Towards the end of last month, a court of appeals in Virginia had to decide whether to reconsider a defendant’s guilty conviction for possession of methamphetamine. Originally, the defendant was charged and convicted after officers found drugs in the back of his...
In a recent case before a court of appeals in Virginia, the defendant argued that the judge in the lower court unfairly sentenced her after she violated the terms of her probation. On appeal, the court looked at the evidence and agreed that the court imposed an excess...
Earlier this month, a circuit court in Virginia was faced with the decision of whether to grant a defendant’s appeal in a case involving marijuana and firearm possession. In his appeal, the defendant argued that because of his constitutional right to privacy, the...
Recently, an appellate court in Fairfax County determined that the trial judge incorrectly allowed a trial to proceed in a criminal defendant’s drug case. Because the lower court improperly allowed the defendant’s case to move forward, the defendant was entitled to a reversal. The court then vacated the defendant’s conviction. Facts of the Case According to the opinion, the defendant…
The Fourth Amendment to the U.S. Constitution protects Virginia residents from unreasonable searches and seizures by the government. In the context of criminal law, the Fourth Amendment generally requires law enforcement officers to obtain a warrant from a judge...
Virginians who feel that they may be experiencing a drug or alcohol overdose are stuck between a rock and a hard place. They either seek medical help just to potentially be criminally charged with driving under the influence or drug use, or they do nothing and put...
In a recent case coming out of a Virginia court, the Commonwealth attempted to argue that the defendant’s motion to suppress incriminating evidence should have been denied. Originally, two officers pulled the defendant over in his vehicle and searched the car after getting a glimpse of an open container as well as a bit of marijuana inside. The defendant argued…
In a recent case coming out of a court that oversees the Commonwealth of Virginia, the defendant appealed his 219-month sentence based on drug convictions. On appeal, the defendant argued that a law passed in 2010 reduced the maximum sentence he could face for a conviction related to cocaine possession. The court looked at the law in question and ultimately…
In a recent case coming out of a Virginia court, the Commonwealth appealed a lower court’s decision to grant the defendant’s motion to suppress. In its argument, the Commonwealth emphasized that the court should not have suppressed incriminating evidence found on the defendant’s person because the defendant consented to the officer’s search, thus making it a reasonable circumstance under which…
In a recent case coming out of a Virginia court, the defendant appealed her conviction based on a violation of her suspended sentence. The defendant was under a suspended sentence for several years and had been reporting to drug court throughout the years to prove that she was not using any narcotics or alcohol. After several violations, the defendant argued…