Legal Question in Criminal Law in Virginia
Marijuana poss w/intent to Dist
My son and eight of his freinds house was part of a home invasion and robbery. When the police arrived in response to the robbery the house was searched by the Norfolk police. Among the multitudes of paraphnalia found in various places(sawed off shotgun, marijuana and pipes), they found 1 whole bag of pot weighing 36 grams, and a scale in my sons room along with 3 months worth of his pay in a safe. Because he refused to be questioned w/o an attorney, the police subsequently charged him with Poss and distribution. Of all the people involved, he was the only one charged with anything. He also has a previous poss charge pending. He is free on a $7,500 bail bond and is being arraigned 12 October. What should we do to preseve what he has left of his life ?
2 Answers from Attorneys
Re: Marijuana poss w/intent to Dist
Preserve what's left of his life? 1 1/4 oz of pot isn't the crime of the century. And he was right -- I presume because you taught him well -- to demand an attorney and not answer questions. This will make his attorney's job far easier. Now help him get one.
Re: Marijuana poss w/intent to Dist
First of all, I don't think your son made a mistake by refusing to talk to the police. I never recommend that my clients make a statement to the police unless I am present. An experienced attorney will review all the facts to determine if your son has any defenses. If there are no viable defenses, then it is very possible the prosecutor could offer a plea bargain. Please do not get discouraged because although these charges are serious, there are definitely things your son can do to help his cause. Please do not hesitate to contact me to discuss this matter further. I am and ex-prosecutor and have been a defense attorney for the past fifteen years.
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