How Do Lawyers Beat Drug Possession Charges in Virginia?
Drug possession charges are on the front line of the War on Drugs, which began in the 1970s and escalated in the 1980s. Simple possession accounts for more than 85 percent of the drug cases in Loudon County. Police officers and prosecutors aggressively enforce drug possession laws. However, since these cases have so many moving parts, they don’t always hold up in court. Additionally, many people now believe drugs are a health and safety issue, not a criminal law issue.
Mostly because of these two things, a Leesburg criminal defense lawyer typically has a strong advantage during pretrial settlement negotiations. Prosecutors know proving drug possession is difficult and, on top of that, they must win over skeptical jurors. As a result, prosecutors are normally willing to make favorable plea deals. These offers often include pretrial diversion and other resolutions that don’t stain the defendant’s permanent record.
Elements of the Offense
In the everyday world, “possession” is basically synonymous with “ownership.” Both are vague and general concepts. But in criminal court, “possession” has a specific, three-part meaning that most Leesburg criminal defense lawyers call the three Ps of drug possession:
- Produce the Substance in Court: Physical evidence is usually inadmissible unless officers had a valid search warrant or a narrow search warrant exception, such as owner consent to search, applied in the case.
- Prove That Substance Was Illegal: This element is especially difficult to prove in marijuana possession cases. Illegal marijuana and legal cannabis are physically identical. Only an expensive THC content test, which many prosecutors don’t order, conclusively determines the difference.
- Establish Possession: Criminal possession is close proximity, actual knowledge, and exclusive control. Proximity is often straightforward. Knowledge and control are often almost impossible to prove.
Prosecutors must establish all three elements of possession beyond any reasonable doubt. That’s the highest burden of proof in Virginia law.
If a drug possession case, or any other illegal possession case (like a gun possession case), doesn’t include substantial evidence on all three elements, the judge may throw the case out of court. Many prosecutors will offer almost anything to avoid such an outcome.
Juror Attitudes
As mentioned, many people now believe that drug possession is a health and safety issue. Therefore, many jurors don’t want to punish alleged drug possessors, regardless of the amount of evidence. So, even if prosecutors prove their case, and that’s a big “if,” the result may be a slap on the wrist.
Additionally, many large jurisdictions, such as Loudoun County, have designated drug courts. These courts encourage soft resolutions, such as pretrial diversion, that include drug treatment and other interventions. If the defendant is a veteran, available options usually expand.
Softer juror attitudes also create the possibility of a slow plea. The defendant pleads guilty and a jury assesses punishment. So, even if prosecutors have the defendant “dead to rights,” the aforementioned slap on the wrist is a real possibility.
Connect With a Tough-Minded Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We are not satisfied with anything less than the best possible resolution under the circumstances.
Source:
drugpolicy.org/drug-war-stats/
