Possession Of Marijuana – Virginia Lawyers
If you have been charged with a Possession Of Marijuana charge in Virginia, contact our law firm immediately for help.
We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.
Possession Of Marijuana Defense in Virginia.
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Smith Jones v. Commonwealth
Facts:
After defendant was convicted of possession of marijuana with intent to distribute, a divided panel of the appellate court held that the evidence was insufficient to prove that defendant had guilty knowledge of the marijuana. The appellate court granted the Commonwealth’s petition for rehearing en banc and stayed the mandate of the panel’s decision. On rehearing en banc, the appellate court currently lifted the stay and affirmed the conviction. The commonwealth filed a petition for rehearing en banc after a divided panel of the appellate court held that the evidence was insufficient to prove that defendant had guilty knowledge of the marijuana. Defendant had been convicted of possession of marijuana with intent to distribute in violation of Va. Code Ann. § 18.2-248.1.
If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Virginia Court made the following holding:
- In a prosecution for possession of a controlled substance, the Commonwealth must produce evidence sufficient to support a conclusion beyond a reasonable doubt that the defendant’s possession of the drug was knowing and intentional. Actual or constructive possession alone is not sufficient. The Commonwealth must also establish that the defendant intentionally and consciously possessed it with knowledge of its nature and character. That knowledge is an essential element of the crime.
- Constructive possession may be established by evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and the character of the substance and that it was subject to his dominion and control.
We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.
Possession Of Marijuana Defense in Virginia.
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.