License Suspension for Marijuana Possession in Virginia If convicted of marijuana possession in Virginia, state law requires a judge suspend your driver’s license. Two main policy concerns are used to justify suspension: first is to prevent individuals using drugs from driving while under the influence; and second to punish and scare those who used drugs by taking their driver’s license. If facing a Virginia marijuana possession charge, consult a local attorney for assistance in reducing the charge and preventing suspension of your driver’s license. → Read More
I was arrested for possession of cocaine, but it was just dust residue. Can they do that? I got busted for possession of cocaine, but it was just dust residue! There was not enough there to get a canary high. Can they do that? → Read More
If someone else’s drugs were found in my car after I was arrested for DUI, can I be charged for possession? I was driving one of my family’s cars when I was stopped for DWI. When they arrested me they searched the car under what they call an inventory search. They found drugs under the front seat. I was charged with possession. → Read More
What is an illegal search and seizure? When a police officer conducts an illegal search and seizure the evidence obtained as a result of the illegal search cannot be used against you. This usually results in a dismissal of the case if no other evidence besides that obtained in the search exists to support a conviction. → Read More
Can the police legally look through my garbage? The U.S. Supreme Court has decided that cops can search and seize abandoned property. In essence, once papers or contraband have been thrown into a trash receptacle, it is considered ‘abandoned’ and anyone, including the police, can look through it and claim ownership. A trash search will not constitute an illegal search and seizure in the eyes of the law. → Read More
What should I do if the police found drugs that weren’t mine during a car search? Anytime a police officer finds drugs in a car that you are driving, you can face serious criminal charges. Find out what you can do to help your defense when the drugs found by police did not belong to you. → Read More
Can a police officer search a passenger in a car that has been stopped for speeding? When police pull over a car for speeding, passengers may only be searched under certain circumstances. Police must have either’probable cause’ or’reasonable suspicion’ to legally breach the privacy of the car’s occupants. However, passengers often do not enjoy any greater privacy than drivers. → Read More
What are the differences between petty offenses, misdemeanors, infractions, and felonies? Criminal law is a very broad area of law which can cover everything from a traffic ticket to a murder charge. General principles of criminal law such as’the right to remain silent,’ are guided by rights and general procedures outlined in the Constitution. Most states will have a classification system which divides criminal offenses into different levels including petty offenses, infractions, misdemeanors, and felonies. → Read More
My previous probation officer allowed me to report by phone. What do I do if my new PO sees this as a violation, even though I complied with all of the terms of my probation? Your first step is to start reporting as your new probation officer wants you to. This will demonstrate that you are actively trying to stay in compliance. To deal with the past phone reporting issues, you should consult with a defense lawyer that specializes in criminal law. → Read More
Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under Illinois marijuana laws? In Illinois, as in most states, you can be charged with possession of marijuana if it is found in a car in which you are a passenger. However, if the marijuana was not found on your person and did not belong to you, you have a good defense against conviction in Illinois. → Read More
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