Blurts can convict you in a drug and other prosecutions

Blurts run amok with too many people stopped by police. As a Fairfax criminal lawyer, I shook my head in my hand as I read about this blurt from now-convicted Virginia drug and gun defendant David Witcher, who went down at his non-jury trial: “’I am going to get a whole lot of charges because of what’s in there, and I don’t know what the hell in there because I just woke up.’” Witcher v. Commonwealth of Virginia, Record No. 0961-24-2 (Va. App. 2026) (unpublished). Police stopped Witcher’s car due to his license plate showing the owner had an open arrest warrant. (The federal Supreme Court permits police stops when the car’s owner is shown to have a revoked driver’s license, which goes to traffic safety, but query whether Witcher’s traffic stop was lawful, which he did not challenge on appeal– Kansas v. Glover, 589 U.S. 376. (2020).).

Fairfax criminal lawyer says not to let blurts and not staying silent with police to be your undoing

Police love blurts from suspects, as Mirandizing suspects applies to police questioning, and not to suspect statements that are not elicited by the words of police. Police next advised Witcher of his rights under Miranda v. Arizona,384 U.S. 436 (1966). When asked about Witcher’s last drug use he said he last used the day before. Witcher. Police found illegal drugs, a scale and a handgun in this car driven by Witcher, when Witcher’s prior felony conviction criminalized his possessing firearms. The definition of possession of contraband is knowledge, dominion and control. In affirming Witcher’s conviction, Witcher underlines the defendant’s own damning admission “I am going to get a whole lot of charges because of what’s in there.” Witcher also points out the sufficiency of the evidence of possession of contraband by pointing out that all the contraband was within Witcher’s reach.

Beware turning your criminal defense trial evidence into nothing better than a laughable farce

At trial, Witcher’s daughter and Witcher testified. Witcher’s daughter testified that even though she lacked a Virginia (nor any other) concealed carry handgun permit, that she had recently put a handgun under the driver seat of her father’s car, and forgot to remove it. She explained that a black bag (in which contraband was found, in Witcher’s car) was with one of her passengers, who turned out to have been killed hours before the time that his daughter placed that decedent in Witcher’s car. Witcher’s trial judge stated that his daughter’s testimony was not credible, with her claiming that a dead person had placed a bag of contraband in her father’s car, and with her mis-stating the color of the handgun she says she left in the vehicle. Witcher testified to not knowing about the handgun, and that he used the drugs for personal use only (the judge convicted him of possession with intent to distribute illegal drugs), but the judge convicted him of drug trafficking after testimony from a police expert that this quantity was too large for personal use. Witcher’s blurts made him desperate to go down the foregoing path of prevarication.

What do I do when facing substantial prison time for my alleged crime?

Out of desperation, plenty of criminal defendants will do plenty of stupid things, including lying to their lawyers, paying off people to provide false testimony, and telling lies on the witness stand. One lie often needs many lies to cover up the first lie, and so on and so on to the point that the lies mushroom so much that the liar cannot keep track of the lies. Your Virginia criminal defense lawyer is barred from knowing presenting false testimony. What do you do when facing criminal charges that might lock you up for awhile if convicted? You have no choice but to stick within the rules of law and of your oath (if you waive your Fifth Amendment Constitutional right to remain silent and testify). Plenty of great criminal defense lawyers obtain acquittals even when their client has committed a serious crime. Not always, but slipping in false evidence and testimony can both get you into hotter water and farther away from an acquittal than otherwise. Hopefully this truthful tale of the damage of Witcher’s blurts will teach others the importance of maintaining their Fifth Amendment right to remain silent with police.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your ideal defense against Virginia felony, misdemeanor and DUI prosecutions. Do you want to bring yourself closer to a great defense? Your next excellent step is to schedule your free initial in-person confidential consultation with Jon Katz about your court-pending prosecution, at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.