Our office tries to develop a plan of action for people and that plan of action involves them doing things to help themselves. In all cases, we’re looking to see what legal defenses we can make, always trying to see whether or not it’s a valid arrest, seeing whether or not there is a valid search of a person, seeing whether or not they made any statements, and if they did, seeing whether or not we can get those statements suppressed. We can try to attack it from a legal perspective to try to see what we can do to get the charge reduced or dismissed that way.
If the prosecutor and the police officer have an “air-tight” case, we always like to have people do certain “homework” assignments. Depending on what the charge is and depending on what the severity of the charge is and depending on what the person’s prior record is, a number of factors go into what we give people when we’re developing their plan of action.
This can involve doing community service before the person’s court date or doing substance abuse programs. Depending on what the basis of the stop of the person’s vehicle and where the drugs were found, we might have people do driving courses as well or attend counseling sessions. There are a number of things that we have people do that can help benefit in the long run and can greatly help that person in trying to get their charge reduced or dismissed.
Despite what people think, in most situations, the court is not looking to punish people; they are looking for people to help rehabilitate themselves. So, if somebody goes out and punishes himself and shows the court that they’re taking every effort to rehabilitate themselves to make sure that they are not put in a situation again, the court tends to favor those people. What we try to do is put them in a position so that the court looks upon them favorably and sees how seriously they’re taking this charge.
If you show up to court and have community service hours completed and you’ve taken substance abuse treatment, you have letters of recommendation, and you’ve taken a driving course, these are things the court likes to see. These give the court a reason to want to show favor upon a person and to show leniency upon the person.
How Are Prescription Medication Cases Handled in Virginia?
Prescription medications are still controlled substances. Depending on what the medication specifically is, it could be a schedule I, II, III, or IV drugs, so it could be inside the same schedules as cocaine, heroin, etc.; it just really depends on what the drug is. The court take those cases very seriously. When you have prescription medication and you don’t have a valid prescription for it, the court takes those cases just as seriously as if it was another type of drug such as cocaine or heroin.
How Can People Unintentionally Hurt Their Pending Drug Case?
Talking is the most common way the person hurts themselves. In most cases, drugs are not found on a person. They are found in something that they are near or in their vehicle or home. There is a statute that indicates that merely being in the same vehicle or the same home is not enough to prove that person was in possession of those drugs. There has to be something more.
In most situations, that something more is the person admitting to the drugs but I will give you an example. If a police officer finds marijuana in the center console of a that you own and are occupying, finding that marijuana is not enough to charge somebody with possession of marijuana.
But if that cop finds that marijuana and a person says, “Yes, that is my marijuana,” or if the police officer sees you making furtive gestures towards that marijuana, that’s typically enough. Let’s say you get pulled over and the cop sees you putting something inside of the center console and then he searches your car and he finds marijuana inside the center console, well those motions that you made towards that center console then could be used against you.
For more information on Aggravating Factors for Drug Charges, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (703) 548-1462 today.