251 Tag

21 Jul

Virginia drug defense – The hype of no suspended driving for a marijuana 251

Virginia 251 dispositions for drug and marijuana possession are not necessarily the panacea that numerous police, prosecutor and judges elevate them to be. Talk is abuzz about a July 1, 2017, Virginia law change that no longer requires a judge to suspend one's driving privileges for...

2017 / Drugs

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11 Jun

Beware Virginia “facts sufficient to prove guilt” dispositions

Beware when judges and prosecutors dangle before criminal defendants the prospect of an ultimate dismissal of a criminal case after first necessitating a finding of facts sufficient to prove guiltB , whether under Va. Code § 19.2-303.2 or otherwise. Beware even when criminal defense lawyers encourage...

2017 / Criminal Defense / Drugs

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27 Feb

Virginia criminal legislation- Withdrawal of felony counsel and marijuana 251 license suspension

Virginia's 2017 legislative session concluded with the following two important criminal law bills: 1. On February 18, 2017, I blogged that legislative efforts failed to exempt marijuana 251 dispositions (enabling an ultimate dismissal of a drug possession charge after a finding of facts sufficient to...

2017 / Criminal Defense / Drugs

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18 Feb

Virginia marijuana defense – Legislative efforts fail (and later win) to exempt marijuana 251’s from mandatory license suspension

Even though a Virginia 251 disposition (enabling dismissal of a first-time drug possession case after successful probation completion) can be a Trojan Horse, a 251 ordinarily is preferable to a conviction. Recently, the Virginia House of Delegates and Senate made efforts to convert mandatory...

2017 / Drugs

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04 Sep

The tragedy of unrepresented defendants pleading guilty

Unrepresented criminal defendants do all sorts of harmful things to themselves when they appear for their trial date without a lawyer. One recent situation took the cake....

2016 / Criminal Defense / Drugs

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29 Feb

A sampling of recent case successes

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....

2016 / Criminal Defense / Drugs / Drunk driving, DWI, DUI / Jon Katz's victories

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24 Nov

Achieving victory through teamwork and patience

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,...

2015 / Drugs / Jon Katz's victories

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27 Oct

Virginia marijuana defendants: Look before you leap into 251-land

In some Virginia District courtrooms, a parade of unrepresented marijuana defendants often shows up on their marijuana possession trial date. Word apparently has gotten out somehow -— perhaps from arresting officers, perhaps from friends —- that if the marijuana possession defendant has no prior convictions,...

2010 / Criminal Defense / Drugs

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