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...
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
How to Get Fast Defense When You’ve Been Wrongly Accused of Drug Possession Many people are wrongly accused of drug possession. So how can you fight charges, when you were found with drugs in-person and are innocent? Here are some top tips for getting the fastest defense: Exercise Your Right to Remain Silent – whatever you say can be used against you. It’s never advisable to talk to the police alone. Hire an Attorney – your legal counselor will advise you on the best course to take after your arrest, and also investigate the so-called evidence to clear your name. Get a Court Date – have your day in court by not pleading guilty and proving your innocence. What Is Drug Possession? This happens when someone is found in possession, or has control of illegal substances like heroin, marijuana, cocaine and other drugs.Penalties vary based on the quantity and the type of drugs you were found with. Top Defenses for Drug Possession Holding narcotics on-hand may seem blatantly obvious that you’re a drug pusher or user, but everything isn’t always what it seems. Here are some of the top defenses. You Were Setup – did someone plant the illegal substance in you clothing, travel luggage, or some other area you owned or controlled? Drugs Belonged to Someone Else – supposing a friend accidentally left an illegal substance in your car? If you happen to get pulled over by law enforcement, how can you prove innocence? The best answer is to seek legal representation. Police Entrapment – were you coerced by law enforcement to be a part of an...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges, Possession of Marijuana
Do I Need a Lawyer for My First Offense Marijuana Charge in Fairfax County? As a practicing drug lawyer in Fairfax County, I get a lot of calls from people who have been caught with marijuana. They often have no previous records and aren’t sure how to proceed. They don’t even know whether or not they need an attorney. Like most of my clients, these are typically good, hard-working people who were caught with small levels of marijuana for personal use. They are concerned about what will happen in court, but they also realize that marijuana is legal a lot of places in the United States and is only a civil fine just a few miles up the street in the District of Columbia. They obviously don’t want to get taken advantage of in court, but they also don’t want to pay for a lawyer if they don’t need one. Unfortunately, there is no simple answer on whether you should hire a lawyer or not for a first time marijuana charge. The decision will largely hinge on whether the individual would be comfortable with the 251 program. And to understand that you need to understand the way Possession of Marijuana cases are handled in Fairfax. ( All cases start in courtroom 2J) POSSESSION OF MARIJUANA PROCESS IN FAIRFAX RUNNING OF PRIOR RECORDS – before court your record will be run to see if you are eligible for the program. Anyone who has no drug charges on their record will be eligible. DECISION TO BE INTERVIEWED – early at the start of court, the judge will call everyone who is...
by admin | Mar 22, 2014 | Possession of Marijuana
On Tuesday, March 4, the D.C. Council voted almost unanimously to significantly ease penalties for marijuana possession. Such decriminalization made the nation’s marijuana laws among the most lenient in the nation. This approved legislation lessens the penalty of possession of an ounce or less of marijuana from a criminal offense with a penalty of six months in jail or a $1,000 fine to a civil offense that carries a $25 fine. The bill also changes the penalties for public consumption of marijuana. Originally the penalty for this offense was a $1,00 fine or six months in jail, but now the legislation lowers the penalty to a $500 fine or 60 days in jail. A councilman suggested that the bill was motivated by the common use of marijuana laws to arrest African-Americans. While progressive, the bill still has ambiguity; for example, police officers cannot arrest after smelling marijuana, but they can arrest if they see marijuana smoke. The legislation now goes to the desk of the D.C....
by admin | Feb 23, 2014 | Possession of Marijuana
With a large number of states changing their laws regarding recreational and medical marijuana, sellers were faced with a unique problem. While they may have been selling legally under state law, the sale was still illegal under Federal law. And while President Obama’s administration had directed Federal law enforcement to not enforce the laws, that didn’t make the sale legal. Since the money was gained in violation of federal law, banks were nervous to accept the proceeds. Laws prevent the banking industry from accepting money it knows comes from illegal sources. Typically designed at preventing money laundering of illegal proceeds, the legal marijuana and banks found themselves in a difficult position. Last week the administration took a major step by laying out a framework whereby banks could accept this money and not fear criminal charges for harboring illicitly obtained funds. While the President’s administration has laid out a roadmap some business leaders are still nervous about potential liability for accepting drug money, even if it is from legal operations inside the state. The guidance calls for banks to review the business operations of the marijuana distilleries they are doing business with and ensure that all business practices are legitimate. They map also included a number of issues that banks should look out for and monitor to ensure that their clients are not violating either Federal or state law. In response to the banking issues some marijuana shops have begun operating on an all cash basis, which makes operating a business very...
