Legal Question in Criminal Law in Virginia

First offense..Posession of Marijuana

I was pulled over for speeding..the officer asked if I had anything in the car that I shouldn't..I advised the officer that I had a pipe and 12 grams of Marijuana..I was written 2 tickets..1 for speeding and the other for posession..this is my first offense..what should I expect from the judge??


Asked on 9/18/00, 4:27 pm

1 Answer from Attorneys
Robert Smallenberg Robert H. Smallenberg, P.C.

Re: First offense..Posession of Marijuana

Your big mistake was telling the officer about the marijuana. Even had the officer searched your vehicle and found the marijuana, the commonwealth is required to prove that you exercised dominion and control over it. This is often difficult to do when the marijuana is found eg. in the glove compartment. It is easy to prove when the marijuana is found on the person or a statement is made about its presence.

You might be a good candidate for first offender expungement. You should consult an attorney regarding the all of the facts of your situation and the attitude as to using such status in the jurisdiction where you are charged.

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Answered on 10/19/00, 11:03 pm


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