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Virginia Juvenile Court Defense for Marijuana Drug and Alcohol Charges

Former FBI Agent Tony Stelly can assist parents and their children who become involved in juvenile court  cases throughout the Commonwealth of Virginia, including the city of Richmond, and Henrico County, Chesterfield County, Goochland County and Hanover County.

With over 17 years of courtroom experience in the juvenile and domestic relations district courts of central Virginia, Mr. Stelly has represented teenagers charged with serious traffic offenses, drug and alcohol charges, and other crimes that would be felonies or misdemeanors if committed by a person over 18.

Our children are protected by the same laws that apply to us adults, and their interests need to be protected just as vigorously and aggressively. Many crimes committed by juveniles can have long-lasting effects because contrary to popular belief, these records are not permanently sealed, and can be accessed by certain persons and agencies. In other words, a "youthful indiscretion" may come back to haunt your teen years later.

If your teenager has been charged with reckless driving, driving under the influence (DUI), underage possession of alcohol, possession of marijuana, or any other offense that is punishable either as a Class 1 misdemeanor or as a felony, an aggressive and experienced attorney who knows how the juvenile courts system works can be a valuable asset to him or her now, and in the future.

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Blog for Marijuana, Cocaine Drug and Alcohol Charges

• Virginia Drug Lawyer Gets Goochland Marijuana Seizure Thrown Out of Court
• Virginia Drug Lawyer Provides Schedule of Penalties for Drug Crimes
• Virginia Drug Lawyer Provides Schedule of Penalties for Federal Drug Crimes
• 18 USC 924(c) Provides Harsh Penalties for Firearm and Drug Crimes
• Marijuana Possession Penalties in Virginia -- First Offense
• Federal Appeals Court Says Police May Trespass to Place GPS on Vehicles
• Cracked Windshield Leads to 30 Years for Virginia Crack Dealer
• Virginia Court of Appeals Reverses Drug Conviction; Dismisses Indictment
• Crime Lab Under Fire - Convictions Thrown Out in Drug Cases
• Crack Cocaine Sentences May Come Down
• Virginia Prosecutors Must Call Technicians to Testify at Trial About Lab Work
• Teen Drug Use -- What Parents Should Know

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Library for Marijuana, Cocaine Drug and Alcohol Charges:

• Underage Drinking Deaths: The Texas Approach   
  Texas lawmakers passed a Bill to help prevent alcohol poisonings of underage drinkers by offering immunity from prosecution to those who report it and seek help
• Warrantless Entry Into Fenced Backyard Can Result in Suppression of Evidence at Drug Possession Trial   
  When police make a warrantless entry into a person's yard to seize evidence or make an arrest on drug charges, they may have violated the Fourth Amendment
• Sentence Reductions for Crack Convictions   
  The U. S. Sentencing Commission revised guidelines for possession and distribution of cocaine base ("crack") will apply retroactively.
• Federal Drug Penalty for Possession of Small Amounts of Certain Drugs for personal Use is Moderate   
  Possession of marijuana is a federal crime, as well as a violation of Virginia law. The Department of Justice has promulgated at 21 USC 844 the civil penalty.
• If You're Smart Enough Not to Dive Into Shallow Water, You're Smart Enough to Know When Police Need a Warrant to Search Your Personal Property for Marijuana and Other Drugs   
  Unless you are under arrest, in most cases without your permission, police need a search warrant to find evidence in your car, purse, backpack or residence.
• Richmond Area Police & School Officials to Resume Drug Sweeps of Students' Lockers and Personal Effects This School Year   
  Police and pubic schools officials will in Richmond, Henrico County, Chesterfield County and in other localities announced that they will use drug-sniffing dogs and other tactics to detect drugs on public school property during this academic year. Criminal defense attorneys may be busier than usual this Fall.
• Consent to Search Car, Truck or Van May Lead to Other Charges   
  Virginia police officers and State Trooper making traffic stops sometimes ask permission to search the vehicles. More often than not, people give their consent, and sometimes that backfires when a bookbag, backpack, purse, or other closed container in the vehicle is also inspected and drugs or other contraband is discovered.
• Dangers of Teen Sexting International Issue   
  Child pornography charges may result when teenagers are caught sexting on their cell phones or in e-mails. Prosecutors in Richmond, Henrico, Chesterfield, Goochland and Hanover Counties want to address the matter as a safety issue, but are not ruling out pressing child porn charges against those sending or receiving nude images. Other countries are struggling with the issue as well.
• Scientific Facts on Teenage and Juvenile Drinking   
  The National Institute of Alcohol Abuse and Alcoholism, an arm of the federal government, presents this article on the effects of alcohol use in young persons and teens.
• Teen Rights in Police Questioning to Avoid Police Misconduct   
  All the constitutional rights that adults have also are granted to teenagers, or juveniles. Virginia criminal defense attorney and former FBI agent Tony Stelly discusses in this article how the courts must look carefully at confessions made by young people to assure that they are intelligently and knowlingly made, and not the result of police misconduct.

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Frequent Questions for Marijuana, Cocaine Drug and Alcohol Charges:

• Is it illegal to search an unoccupied car for drugs in Virginia?
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  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?

  
  
• Is it possible for a parent to be charged with contributing to the delinquency of a minor in Virginia if he serves beer, wine or a mixed drink to his 19 year old daughter in their home?
• My son is graduating high school and wants to have a party to celebrate with his friends. He also wants to have a keg of beer. What is the law in Virginia on this?
• Our 13 year old was called into the school principal's office recently. A policeman was there and he was told to answer all the officer's questions honestly if he "knew what was good for him." By the time the school called us, the policeman had gotten a written statement from our son implicating him in a criminal act for which he has been charged. Is this proper? What can we do?
• Our sixteen year old daughter's backpack was searched by the policeman who stopped the car she was riding in, and he found a small bottle of bourbon in it. She has been charged with underage possession of alcohol. She did not give her consent to search the backpack when the officer asked, but then he told her he could get a warrant if she refused.  Is this a legal search?
• Do Miranda rights apply to teenagers?

• If I am called to the principal's office at high school and asked to answer questions that could result in my being charged with possession of marijuana, do I have any rights not to answer? I'm afraid they will call in the police.

• One of my friends wants me to bring him some marijuana I got for him from another friend. I don't use drugs, and I don't want to do this, but my friend said we won't get caught. What will happen to me if I am caught with it?
• My son was leaving a fooball game  and arrested for possession of marijuana. His case in is the juvenile court, and I don't think he needs a lawyer because the juvenile court records are sealed. Am I correct?

• The law prohibits sale or possession of alcoholic beverages to or by a person who is "interdicted." What does that mean?

• My daughter was the front seat passenger in a car stopped for speeding. As the officer was talking to the driver (her best friend), he asked both of them to get out of the car because he said he saw a "pot pipe" on the floorboard behind the passenger seat. He called for backup, and then searched the car. During the search of the rear passenger compartment, he apparently found marijuana in the ashtray of one of the doors. Can the police search a car without a warrant? Can my daughter be convicted of drug possession even if the stuff isn't hers and she did not know it was even there?

• I am 15 years old.  I got caught smoking marijuana with some friends and have to go to court. What can happen to me since this is the first time I have ever done anything like this? 

• If I can join the army to fight for my country, and vote, why can't I buy beer because I'm under 21?
• Are there any circumstances where a person under 21 can legally possess alcoholic beverages, such as beer, wine or liquor?
• What can happen to me if I am charged with possession of alcohol or beer and I am not 21?
• I am a 19 year old sophomore at JMU. I attended a keg party and had a few cups of beer during the night, but waited an hour or more after my last drink before leaving so I could sober up before heading to the dorm. There were three of us in the group I was walking home with and the other two were pretty drunk -- obviously! Campus police saw my friends stumbling, and came over to us and after smelling beer on our breath, arrested all us for underage possession of alcohol. Do I need a lawyer?

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Case Results for Marijuana, Cocaine Drug and Alcohol Charges:

• Virginia Court Rules Search Illegal & Marijuana Seized Not Admissible at Trial
• Marijuana Possession Prosecution Continued in Richmond
• Teen's Marijuana Charge in Fairfax Dismissed
• Mechanicsville Man Has Felony and Misdemeanor Drug Charges Dropped
• "Bong" Found Under Passenger's Seat Insufficient for Conviction of Drug Possession
• Lack of Probable Cause to Stop Juvenile Leads to Dismissal of Underage Drinking Charge
• Marijuana Possession Charge Against Teen Dismissed

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Web Resources for Marijuana, Cocaine Drug and Alcohol Charges:

• Definition of Drug Paraphernalia

  Description: Code section 18.2-265.1 defines articles that are illegal to possess because they can be used to deliver controlled substances into the body.

• Juveniles Driving After Illegally Consuming Alcohol

  Description: Virginia Code section 18.2-266.1 prohibits juveniles from driving after they have illegally consumed alcohol. The key word here is "illegally consumed," for there are circumstances wherein a person under 21 may legally consume alcohol.

• Loss of Driving Privileges for Alcohol, Firearm and Drug Offenses by Juveniles

  Description: Virginia Code section 16.1-278.9 describes how a youngster's driving privileges may be denied, suspended or curtailed if found guilty of certain alcohol, firearm or drug offenses, among others.

• Penalties for Sale of Drug Paraphernalia

  Description: Code section 18.2-265.3 specifies the penalties a court may impose upon conviction of the saler of banned items described in the drug paraphernalia statutes.

• Procedures for Juveniles Found Guilty of First Drug Offense

  Description: Code section 16.1-278.8:01 provides that whenever any juvenile who has not previously been found delinquent of any offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic drugs, or has not previously had a proceeding against him for a violation of such an offense dismissed as provided in § 18.2-251, is found delinquent of any offense concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances and like substances, the juvenile court or the circuit court shall require such juvenile to undergo a substance abuse screening and to submit to periodic substance abuse testing, to include alcohol testing.

• Punishment of Juveniles Found Delinquent of First Marijuana Possession Offense

  Description: Virginia Code section 16.1-278.8:01 describes what the court may do to a youngster found guilty of posession of marijuana or other drugs as a first offender.

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