Legal Question in Criminal Law in Virginia

My friend had a felony for distribution in a school zone. It was a very small amount of marijuana, and they say its on video. So she accepted the plea the commonwealth offered her, which consisted of no jail time, probation, and 20yrs over her head. However, this mornning at court to hand the plea papers signed saying she accepted, thegave her a drug test, which she failed. Could they do that with her already signing the plea and accepting ??


Asked on 7/15/10, 3:10 pm

1 Answer from Attorneys
Erin Ranney Erin L. T. Ranney, PLLC

This question is hard to answer without knowing several factors. But the fact of the matter is that if she was out on bond pending the plea, then she is automatically on "good behavior" supervision by virute of her bond status. Which can include drug testing. And if it was found she was positive it would indicate she was using while on bond, which violates good behavior. The situation may be a little different than this -but that is the best answer I can give with the facts.

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Answered on 7/21/10, 7:57 am


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