Legal Question in Criminal Law in Virginia

A guy got charged in another persons house for possession of a schedule 1 or 2. He didn't reside there but was there at the time the meth pipe with residue was found. He has no prior felonies but has a few misde. Such include driving on suspended, assualt, underage poss of alch. Is there a way to come out of this without a felony charge? Can they even charge him with that considering that wasn't his place of residence?


Asked on 7/26/10, 9:51 pm

1 Answer from Attorneys
David Saiki Law Office of David M. Saiki

Yes. The fact that he does not own the house does not shield him from potential criminal culpability. The commonwealth must prove beyond a reasonable doubt that (1) he was aware of the presence and character of the substance and (2) that it was subject to his dominion and control. It is possible to negotiate a plea to a misdemeanor or possibly dismissal depending on the facts of the case.

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Answered on 7/27/10, 10:39 am


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