Legal Question in Criminal Law in Virginia

Federal prosecution/first offense/marijuana?!!!

On Aug. 7th, I was arrested on federal property (Wolf Trap Farm Park, Vienna, VA) for ''Sales without a permit'' (concert tickets); I also happen to have a tiny amount of marijuana in my pocket (I would estimate about a tenth of a gram), which I was also charged with. I have first appearance scheduled for Tuesday, 8/27 and have no idea what to expect; this is a first offense. I was told this first appearance will not be a trial, but simply to determine bail or bond or whatever. Can I get away without having an attorney present for this intitial appearance? Will I need to have bail money with me? And most importantly, is it conceivable that bail will be denied an that I will be walked off to jail right then and there to await trial?!! I do not have the $1000 or more that an attorney would charge me; am I entitled to a court appointed attorney? How do I go about requesting one? May I request one in advance of my initial appearance?

Any help that anyone can give would be greatly appreciated.

Thanks much!


Asked on 8/20/02, 11:03 pm

1 Answer from Attorneys
Patrick Stiehm Stiehm Law Office

Re: Federal prosecution/first offense/marijuana?!!!

You have asked 6 question. The questions and their answers are as follows:

1. Can I get away without having an attorney present for this initial appearance?

Probably. Lots of people do.

2. Will I need to have bail money with me?

It would be smart to make arraignments in advance to get it if necessary. Assuming however,

that you have ties to the community and there is otherwise not a good reason to require bail, you

probably won�t need it.

3. And most importantly, is it conceivable that bail will be denied an that I will be walked off to

jail right then and there to await trial?!!

Is it conceivable? Yes. Is it probable. No.

4. I do not have the $1000 or more that an attorney would charge me; am I entitled to a court

appointed attorney?

The court will determine that at your initial appearance, based on income assets etc. and weather

the government may seek jail time. (How hard have you tried to get an attorney?)

5. How do I go about requesting one?

The Magistrate Judge will make inquiry of you on the matter.

6. May I request one in advance of my initial appearance?

No that is one of the purposes of the initial appearance.

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Answered on 8/21/02, 7:39 am


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