Plain sight of contraband can put a damper on a Virginia criminal suspect’s day

Plain sight is the delight of police and the bane of a criminal suspect. As a Fairfax criminal lawyer, I was not surprised to read that Joseph Blake Widgeon’s lost his challenge to his car search that followed a law enforcement officer’s (LEO’s) seeing an open beer bottle in his vehicle’s center console. On top of that, Widgeon mistakenly (to have talked at all) and contradictorily told police “’I ain’t been drinking; that’s the only beer I’ve had,” and he indicated that there were more in a cooler in the back.” Widgeon v. Commonwealth of Virginia, Record No. 1350-24-1 (Va. App. 2026) (unpublished). What started as a search for alcohol containers with the LEO suspicion of violating Virginia’s DUI law, escalated into a drug search when police found a scale caked with a white powdery residue suspected to be a controlled substance.

Is my Virginia criminal defense goose cooked for claimed police plain sightings?

Regardless of how strong or weak you may perceive your Virginia criminal defense to be, never give up and never give in. You need to obtain the best possible criminal defense lawyer for your case and need to fight, fight, fight. As to alleged plain sightings, just because a police officer calls a cat a mouse does not make it a mouse. On the other hand, with Fourth Amendment Constitutional challenges to police searches and seizures, in numerous respects (for instance with search warrant applications, and when the defense does not present counter-testimony at suppression hearings), judges will place great weight on the assertions of law enforcement officers. While I cannot as an attorney tell people how to commit crimes, I do say that I do not stop wondering how often so many people possessing contraband make themselves sitting ducks to be found out.

Using questionable police searches and seizures to help with settlement and plea negotiations

Neither a Virginia criminal defense lawyer nor assistant commonwealth’s attorney / prosecutor always know how a judge will rule on a Fourth Amendment or other argument, whether about alleged plain sight or otherwise. That not knowing how a judge and jury will decide is my entree to pointing out to a prosecutor the risks and possibilities that both sides have to prevail, and why that supports reaching the most favorable possible settlement for my client (with a dismissal without a conviction being the ideal settlement).

What should I do if charged with a Virginia drug felony?

Plain sight defendant Widgeon was convicted of a subsequent offense of methamphetamine trafficking. That kind of allegation — if proven — is not going to engender much sympathy in others. Being a drug consumer only can receive sympathy and understanding, and a criminal defendant can certainly argue that he is only a user and not seller (or neither). In any event, when you are charged with a Virginia drug felony, you want to obtain a lawyer who knows what they are doing, will fight like hell (and effectively) for you, and fight as a team with you. I am honored to fully defend those accused of drug crimes.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia drug, felony, misdemeanor and DUI prosecutions. Jon Katz will be delighted to meet with you for a free in-person initial confidential consultation about your court-pending prosecution, by your scheduling your meeting at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.