Legal Question in Criminal Law in Virginia

It was myself, my roommate, and our two friends. We all had walked down to our friend�s apartment to hang out with our friends from back home. We had a few drinks there and walked back my dorm room. My roommate and I left them in the room and went downstairs to pick up a pizza we had ordered. We ate it downstairs in the lounge and went back to our room. Our friends were not in the room when we came back so I decided to go to sleep and my roommate decided to look for them. I got in bed and was there for a few minutes when my roommate came back and told me we were in trouble. We went downstairs where our friends were being charged with underage possession of alcohol by two police officers. After they were charged they turned to my roommate and I, and told us that we were being charged with underage possession of alcohol as well. We did admit to drinking earlier that night, but only 1-2 drinks about at least 4 hours prior. I saw a judge today at court and pleaded not guilty due to lack of evidence that I had possessed alcohol but was still found guilty. The judge said it was because I had admitted to drinking earlier and even if I didnt have any alcohol in my possession there is a statute of limitations that they could still charge me for. I am wondering what the statute of limitation is. Is it 24 hours or longer? Or is it related to the amount of alcohol that I had consumed? And, should I get a lawyer and appeal the decision? I can tell more about the story if more info is needed.


Asked on 10/22/09, 2:09 pm

3 Answers from Attorneys
Michael Sprano The Sprano Law Firm, LLP

It sounds like the judge convicted you of possession within the body. The term "statute of limitations" does not apply here so you may have misheard / misunderstood that.

Based on your description of events it is my opinion there are several possible defenses in your case. I would advise you to retain a lawyer and appeal the case. The deadline for noting the appeal is 10 days, so you should do that even if you have not yet secured the services of an attorney. All you need to do is go to the GDC clerk's window and tell them you want to note your appeal. They will give you the necessary paperwork.

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Answered on 10/27/09, 2:34 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

I agree. As you have potential defenses, you need to file your appeal ASAP at the clerk's office and get a lawyer, if you plan on contesting this.

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Answered on 10/27/09, 3:07 pm
sheryl shane sheryl shane, attorney at law

Generally, a confession is not enough to convict someone of a crime. I would need to hear more facts. I agree with two prior attorneys. Note an appeal. I certainly would.

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Answered on 10/27/09, 8:13 pm


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