Drugs

Drug detection is about chemistry, and even prosecutors' chemists -- with a never-ending stream and often backlog of alleged drugs to test while still testifying in court -- can get drug testing wrong, particularly with being challenged by mental and physical exhaustion with their heavy...

When police find suspected illegal drugs on or near a suspect, they field test the substance as part of the determination of whether to arrest the suspect(s), to search further, or to seek a search warrant.

Virginia has a sad state of affairs that allows magistrates -- who are not required to be law school graduates unless they are a chief magistrate -- to review and approve search warrant applications. Virginia non-chief magistrates only need to have bachelors degrees.

It was bad enough that 2000 federal highway legislation shoved mandatory criminalization of driving with a 0.08 blood alcohol level down the states’ throats under the penalty of otherwise losing federal highway funding. Now we have a slippery slope of governments trying to criminalize threshold...

Appellate opinions on search and seizure repeatedly uphold warrantless police searches of nearly innumerable varieties. Fortunately, today Virginia's Court of Appeals underlined the continued sanctity of the Fourth Amendment prohibition against unreasonable searches and seizures, by requiring the exclusion of illegal drugs found in Lashant...

By now, with medical marijuana legalized in so many states and legalized in four states for recreational use, we know that marijuana appeals far beyond stereotypical stoners. Its medicinal uses for pain, anxiety, depression, and attention deficit disorder come without many of the undesirable side...

The articles are many about the United States Drug Enforcement Administration's plans to decide in the first half of 2016 whether to reclassify marijuana from a Schedule I to Schedule II drug. Unfortunately, too many mass media and even special interest websites do not link...

Most criminal defense lawyers have a high number of clients who actually committed a criminal act. That reality does not automatically preclude an outright acquittal or dismissal.

Let us not have high federal conviction statistics become self-fulfilling prophesies. Criminal defense lawyers can reassure their federal prosecution clients, and all clients, that each case needs to be reviewed and prepared individually for the chances possibly to obtain the same excellent results that Daniel...

The criminal justice system at best masquerades as more just than it is. In the American criminal justice system, countless presumed-innocent people are caged on no bond or excessive bond pretrial; too many acts that should not be criminalized are criminalized (for instance marijuana, prostitution,...