That depends on facts that you haven't conveyed to me. However, by statute Virginia law provides that there is no presumption of ownership or possession of marijuana just because it is found in a car, a room in a residence or hotel, or any other area that the person arrested occupies. In order to convict your brother of possession of marijuana the Commonwealth will have to prove his actual possession and/or knowledge of its presence. Attorneys who are not experienced in defending criminal cases often neglect to challenge the validity of the search. If the evidence was seized unconstitutionally (that is, in violation of the person's constitutional rights) the court must suppress the evidence at trial . In your brother's case, unless the officer had probable cause, a search warrant, saw the marijuana in plain view, or had the consent of the driver to search the car, there is a possibility the search was illegal in the marijuana suppressed.

My brother was a passenger in a car stopped by police. The police searched my brother and the driver and found nothing incriminating, when they searched the car they found marijuana. Both of them were charged with possession of marijuana. My brother told the officer of marijuana was not his before the officer arrested him. Is my brother likely to be convicted of possession of marijuana?

 

A:

That depends on facts that you haven't conveyed to me. However, by statute Virginia law provides that there is no presumption of ownership or possession of marijuana just because it is found in a car, a room in a residence or hotel, or any other area that the person arrested occupies. In order to convict your brother of possession of marijuana the Commonwealth will have to prove his actual possession and/or knowledge of its presence.

Attorneys who are not experienced in defending criminal cases often neglect to challenge the validity of the search. If the evidence was seized unconstitutionally (that is, in violation of the person's constitutional rights) the court must suppress the evidence at trial . In your brother's case, unless the officer had probable cause, a search warrant, saw the marijuana in plain view, or had the consent of the driver to search the car, there is a possibility the search was illegal in the marijuana suppressed.




Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.



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