Closeness to contraband is your real risk, says Fairfax criminal defense lawyer

Closeness to contraband is the last thing you want. As a Fairfax criminal lawyer, I know that the Virginia appellate courts will not have bleeding hearts for your protests if police find illegal drugs or other contraband near you after you have fled from the police. The Virginia Court of Appeals has reiterated: “‘Proof of actual possession [contraband] is not required; proof of constructive possession will suffice.’… The Commonwealth may prove constructive possession by establishing ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the [contraband] and that it was
subject to his dominion and control.'” Turner v. Commonwealth of Virginia, Record No. 0948-23-4 (Va. App. Oct. 15, 2024) (unpublished).

Silence and non-furtive actions are the way to go with suspecting police

In response to a hotel manager’s reports of a vehicle flashing its lights at people, police found Turner in the passenger seat before existing, and attempted to engage him in conversation. Turner did not respond, and police then told Turner to ‘stop reaching’ and to remove
his hand from his pocket.” Turner. Instead, Turner ran away, police ran after him, he fell soon after, police detained him, and found a substantial amount of cocaine a few feet from where they apprehended Turner. On top of that, police found half an aluminum can outside the same car with cocaine residue, and the other half in the passenger seat. With this closeness of Turner to the cocaine, and after being Mirandized, he denied knowing about any drugs. Even if Burgess was carrying drugs on him, had he simply stayed put and said nothing, he would have been better protected by the Constitution’s Fourth Amendment against any searches at all. Instead, the federal Supreme Court describes ‘unprovoked flight upon noticing the police” as ‘the consummate act of evasion’ which is ‘suggestive’ though ‘not necessarily indicative of wrongdoing.'” Turner. Turner’s very action of fleeting police — and repeatedly reaching towards his waistband — turned what could have been an unconstitutional seizure and search of Turner into a situation in which he was on a weaker Fourth Amendment footing.

If I remain silent about my absence of knowledge of contraband with substantial closeness to me, does my silence implicate me in wrongdoing?

Too many criminal suspects waive their Constitutional Fifth and Sixth Amendment right to remain silent with the police. It can be tempting to proclaim innocence to investigating police in the hopes of avoiding a prosecution for closeness to contraband, but your talking with police, as a suspect, without the assistance of a qualified lawyer, can bury you, or else harm you in lesser but still signficant ways. Your assertion of silence with police cannot be used agasint you at trial.

How do I win my Virginia criminal trial if I did run from police and did deny any wrongdoing to police

Plenty of people take unwise actions and speak unwise words near the police when faced with closeness to contraband or to other criminal activity. Big points for Turner to hammer home in court were that some other person could have caused the cocaine to be found where the police found it. His flight could have been not from any consciousness of guilt, but from fear of law enforcement in the light of all the fatal and severe injuries to so many people at the hands of police in recent years. However, to exercise self help by talking with police as a suspect, without a lawyer, pits you against an experienced law enforcement officer; those are not sensible odds.

Fairfax criminal lawyer Jonathan Katz knows that the allegations can get messay against those accused of Virginia DUI, felony and misdemeanor offenses. Jon Katz is ready to cut through, minimize, and transcend that mess to get to the heard of pursuing your best possible defense in court. Call 703-383-1100, email info@BeatTheProsecution.com and text 571-406-7268, to secure your free in-person confidential consultation with Jon Katz.