Legal Question in Criminal Law in Virginia

Conspiracy to distribute

My 20 year old daughter has been indicted on four counts of conspiracy to distribute cocaine to a jail through the mail. Yeah, she made a bad choice. Anyway, the detectives wanted to ''talk'' to her about a letter that they intercepted. She told them everything that happened, not really realizing that she probably needed a lawyer present, which she didn't. (They told her they couldn't make that decision for her.) She's out on bond, and the lawyer we have says that the only thing we can do now is hopefully get some of the convictions dropped and bring in character witnesses to help her case. Her lawyer said she's guilty, and that she admitted it, and there is not much that can be done at this point.

Should I get a second opinion from another lawyer? or is this the best we can get? Is it normal practice to talk to another lawyer or is it frowned upon?

I read another letter about the detectives not being your friends and don't say anything to them, but it's too late for that now. Hindsight is better than foresight.

I'm just happy with the attitude of her lawyer.

Thanks.


Asked on 6/21/06, 2:32 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Conspiracy to distribute

I was taught that if one is being questioned and speaks the word "lawyer" (as in Do I need a lawyer?) this was enough to invoke the individual's 6th Amendment rights and that the officers must then stop the questioning. But I do not regularly practice criminal law in Va. There are a lot of bad / lazy / incompetent lawyers out there, I am not saying hers is necessarily one of these (this is a lawyer you retained? or a court appointed lawyer? big difference), but I would definitely get a 2nd opinion.

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Answered on 6/21/06, 2:51 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Conspiracy to distribute

The question you've raised from a legal perspective is whether there may be in your daughter's case sufficent grounds to suppress the

incriminating statements which she made to the officers prior to her arrest.

I would say, based upon the cursory information which you've provided, probably not, but without a more comprehensive detailing of all of the relevant facts leading up to and surrounding her statements to the officers, there's no way to render a reliably definitive conclusion on the matter.

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Answered on 6/22/06, 9:45 pm


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