Legal Question in Criminal Law in Virginia

My step son was pulled over yesterday and the officer searched his vehicle and seized a needle. the officer told him that he would send it to the lab to be tested, and he would hear from him in about four months.

the officer ticketed him for not having his address up to date on his drivers license.

he is a college student that lives in an apartment. his license has his home address, not his apartment. he did not provide him any paperwork outside of that.

My question is, was the officer trying to scare him or will he later deliver a possession charge?


Asked on 1/18/15, 8:24 am

1 Answer from Attorneys
Michael Sprano The Sprano Law Firm, LLP

It is most likely that the officer will indeed submit the needle to the lab, if the test comes back positive, your step son will be charged. It is fairly routine in Virginia for the police to charge people with possession based on nothing more than residue.

Being charged and being convicted are not the same thing, however. It is possible your step son may have some strong defenses to the charge. A lawyer could challenge the search itself, and/or contest whether the state could prove that your step son both (1) knew the needle was there, and (2) knew what was in it.

Best advice you could give your step son at the moment is not to talk to the police about this if and when they do contact him. He will need a lawyer experienced in handling drug possession cases.

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Answered on 1/18/15, 11:20 am


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