What Are Some Other Questions Asked In Drug Cases?
What Happens In Cases Where The Driver Doesn’t Have Any Drugs On Their Person But A Passenger In The Car Does? Can You Still Be Charged In Those Cases?
Possession in the state of Virginia does not require that the drugs be located on your person. Constructive Possession refers to instances where you might not have physical possession of the drugs in questions, but the Commonwealth tried to prove you had: 1. Knowledge of the drug’s presence in or on your property, 2. Knowledge of the drug’s character, and 3. the ability to maintain control over the property. For example, let’s say you and a friend go to purchase drugs and place them in the center console of the car. The police can charge you and your friend with the possession of the drugs. If you are aware of the character and presence of the drug and you can exercise dominion and control of it, then you can be charged with a drug related crime as well even if it’s not on your person.
Moreover, ownership of the property or premises where drugs are found does not create a presumption that the owner possessed the drugs. However, constructive possession can apply to a group of people. Often, when the police do not know whose drugs they have found, they will charge everyone.
What Is The General Timeline Of A Drug Related Case? How Long Do These Cases Typically Take To Be Resolved?
Typically, a misdemeanor drug case will be resolved within 90 to 120 days. It’s most likely going to proceed in the General District Court. The first appearance for the defendant would be an arraignment (sometimes called an advisement hearing) and at the arraignment, the judge will inform the defendant of the charge against the, determine whether the defendant will hire their own attorney, and set a date for trial.
If you’re charged with a felony, at your advisement hearing, the next thing to be set is going to be a preliminary hearing in a district court. If your case goes to a preliminary hearing and the judge finds probable cause, the charge(s) will be certified to the Circuit Court for further proceedings. Once the case is before the Circuit Court, the charges may be set for jury trial bench trial, or entry of plea depending on the particular defense strategy unique to each case.
The process in circuit court usually adds anywhere from 90 days to another six months on to a case. Some of the bigger drug distribution and conspiracy cases will be set out for multiday jury trials, usually two to four months away from term day. If convicted at trial, sentencing usually occurs within 60 days of the verdict.
If you need answers to Other Questions Asked In Drug Cases, call the BUGG LAW FIRM, PLLC for a FREE Initial Consultation at (703) 552-2462 and get the information and legal answers you’re seeking.
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