Contraband defense needs to focus on strong trial court defense needs to attack the elements of knowledge, dominion and control, says Fairfax criminal lawyer

Contraband defense became more of a challenge than ever when the Virginia Supreme Court reversed the commonwealth’s Court of Appeals’s wise reversal of a drug conviction where the defendant clearly had no x-ray vision to have known that a handgun and cocaine were in the glove compartment in his vehicle. Garrick v. Commonwealth of Virginia, ___ Va ___, 2024 WL 2064603 (May 9, 2024). As a Fairfax criminal defense lawyer, i know that in Garrick, police searched the car in which Garrick was asleep in a parking lot. Without concluding whether the search was lawful, the Court of Appeals wisely recognized that Garrick did not have x-ray vision nor other superhuman powers to have known about the contraband in his glove compartment that led to his conviction for possession of a Schedule I or II controlled substance and unlawful possession of a firearm with a violent felony conviction. On appeal, the Virginia Supreme Court leaves the entire matter up to the factfinder (Garrick had a bench trial), where, as here, the evidence supported an argument that Garrick had been in the car awhile (he was sleeping therein), knew the contents of the glove compartment (car maintenance receipts were strewn among the glove compartment contraband), and he had immediate access to the glove compartment and its contents.

Contraband defense starts with knowing the definition of possession of such items

Contraband defense starts with knowing the definition of possession of such items. Being in possession of any lawful or unlawful substance is defined as having knowledge, dominion and control over the item. “To support a conviction based upon constructive possession, the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the contraband and that the contraband was subject to his dominion and control.” Garrick (citations omitted). For drug defense, be ready to argue that merely knowing an item is present does not automatically mean you know it is contraband. For instance, the item in a bowl in front of you may be cocaine, but if it looks to you like sugar, that is a defense right there either to challenge whether it is proven beyond a reasonable doubt whether you knew the item was coke, or for you simply to waive your Fifth Amendment Constitutional right to silence, and to testify (if honest to do so) that you had no inkling that the substance was cocaine or any other unlawful substance.

How do I avoid being caught with illegal drugs or other evidence of crime?

A Virginia criminal defense lawyer may not advise people how to successfully commit crimes. By the same token, a person’s contraband defense is made harder when they draw unnecessary attention to themselves, make the contraband easy for the police to legally find, and let the contraband be near documents with their name. Here, Garrick was a sitting duck so long as the search of his car was legal, being the sole occupant of a car with his glove compartment’s cocaine and firearm at his ready use, with car maintenance records strewn among those items. On a more basic level, if you are not involved in criminal activity, think twice before being nearby people who might be in possession of contraband.

What do I do if arrested for possessing or dealing in illegal drugs or other unlawful items?

As a Fairfax criminal lawyer, I know that when you are stopped, interrogated, arrested or prosecuted for an alleged crime, it is essential for starters for your contraband defense that you bite your tongue (preferably proverbially, but literally if needed) to avoid waiving your Fifth Amendment right to remain silent with the police. Trying to talk yourself out of the situation is at your own peril and is likely to dig you into a deeper hole. Beware wagging your tongue to anyone, not even your friend, lest you learn that your friend has sold you down the river to seek to preserve their own hide by snitching and otherwise working with the police as a confidential informant and as a facilitator of drug deals. Do not delay in obtaining a qualified Virginia criminal lawyer to pursue as much victory and justice for you as possible.

Fairfax criminal lawyer Jonathan Katz takes to defending against your Virginia DUI, felony and misdemeanor prosecution like a dog to raw meat, not only loving the work but also laser-focused on formulating and effectuating the defense at hand. Call 703-383-1100 for your free in-person initial confidential consultation with Jon Katz about your court-pending prosecution. You may also reach us at info@BeatTheProsecution.com , and by text at 571-406-7268.