Legal Question in Criminal Law in Virginia

Possession of Marijuana - 1 gram

Driver and Passenger are sitting in a jeep getting ready to smoke, in the parking lot of an apartment complex. Police arrive, walk up to the jeep and ask the driver and passenger if they had been drinking. Both said yes and were ask to step out of the vehicle. They were searched and both were arrested for possession of marijuana. They were not taken to county lockup, they were taken to a police substation and questioned about a white residue on the dashboard of the driver's jeep. Also, when the jeep was searched the police found a sandwich bag with white residue on the inside. The police told both the Driver and Passenger that if the white residue was cocaine and the prints on the bag came back as their prints they would be charge with felony possession of cocaine. Both driver and passenger were released without being charged with anything. Also, the Jeep was at the substation when to Driver and Passenger were released. If they are not charged with the felony possession of cocaine can they be charged with possession of marijuana even though they were released without being charged of anything? Also, can a police officer drive the jeep to the substation without permission?


Asked on 1/02/08, 9:10 am

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

Re: Possession of Marijuana - 1 gram

Yes, and yes.

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Answered on 1/02/08, 10:08 am


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