Defending Virginia Possession of Marijuana Cases

You may have a defense to a possession of marijuana charge, especially if the marijuana wasn’t found on your person.


Hello, I’m Andrew Flusche. I practice Virginia traffic and misdemeanor defense. If you’ve been charged with possession of marijuana, there is a lot you need to know about the case, about the charge and the facts, and how I can help you out with that.

In a possession of marijuana case, a lot of times what happens is that somebody gets pulled over for a traffic offense and then somehow the officer suspects marijuana and does a search, finds something (either marijuana or a paraphernalia item with residue in it) and then you end up with a marijuana charge. There are a lot pieces to your case that we need to look at, especially if it’s a case like that.

The first thing is that the officer has to have a legal reason to pull you over. They can’t just pull you over for any reason whatsoever, so it has to be a valid stop. Then if the marijuana or items that they seize were found in the vehicle, they have to have either probable cause to search the vehicle, or they’re going to need consent from you to search the vehicle. So if you didn’t consent then it’s a case where we really to analyze closely whether or not they did have probable cause to initiate a search.

Then of course, the key question is, was there actually something in the car that is marijuana or had marijuana in it or on it.

Then finally, one of the important questions that can really be fertile ground for a defense is: can the Commonwealth really prove that you possessed the items or the marijuana? Just because it’s found in the car with you, does not mean that you were in possession of it. If it’s found on your person, then that’s almost a foregone conclusion that you were in possession. But just because it was in the car does not mean that you were in possession, especially if there were other people in the car, and even more so if somebody else in the car admitted to having some marijuana or some prohibited items.

There is a lot of information for us to go into and a lot of details for us to look at. Depending on the case, it may be a case that we can win based on lack of possession of the items or a bad stop or something like that. Or it may be a case that we can at least help you get reduced down to a first offender outcome, where you do some things and the case is later dismissed. Or perhaps some type of case where there is just a possession of paraphernalia, so you and I can hopefully try to save your driver’s license.

So give me a call, and I would love to talk with you about your case, and you and I can work together to put up the best defense possible.

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