757-625-1775

Drugs in Cars

This us a subject of great importance in my practice. The issues involved go off in different and surprising directions.
Lets say a small packet of cocaine is found by an officer underneath a cup in the cupholder in the console of a car. No one but the driver in the car and the car is registered to the driver.

Can the driver be convicted of possession of the cocaine? It”s a felony in Virginia, carries up to 10 years in prison. Serious stuff.
Well. the answer is no. Everyone in the criminal justice system in Virginia online casino knows this. You need more than just that. More importantly, the police know it. Without more the driver will not be charged, and I never get to see him as a client.

The usual is that the officer showed the cocaine packet to the driver and said “What about this?” My driver, client, responds, “yeah, that”s mine.” Case over, end of story. If the driver says nothing or denies seeing it, more is needed. Ofter the driver makes a furtive gesture towards the cocaine packet. I really don”t know what that is. Other times the packet is “in plain view.”

But most often it”s the drivers admission that sinks the ship. Tough case under those circumstances. Confession is good for the soul, not good for a guys freedom.