Legal Question in Criminal Law in Virginia
I was charged with possession of marijuana. I was in a room where people were smoking marijuana but I was not participating and never have smoked it. I also did not have anything in my personal possession. Everyone in the room was charged with possession. Can I fight this? and if i can, How?
Asked on 4/09/10, 11:20 am
1 Answer from Attorneys
David Saiki
Law Office of David M. Saiki
To convict you of posession the commonwealth must prove (1) thY you were aware of the presence and character of the marijuana and (2) that you had dominion and control over it. They must prove both beyond a reasonable doubt. If you did nor have dominion and control over the marijuana you will not be convicted. See my site for more details.
Answered on 4/14/10, 11:47 am
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