Drugs

The criminal defense needs to be ready to raise and attack the following circumstances in prosecutions for possession to distribute drugs: Weight: Significant weight of the alleged drugs by itself does not constitute intent to distribute. For instance, when a medicinal user of marijuana finds...

Drug cases (marijuana and non-marijuana) are among the most common non-traffic / non-DUI prosecutions on Virginia criminal court dockets. As a Fairfax criminal lawyer, I have defended hundreds of such cases, and provide some insights herein on such defense.

Revocation of probation is a risk that many criminal defendants do not consider as much as simply staying out of jail in the first place or getting released from jail as soon as possible. As a Fairfax criminal lawyer, I know that many convicted criminal...

Barring criminal defense witnesses is a risk for a trial judge. As a Fairfax criminal lawyer, I know the importance of convincing the judge to permit defense witnesses to testify and to preserve the appellate record in the event the trial court bars any defense...

Risking bringing marijuana into Virginia or handguns out of the commonwealth brings serious prosecution exposure. As a Fairfax criminal lawyer, I know that such behavior is common in the Northern Virginia / Capital Beltway region, where one can find himself or herself in a different...

Pot criminalization unnecessarily taxes limited government budgets and civil liberties. As a Fairfax criminal lawyer and civil libertarian, I thank Virginia attorney general Mark Herring for recently stating his support for marijuana decriminalization as follows: "Virginia should decriminalize possession of small amounts of marijuana, address...

Suspects and everyone else have the right to remain silent with police. As a Fairfax criminal lawyer, I have seen too many criminal defendants create their own nooses by not keeping their mouths shut with police. Even in states requiring a person to identify himself...

Testing for allegedly illegal drugs/ controlled dangerous substances -- other than marijuana plant material (versus hashish oil) -- commonly takes at least four months in my clients' drug cases, and often longer. An exception is for marijuana plant material testing, where I have seen recent...

Dismissing or not prosecuting misdemeanor marijuana possession cases is now the policy of the chief prosecutors in Portsmouth (except for likely still prosecuting juveniles for possessing marijuana) and Norfolk Virginia. As a Fairfax drug lawyer and civil libertarian, I applaud this move and encourage a...

Conspiracy charges enable prosecutors to seek convictions for an agreement to commit a crime (together with a step towards effectuating the crime) even when the actual agreed crime is not completed. As a Fairfax criminal lawyer, I know that plenty of drug buyers are acting...