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Possession Of Marijuana – Virginia Lawyers

If you have been charged with a Possession Of Marijuana charge in Virginia, contact our law firm immediately for help.

Possession Of Marijuana Defense in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Smith Jones v. Commonwealth

Facts:

After defendant was convicted of possession of marijuana with intent to distribute, a divided panel of the appellate court held that the evidence was insufficient to prove that defendant had guilty knowledge of the marijuana. The appellate court granted the Commonwealth’s petition for rehearing en banc and stayed the mandate of the panel’s decision. On rehearing en banc, the appellate court currently lifted the stay and affirmed the conviction. The commonwealth filed a petition for rehearing en banc after a divided panel of the appellate court held that the evidence was insufficient to prove that defendant had guilty knowledge of the marijuana. Defendant had been convicted of possession of marijuana with intent to distribute in violation of Va. Code Ann. § 18.2-248.1.

If you are facing a criminal case in Caroline, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • In a prosecution for possession of a controlled substance, the Commonwealth must produce evidence sufficient to support a conclusion beyond a reasonable doubt that the defendant’s possession of the drug was knowing and intentional. Actual or constructive possession alone is not sufficient. The Commonwealth must also establish that the defendant intentionally and consciously possessed it with knowledge of its nature and character. That knowledge is an essential element of the crime.
  • Constructive possession may be established by evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and the character of the substance and that it was subject to his dominion and control.

Possession Of Marijuana Defense in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

A Sris
Sris Law Group
1-703-278-0405

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