Unlawful weapon possession- Fairfax criminal lawyer addresses constructive possession

Unlawful weapon possession will often be charged against everyone near the weapon. As a Fairfax criminal lawyer, I warn you to beware who you associate with, due to the penchant that many police / law enforcement officers have to arrest everyone near contraband, and to leave it to the defendants to then hires lawyers and be on pins and needles about whether they will be convicted even if in fact innocent. A conviction for possession of any contraband requires proof beyond a reasonable doubt of knowldge, dominion and control by the accused over said contraband. That allows for a conviction for both actual possession (having the item in one’s hand, for instance) and constructive possession (for instance being next to the item) of contraband. The more you overcover risk about whom you associate with and the risky places you visit (and when), the more you reduce your risks of being dragnetted into such an arrest.

Good luck avoiding arrest for a weapon found at your feet

Zakeyis Womack was the passenger in a vehicle stopped for missing a front license plate (lesson learned to beware riding in a car with a missing license plate). Womack v. Commonwealth of Virginia, ___ Va. App. ___ (Oct. 8. 2024). Police asked if he had any weapons, and he denied the same. However, by the shifting of Womack’s feet, police found a Glock right next to them, presumably with no concealed carry permit. Womack’s lawyer looked to the existing caselaw to show that the evidence was not sufficient to convict him for unlawful weapon possession under Virginia Code § 18.2-308, but what nixed those arguments was that the weapon was straight at his feet, and the only possible other possessor still in the car was Womack’s driver (where the judge at this bench trial rejected the claim of a defense witness that she had left the handgun there.) On that note, do not be surprised when possessors of contraband in a car that a police officer is signalling to stop, toss their contraband as far away from themselves as possible. You might then be the victim of such tossing.

Arguing absence of x-ray vision in an unlawful possession case, sometimes is more of a jury issue than a appellate argument

A Virginia unlawful contraband defendant should not rely on winning a motion to strike the evidence / dismiss the case before the trial judge, nor to win on appeal for such arguments as lacking x-ray vision. Proximity to contraband can put you at real risk of being prosecuted and convicted for that. Therefore, make sure that your Virginia criminal lawyer will capably and effectively bring you as close as possible to a finding at trial (if you are unable to settle or dismiss your case to your satisfaction) of reasonable doubt that you had knowledge, dominion and control over the contraband.

Pay attention to your surroundings to reduce your risk of arrest and prosecution

Do not rely on your driver, homeowner you visit, nor hotel manager to assure that the places where police find you will be free of unlawful items / contraband. Beware carrying luggage and other items that you do not own, sitting near suspicious packages, and accepting deliveries that you did not request. Unfortunately, much in criminal defense is every person for themselves. Don’t abdicate that responsibility to others.

Fairfax criminal lawyer Jonathan Katz goes for the jugular in defending you against Virginia DUI, felony and misdemeanor prosecutions. Secure your free in-person initial confidential consultation with Jon Katz by calling 703-383-1100, emailing info@BeatTheProsecution.com or texting 571-406-7268. Usually Jon can meet with you within a business day of your contacting us.