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11/23/2011
Anton J. Stelly
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Virginia Drug Lawyer Gets Goochland Marijuana Seizure Thrown Out of Court

An illegal search and seizure was held to have occurred when a Goochland deputy found marijuana plants growing in planters on the rear deck of a home.

Category: Marijuana, Cocaine Drug and Alcohol Charges

8/5/2011
Anton J. Stelly
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Virginia Drug Lawyer Provides Schedule of Penalties for Drug Crimes

Virginia punishes drug possession and trafficking severely. Virginia criminal defense attorney provides here a list of the penalties for Virginia drug charges.

Category: Marijuana, Cocaine Drug and Alcohol Charges

8/5/2011
Anton J. Stelly
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Virginia Drug Lawyer Provides Schedule of Penalties for Federal Drug Crimes

In the U.S. District Court for the Eastern District of Virginia, federal prosecutors seek the maximum penalties for drug offenses. Here is a breakdown of them.

Category: Marijuana, Cocaine Drug and Alcohol Charges

7/28/2011
Anton J. Stelly
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18 USC 924(c) Provides Harsh Penalties for Firearm and Drug Crimes

If you are trafficking in drugs in Virginia, do not have any pistols, rifles or shotguns in your possession, lest you face serving a LONG time in prison

Category: Marijuana, Cocaine Drug and Alcohol Charges

4/5/2011
Anton J. Stelly
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Marijuana Possession Penalties in Virginia -- First Offense

A person convicted of possessing marijuana for the first time has a good chance of not getting jail time. Marijuana possession is a Class 1 misdemeanor.

Category: Marijuana, Cocaine Drug and Alcohol Charges

9/9/2010
Anton J. Stelly
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Federal Appeals Court Says Police May Trespass to Place GPS on Vehicles

The Ninth Circuit Court of Appeals ruled last month that DEA agents did not need a search warrant or court order to come onto a suspect's property to plant a Global Positioning Device (GPS) on his vehicle so they could track his movements. Appeal of the decision to the United States Supreme Court is expected.

Category: Marijuana, Cocaine Drug and Alcohol Charges

5/9/2010
Anton J. Stelly
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Cracked Windshield Leads to 30 Years for Virginia Crack Dealer

Virginia DUI/DWI traffic stops are not the only means that may lead police to bigger busts. In Newport News, a cracked windshield justified a traffic stop, which eventually resulted in the arrest and conviction of the passenger for possession with intent to distribute crack cocaine, and a 30 year federal prison sentence.

Category: Marijuana, Cocaine Drug and Alcohol Charges

5/9/2010
Anton J. Stelly
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Virginia Court of Appeals Reverses Drug Conviction; Dismisses Indictment

Circumstantial evidence must eliminate all reasonable doubt of innocence to be sufficient to convict for any crime, especially drug offenses. Recently, the Virginia Court of Appeals reversed the convicition of a Virginia man found guilty of being the lookout in a drug distribution operation because his guilt was based on speculation, not proof.

Category: Marijuana, Cocaine Drug and Alcohol Charges

4/4/2010
Anton J. Stelly
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Crime Lab Under Fire - Convictions Thrown Out in Drug Cases

A technician in the San Francisco police crime lab has been arrested on drug possession charges while an investigation continues into possible irregularities in procedures that tainted prosecutions and convictions because laboratory evidence may have been altered or mishandled.

Category: Marijuana, Cocaine Drug and Alcohol Charges

2/7/2010
Anton J. Stelly
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Crack Cocaine Sentences May Come Down

Two bills are in Congressional committees that will equalize the punishment of those convicted of possessing and distributing powder cocaine and crack cocaine.

Category: Marijuana, Cocaine Drug and Alcohol Charges

1/27/2010
Anton J. Stelly
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Virginia Prosecutors Must Call Technicians to Testify at Trial About Lab Work

In Virginia, certificates of analysis of scientific tests have routinely been admissible as evidence in court for establishing guilt in drug and alcohol cases. The procedure virginia used was upheld by the Virginia Supreme Court in Briscoe v. Commonwealth. The United States Supreme Court remanded Briscoe v. Virginia (nee, Commonwealth) to the Virginia Supreme Court, effectively killing the last chance state prosecutors had of skirting the requirement of the Melendez-Diaz decision that lab and scientific reports could not be admitted at trial just on the affidavit its accuracy by the lab technician or scientist preparing it.

Category: Marijuana, Cocaine Drug and Alcohol Charges

1/20/2010
Anton J. Stelly
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Teen Drug Use -- What Parents Should Know

Even good kids experiement with alcohol, marijuana and other drugs. A veteran Richmond, Virginia criminal defense attorney -- and former FBI agent -- offers parents some advice to assist them in keeping their children safe from alcohol and drug abuse.

Category: Marijuana, Cocaine Drug and Alcohol Charges