Legal Question in Criminal Law in Virginia

marijuana stems & seads found in vehicle

20- Female

i was pulled over for failing to signal while switching lanes in fairfax, va ; the officer walks up and smells the reminence of marijuana and i allowed him to check the vehicle , completley unexpecting of seads and stems in the ashtray. I explained to the officer that i often let my boyfriend use the car . as he did earlier and hadnt even hit me that the car smelled like marijuana at all. my passenger told the officer she didn't smoke. i told the officer i used to smoke every now and then. i didnt explain that id recently been to a sort of rehab center for substance abuse and currently had a cold and couldn't determine that the car even smelled like marijuana. Do I have a legitimate case here - as far as proving that I hadn't a clue that i was doing anything illegal? Do i have enough to potentially represent myself? Should I write a letter to the judge before my court date? Help. Can i just present papers saying ive been to rehab and testify that ive been sober...and that i need my license to drive to and from work! and lastly, do i need my passenger as a witness? what do I have to prove in order to represent myself? I need a free consultation from a fairfax virginia lawyer or something to that extent.


Asked on 2/03/08, 2:33 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: marijuana stems & seads found in vehicle

Assuming that you've been charged with a criminal misdemeanor(marijuana possession), a jailable offense, you'll need more than your well intentioned efforts to represent yourself(pro se) and a free consultaion "from a fairfax virginia lawyer"; you will need a competent Virginia defense counsel to represent you on this charge, and if you cannot afford to hire such on your own, then you should ask the court to appoint one for you.

(And, no, whatever you do at this juncture in the case, do not write a letter or attempt to communicate in any manner with the judge, even if you could possibly identify this person at this early stage in your case.)

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Answered on 2/03/08, 5:53 am


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