Legal Question in Criminal Law in Virginia

Brother

What are the chances my brother was stopped and suspected of firing a gun in a parking lot at a night club. The officers surronded his vehicle and snatched him out the window of his car. The officers stated that there was word of gunfire coming out of a black car from an african american male in a white t-shirt and blue jeans. My brothers car is green he is african american and many young people where white t-shirts and blue jeans.He explained it wasnt him he was leaving when surronding his car the offices asked if he had a gun he said yes. The gun is regsitered to him and is clean. The found a prescription (empty) drug bottle belonging to his girl friend it was cough syrup and a small amount of marijuna enough to right him a summons but for the '' hell of it'' according to the officer send him to jail. He is 23 years old he has never been in any trouble. He has been charges with a concealed weapon charge the gun was on the floor. A controlled substance while having a fire arm. A misdemeanor marijuna charge and the cough syrup by itself. i beleive schedule 11 controlled substance. He has no record a legal gun a rx that his girlfriend has proof of. He was picking the rx presc from walgreens when he was going to leave the club.


Asked on 3/23/06, 11:57 am

2 Answers from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Brother

Your brother is in a lot of trouble and needs an attorney. Not sure what your question is otherwise. Concealed weapon and marijuana possession are class 1 misdemeanors punishable by up to 12 months in jail each. Posession of a schedule II controlled substance and the firearm charge are felonies that carry the potential of prison time. Not enough facts to determine whether the initial detention of your brother was valid.

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Answered on 3/23/06, 12:09 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Brother

Your brother is in need of a competent criminal defense counsel who will be savy enough to carefully pick his/her way through much of what has the appearance of a pretextual legal thicket, meaning a cluster of charges, at least some of which may have been brought for other than legitimate reasons, i.e., on a pretext.

If your brother cannot afford to hire such counsel on his own, he should request that the court appoint one to represent him.

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Answered on 3/23/06, 10:15 pm


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