – The First Offense Is this your first brush with the law when it comes to driving under the influence? Learn what options are available to avoid jail time or prevent license suspension in Fairfax County, Virginia. Have you made an error in judgment by driving while intoxicated? Have you been arrested and are now summoned to court? By now you’ve probably read the detailed list of consequences that could arise from the DMV site. The top picks in sentencing include driver’s license suspension, fines, and possibly jail time. More specifically, fines can be anywhere between the mandatory minimum of $250 and $2500, with one year’s worth of license suspension. Aggravating factors like driving with a minor, or having a blood alcohol count higher than 0.15% can also increment fines and other penalties. Options Following an Arrest If an officer suspects that a driver is under the influence of drugs or alcohol, a chemical test will usually follow. Drivers can opt out of this test, however the consequence of doing so would be an automatic suspension of their driver’ license for one year, even if you were not guilty of the DWI. This is a separate charge called Refusal. Some of the rules regarding refusals can be very complicated. Pleading The Case Is there any leniency when it comes to penalties for driving while intoxicated? For one, drivers can seek legal counsel to see if the DWI charge can be plead down to a reckless driving or improper driving offense. Reckless driving is still a misdemeanor, but these are often given a pass when viewed...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
NEGOTIATING WITH THE PROSECUTOR TO GET A RECKLESS DRIVING TICKET REDUCED If you are have received a reckless driving ticket in Virginia, particularly for a relatively low speed, you will probably be interested in getting the charge reduced. Obviously, the judge that hears the case will have the power to reduce or dismiss the charge. But charges can be reduced, and often are, through a process called plea bargaining. In a plea bargain, the Prosecutor agrees to resolve the case in a certain way if you agree to plea guilty. The advantages are obvious to both sides. From the driver’s side, you receive a certain result and avoid the risk associated with leaving the matter up to a judge who may do what you want or may impose some more severe punishment. The prosecutor also gets the advantage of a certain conviction. They also avoid having to spend time trying a case. Because of these advantages to both parties, a very large percentage of cases are resolved via plea bargain. In almost every jurisdiction in Northern Virginia, the Prosecutor will not look into the case until the day of court. This means that you will have to wait until that day to speak to the Prosecutor about a potential plea bargain. If you want to try to negotiate a reduced charge with the Prosecutor, there are a number of tips you will need to follow to get the best possible results. KNOW WHETHER THE JURISDICTION ALLOWS PLEA BARGAINS Different Prosecutor’s offices have different policies about negotiating plea deals. In Arlington, Alexandria, Fauquier and Prince William the Prosecutor will talk...
