Archives for the ‘Blog Entries.Local’ Category

Can You Move Out of State After a DUI?

Author: From https://www.andrewflusche.com • Jul 13th, 2022
   Category: Blog Entries.Local

can you move states after a dui chargePicking up a criminal charge for driving under the influence (DUI) can be embarrassing and stressful.

Perhaps you are like many people whose only contact with the criminal justice system occurred after a Virginia DUI arrest.

If you have to go to court to answer a DUI charge, you are probably wondering what your next action should be.

You might think that the best way to handle it is to move to another state to get a fresh start, even though you still have an open DUI case.

A DUI in Virginia is a big deal, but it is not the end of the world. Your life will go on. Call me, Virginia DUI attorney Andrew Flusche.

I’ll show you how we can minimize your DUI charge’s impact on you and your family.

Since I only handle traffic misdemeanors and DUI charges, my vast experience handling DUI cases helped me develop strategies that will give you the best chance of defending your case successfully.

What to Do When You Get a DUI

The worst thing you can do is try to ignore your charges or disregard the court’s orders while you are fighting your case. The best thing you can do if you get a DUI charge is to call a DUI defense lawyer right away. 

You should resist the temptation to try to defend yourself against these allegations. Even if you are a practicing attorney, you should not take this route because it is fraught with pitfalls.

Aligning yourself with a trustworthy, experienced, and dedicated DUI defense attorney lets you have an unbiased third-party opinion about your case.

Getting an opinion from a lawyer who centers his law practice around defending DUI cases allows you to weigh the strengths and weaknesses of the charges against you in an objective manner.

There might be loopholes or defenses to your case that only an experienced DUI lawyer would recognize and know how to exploit to your advantage. 

I will give you the best advice that I can provide. Together, we will identify solutions to your problem and get you back on the road as soon as possible.

The best defense for your case might be entirely different from someone else’s—even when the circumstances might seem quite similar to an inexperienced observer.

That’s why we need to talk with me about the specifics of your case. We will leave no stone unturned. 

Nothing will surprise you when you work with me. I keep my clients informed about every development and instruct them on what to expect when they go to court. 

Running from Your Problems Is Not a Solution

Posting a bond, whether secured or unsecured, is the judicial mechanism officers use to ensure you will go to court. The judicial officer setting the terms of release has many factors to consider when determining if you will show up to court and behave lawfully while your case is pending.

The bond terms initially set might remain in place but could change at your first court appearance

You could face additional criminal charges if you skip bail. Skipping bail could be a felony or a Class 1 misdemeanor, depending on your initial charges.

Additionally, failing to appear for your court date means the judge will issue a warrant for your arrest. The police could then go to your home, work, place of worship, or other location to arrest you and bring you to court.

Law enforcement officers cannot cut you a break if they find you have a warrant. They must arrest you and take you to jail.

Moving to Another State Before Your Case Ends Could Be Problematic

If you think moving to another state absolves you of your obligation to appear in a Virginia court, you are mistaken. The judge can hold you in jail without bail if the court has probable cause to believe you will not return to court to face your charges.

Specifically, the law allows the judge to consider whether you have defaulted on your appearance obligations in the past or have done something to flee from prosecution. 

The prosecution can ask the judge to impose conditions on your release if they have doubts about whether you will return to court.

One of the bail conditions a judge could order is that you must remain within the Commonwealth of Virginia while your case is pending. Or, the judge could place other travel restrictions upon you.

Perhaps the final and most drastic step—short of remaining in jail during your case’s pendency—would be the court ordering you to wear a GPS device or remain confined to your home (i.e., house arrest) unless you have permission from the court to leave.

You should keep in mind that any DUI license revocation will follow you if you move into another state. Virginia is a member state of the Driver’s License Compact.

As a result, any adverse action Virginia took against your license while you lived here will show up in your new state. The DMV in your new state must honor Virginia’s sanctions imposed on you if your new state is also a member of the Driver’s License Compact.

Call Me Right Away for Help with All of Your DUI Questions

After a DUI, you may wonder, Can I move out of state after getting a DUI? If you want to discuss this or any other questions concerning your Virginia DUI charge, contact me online or call me at 540-318-5824. I’m available to help when you need it most, 24/7.

I help protect your future, driver’s license, and insurance rates. Let’s discuss how I can help you through this tough time in your life.

 

The post Can You Move Out of State After a DUI? appeared first on Andrew Flusche.



Would You Take the Do-over

Author: From https://odonnellweb.com/pelican/ • Jul 8th, 2022
   Category: Blog Entries.Local

I just finished a fun book, 90 Days in the 90s, in which an older millennial, upon her relationship in NY going south and her crypto portfolio blowing up, gives up on NY and heads back to Chicago to take over her recently deceased uncle's record shop. There she finds the time machine in the record store basement, so she heads back to 1996, to the days just before she bailed on Chicago and moved to NY.

I won't spoil the rest of the book for you, but it got me thinking.

If you got a do-over on college or your early 20s, would you take it?

I didn't have to think long. It's a big no for me. Yes, I know I'm passing on the opportunity to buy Apple stock for a dollar, and Microsoft stock while DOS is still state of the art. Our protagonist in the book retained her memories from the future, so I assume we would too.

I've shared the story of how I met my wife, but for any newcomers...we passed in a stairwell at a fraternity party. I was headed in with friends, she was headed out with friends. She and one of my friends knew each other from the dorm the previous year. If either one of is 15 seconds earlier or later in the stairwell we likely never meet.

So if I head back to 1987 or earlier, how do I make sure that meeting happens? I actually do remember the day of the party, so I guess I could lurk in the stairwell once the party starts. Because I'm sure a mullet-headed frat boy stalking her in a stairwell is a winning move with my wife. Of course, I'll remember her name, so in theory it would be easy enough to figure out how to meet her on campus. But again, the only way any of that works is if we are destined to be together. And I don't believe in destiny. A thousand things that are not repeatable happened that night that led to the spark that resulted in a 30+ year marriage. I don't know that us meeting the day before or the day after ends in the same result.

Also, am I the same person in the do-over? I'll be retaining all my future memories, so I'll definitely be making some different choices. Even if I did end up dating my wife again, any single decision I make differently could tank the relationship. Like, I don't know, dropping out of college in 1987 and investing all my college money in Microsoft stock. Telling her "Trust me, I'm from the future" probably isn't going to work.

If you buy the multiverse construct where every decision we make creates a new timeline, it seems like it would be completely impossible to reliably repeat history. For one thing, doesn't the mere act of going back in history change the timeline, not to mention all the other decisions you'll make differently?

Maybe it's best that we just not think about this stuff too much. Of course, if there are time machines, the people that know about it would want us to think that way, wouldn't they?



New River Gorge Camping on July 4th Weekend

Author: From https://odonnellweb.com/pelican/ • Jul 8th, 2022
   Category: Blog Entries.Local

Trips: 25
Nights: 82

We spent the 4th of July weekend at New River Gorge National Park, staying at Little Beaver State Park at the south end of the National Park, near Beckley, WV. We got there Thursday, with two college buddies and their partners arriving on Friday. So it was a camping trip / college reunion.

Little Beaver is a fabulous State Park, even if we didn’t see any little beavers at the on site lake. There are 45 sites, of which 30 are W/E. They are all spacious, many are heavily wooded, and nobody is particularly far from the centrally located bath house. A+++++ - would stay there again.

Little Beaver State Park campsite with camper

We started Friday morning by driving to the north end of the park where the famous bridge is. After checking out the visitor center and the overlook, we followed the windy 8 mile barely one lane road down to the old bridge. When they built the new bridge, it reduced the time to cross the river from 45 minutes to about 4.5 seconds. We had a picnic lunch at the old bridge and spent some time checking out the shoreline of the river. Then we followed the road back up to the top and headed south to the next visitor center at Thurmond, WV.

New River Gorge Bridge

Thurmond was a boom town 100+ years ago, with uncountable tons of coal flowing through town and over 100,000 rail passengers annually. It was the busiest train stop on the line. Today it’s not quite a literal ghost town, with the remnants of the brick downtown buildings framing the still active train tracks, and evidence of inhabited houses in the hills above town. The train station is still an active Amtrak stop too, with 2 or 3 passengers a week headed towards either Chicago or DC. Fun fact - you can take Amtrak from Thurmond to Lafayette, IN. Always chat with the park rangers folks, they know stuff.

Thurmon West Virginia

After chatting with the ranger, exploring downtown, and walking the rail lines like a hobo, we headed on to our third stop of the day, the Grandview Visitor Center, located near our campground. As you might expect from the name, it features a grand view. We also did a short hike there. After that, we headed back to the campground as our friends were due in around dinner time. The evening featured some quality campfire, beer, and conversation as we reminisced about the good old days in college.

We woke up Saturday to a day of hit-or-miss thunderstorms. We took our time getting out of camp, finally heading over to the one visitor center that we didn’t get to on Friday. The Sandstone Visitor Center is 1.6 miles from Sandstone Falls, but it’s 1.6 miles as the crow flies. That is a 45-minute drive because of the lack of bridges over the river. It’s worth the effort, though, as the ½ mile walk from the parking area is loaded with scenic waterfalls. The drive parallels the river for a few miles, where you’ll get to a view numerous, probably immobile RVs permanently parked on the river. But hey, they have riverfront property and amazing views, so no judging here. We sampled the Beckley brewpub scene that evening, hitting Dobra Zupas. They have a two barrel brewery and a full service restaurant. I had the Irish Red Ale and one other that I’m blanking on. Both were solid beers. Those of us that ordered lower priced fare from the sandwich side of the menu greatly enjoyed our meals. Those that ordered off the pricier entrée list we not as enthusiastic. Saturday night was a repeat of Friday night, beers, campfires, and great conversations.

Sandstone falls

Sunday, we woke to pretty solid rain that let up around 11 AM, which was nice since we had a whitewater rafting trip booked that afternoon. The guys and one spouse headed out to go rafting after lunch, and by the time we were in the water the weather had cleared to blue skies and sunny. I’ve been whitewater rafting once, about 15 years ago with the Boy Scouts. It seemed exciting at the time, but looking back, they gave us 5 minutes of instruction and pushed us into the river with two adult scout leaders and 6 or 8 12-year-old boys in each raft. So it had to be a rather tame float. If they had done that on Sunday, my wife would be planning my funeral today. The lower New River trip we took was 3 hours on the water, and we traversed about 15 class III-V rapids. In the second rapid we hit, our river guide and ½ the boat got tossed into the churning whitewater. At that moment I was questioning my recent life choices, but we got everybody back into the boat and were able to navigate the much more difficult rapids ahead of us well, and had a great time doing so. But there is no way in hell that could happen without the experienced river guide steering and yelling paddling instructions to us. We ran into her in the bar afterwords and bought her a drink. She earned it. Then she told us that was only her 5th time guiding this particular trip. We bought her another drink.

White water rafting on New River

Sunday night was a repeat of the previous nights, campfire, beer, good conversation.

We drove home on the 4th, with zero traffic issues.



Virginia History Museum

Author: From https://odonnellweb.com/pelican/ • Jun 24th, 2022
   Category: Blog Entries.Local

With Michelle doing her own thing today I decided to visit the newly renovated Virginia Museum of History. It just reopened in the last few weeks after a lengthy renovation.

It is very well done. The exhibits cover native cultures that were here first, the arrival of the British in Virginia, and a detailed look at Virginia's role in the founding and later temporary break up of the United States. Much care has been taken to make sure that the voices of the historically oppressed are represented.

Post Civil War growth, Jim Crow, and civil rights all get their fair share of time too. The Lost Cause is discussed, and gets the treatment it deserves.

For $10 a person and $5 to park it's a fair deal.



Loft Mountain Camping for Father’s Day

Author: From https://odonnellweb.com/pelican/ • Jun 18th, 2022
   Category: Blog Entries.Local

Trips: 24
Nights: 78

When we pulled out of Richmond at 5 PM on Friday it was 98F. When we pulled into Loft Mountain campground in Shenandoah National Park 2 hours later it was 65F with 20 mph winds gusting to 35 mph+. The wind would not let up all weekend. The campground is about 3000 feet above sea level and that is good for about 9-12 degrees. Not sure where the 30 degree drop came from but I was not complaining.

On Saturday we did a 9-mile hike that took us past a bunch of waterfalls. We spent almost exactly 4 hours on the trail, then spent the afternoon lounging at the campground. After dinner we headed to a spot on the Appalachian trail about a 10 minute walk from the campground for sunset. A park ranger told me about the spot. Always chat with the park rangers, they are a wealth of info. Sunset was spectacular, as you can see below in the photos.

On Sunday we packed up and headed out about 9:30 AM, stopping at a trail head to do a 5.5 mile hike on the Appalachian trail to a mountain summit. On the trail we ran into a couple of guys with eastern European accents that asked if we had a map. They had apparently parked at a trail head and starting walking with the belief that they were doing a short circuit hike that would return them to the car. I explained to then that the AT ran 2000 miles from Georgia to Maine and their only option for returning to their car was to go back the way they had come. Later on we passed a couple that asked about the falls (Jones Run falls). I told then they were really pretty but if that was their destination they were going the wrong way. They had just missed the turn. The bears must love holiday weekends in the park, so many lost tourists.

That was a joke. Black bears don't eat people. They will still your picnic basket though.

After the hike we proceeded to Blue Mountain Brewery, which it turns out has no RV friendly parking, despite being out in the mountains at a spot where probably 100s of RVs pass daily Spring through Fall. So we went to Midnight Brewing 10 minutes from home instead. Midnight makes one of favorite beers (Not My Job Brown Ale) but I thought the brewery was much father from home. Now that I know it's only 10 minutes from the house, I expect I'll be there on a regular basis.

We wrapped up Father's Day with dinner at our local Mexican Joint, where I had too many chips and a mango margarita.

I hope you (whoever you are that might be reading this) had a pleasant weekend celebrating your dad, being a dad, Juneteeth, or nothing at all.



June 12 2022 at Lewis Ginter

Author: From https://odonnellweb.com/pelican/ • Jun 11th, 2022
   Category: Blog Entries.Local

Today at Lewis Ginter Botanical Gardens



Fairy Stone State Park

Author: From https://odonnellweb.com/pelican/ • Jun 10th, 2022
   Category: Blog Entries.Local

Trips: 23
Nights: 76

Late last year a friend scheduled her annual small camper weekend for June 4/5. I looked at my calendar, the weekend was free, so I reserved a spot. What I failed to notice was that it was 5 days after we returned home from the 10-night NY trip. But I didn't want to cancel so we went and had a fine time. It was a chill weekend. Just hung around socializing, enjoyed a pancake breakfast with the group, went on a hike, and attended a happy hour. Kind of what I needed after 10 days of being in tourist mode.

Fairystone State Park

Fairystone State Park

Fairystone State Park

Fairystone State Park

Fairystone State Park



Skip the tours at the D-Day Memorial

Author: From https://odonnellweb.com/pelican/ • Jun 10th, 2022
   Category: Blog Entries.Local, Politics

Below is the text (with the tour guide's name redacted and pronouns non-gendered) of an email I sent to the D-Day Memorial folks on Wednesday. They haven't answered, so I'm guessing the tour I got is sanctioned by the organization.


I am writing regarding my visit to the Memorial on Sunday, June 5, 2022. My wife and I joined the 1 PM tour led by (redacted). Although their knowledge of the Memorial and the stories of the heroes memorialized there are unimpeachable, their constant anti-government editorializing throughout the tour was distracting, inappropriate, and outright factually incorrect.

At the first stop, they made several snide references to the anti-Christian attitude of the National Park Service, going so far as to state we should be happy that the D-Day Memorial is run by the foundation and not the NPS, as they would erase all mention of God or the bible in the Memorial. Denigrating an entire agency of Federal employees, at a site dedicated to remembering over 3000 Federal employees that were killed in war, is outright offensive. It’s also factually incorrect. I have personally seen bibles, chaplains kits, and other religious artifacts displayed at NPS sites related to the Civil War. Almost every letter home from a Civil War participant displayed by the NPS references God. Those letters have not been censored.

At the plaque memorializing General Eisenhower’s Order of the Day for June 5, they stated that the NPS had removed the final sentence referencing God from the WWII Memorial in DC. That is technically correct, since the designer of the Memorial reduced that entire 90 second speech down to 2 sentences. However, that wasn’t the point they were making. They very clearly implied the NPS removed the reference to God and only the reference to God.

Further, they also stated the NPS removed all references to God from the MLK Memorial. It’s an almost 200 feet high Granite Memorial to an ordained minister, and the website identifies him as a minister in the 2nd sentence of the biography page (https://www.nps.gov/mlkm/learn/historyculture/people.htm). I’m not sure what else they are supposed to do. The inscription, “We are determined here in Montgomery to work and fight until justice runs down like water, and righteousness like a mighty stream,” on the North wall of the Memorial references an actual bible verse. If we are hiding Dr. King’s Christian influences, we are apparently hiding them in plain sight.

Their presentation of the events and facts of D-Day were peppered with bible and Christian references, as though they considers D-Day a religious crusade, and not a meticulously planned military operation that went wrong in many ways, except for the actual results.

I don’t know if (redacted) was editorializing out of turn, or if that is the presentation that we would have seen from any other tour guide. However, to be safe if anybody asks, I’ll advise them to skip the tour.



Do I Need a Criminal Defense Lawyer for a Reckless Driving Charge in Virginia?

Author: From https://www.andrewflusche.com • Jun 8th, 2022
   Category: Blog Entries.Local

do i need a lawyer for reckless driving chargeReckless driving charges can arise in several different ways.

Many people think reckless driving charges only happen if you were speeding.

But you can also face charges for passing in a no-passing zone, having an obstructed view, and other violations.

Virginia’s broad definition of reckless driving gives law enforcement lots of discretion to choose what qualifies as a violation.

And unfortunately, a conviction can negatively affect your driving record and result in costly fines.

A reckless driving criminal defense lawyer can help fight the charges filed against you. Contact the team at Andrew Flusche, Attorney at Law, PLC to discuss your case. 

Facing a Reckless Driving Charge in Virginia

Virginia defines reckless driving very broadly to address a wide array of different conduct.

The statute prohibits operating a vehicle on a highway in a reckless manner or at a speed that endangers the life, limb, or property of another.

Virginia Code § 46.2-862 authorizes reckless driving charges for:

  • Driving 20 MPH or more over the speed limit; or
  • Driving at the speed of 85 MPH or more.

You can also face reckless driving for a variety of other reasons, such as:

  • Racing;
  • Passing in a no-passing zone;
  • Driving too fast for conditions;
  • Failing to use a signal;
  • Passing an emergency vehicle;
  • Passing a school bus;
  • Not having the vehicle under proper control or having inadequate brakes; and
  • Having a view that is obstructed in a way that interferes with the driver’s ability to control the vehicle.

If you are facing a reckless driving charge, contact my office today.

Penalties for a Reckless Driving Charge

Unlike some states, a reckless driving charge in Virginia represents more than a traffic ticket. Virginia considers reckless driving a Class 1 misdemeanor.

A Class 1 misdemeanor in Virginia carries the possibility of up to 12 months in jail and a fine of up to $2,500.

Additionally, a reckless driving conviction carries six demerit points. Demerit points remain on your Virginia driving record for a period of two years.

If you receive 12 or more demerit points within the two-year period, the Virginia Department of Motor Vehicles (DMV) can mandate participation in a driver improvement class.

If you get 18 points in one year, your license gets suspended. Therefore, three reckless driving convictions can mean the loss of your driver’s license.

What Sets Attorney Andrew Flusche Apart From Any Other Reckless Driving Criminal Defense Lawyer?

Many people do not know what type of lawyer to get for reckless driving charges.

I, Andrew Flusche, have defended thousands of reckless driving cases, giving me extensive experience handling all sorts of different cases. But you do not have to take my word for it.

Check out some of Andrew’s reviews from previous clients:

“Andrew made the whole process of reducing a reckless driving ticket as easy as it could be! I highly recommend him as his price was very reasonable, and he got the results I needed!”—Charlie S.

 

“I highly recommend Andrew and his staff, for anyone, if traffic violations require a court appearance. Andrew was able to have a reckless driving charge against me dismissed without my having to appear in court. We were able to conduct all business by phone or mail, which is a valuable time saver. In a situation that is very nerve-racking, Andrew and his staff are totally professional, helpful in every way, and made the process, for me, very easy.”— Lawrence

 

“Andrew was exceptionally prepared and answered every question I had. I was charged with reckless driving, and since the police officer had no evidence, Andrew took swift action to get it dismissed. I highly recommend hiring him for the future.”— Ryan

 

“Truly a great attorney. I was charged with reckless driving, and Andrew was able to mediate between . . . the officer and myself to get my charge successfully dismissed with driving school. He was quick to return my calls and emails and reassure my concerns. Don’t go to court alone regardless [of] your situation. Have Andrew represent you, and you won’t regret it.”— Chris

 

I have forged solid relationships with judges, officers, and prosecutors in the area.

These relationships give me the knowledge needed to help secure the best possible outcome for my clients.

Need an Attorney for a Reckless Driving Charge in Virginia? Contact Andrew Flusche, Attorney at Law, Today

My name is Andrew Flusche, and I am a reckless driving criminal defense lawyer in Virginia. I limit my practice to exclusively representing individuals facing traffic and misdemeanor charges.

I have years of experience representing clients in similar situations. I have an in-depth knowledge of reckless driving charges—so much so that I have written a book on the subject.

I approach all of my cases with your desires at the forefront of my mind, and I do everything I can to ensure you stay informed about developments in your case. 

When your freedom and driving privileges are in jeopardy, you want a reckless driving criminal defense attorney who has defended similar cases before and secured favorable outcomes for his clients.

I can help you advocate to get your charges reduced or dismissed altogether, depending on the facts of the situation. Contact my office today, so I can review your case.

The post Do I Need a Criminal Defense Lawyer for a Reckless Driving Charge in Virginia? appeared first on Andrew Flusche.



What Are the Penalties for Drug Paraphernalia Possession in Virginia?

Author: From https://www.andrewflusche.com • Jun 6th, 2022
   Category: Blog Entries.Local

Penalties Drug Paraphernalia PossessionEven though possession of drug paraphernalia is a misdemeanor in Virginia, you should take this charge seriously.

A conviction for this offense, or any other misdemeanor charge, could have a significantly negative impact on your life.

You could go to jail, pay a hefty monetary fine, and face strict probation terms if you are found guilty.

Additionally, a conviction under Virginia law for possession of drug paraphernalia could leave you with a permanent criminal record.

Look to an experienced and knowledgeable Virginia criminal defense lawyer for help if the police bring possession of drug paraphernalia charges against you.

As a criminal defense attorney who dedicates his practice to misdemeanors, DUIs, and traffic offenses, I understand the impact drug charges like these could have on your life.

Together, we can create a defense strategy to get the best result possible for your specific case. 

What Is Possession of Drug Paraphernalia?

When people learn that police charged them with a drug crime even though they had no drugs on them, confusion often follows. These people often ask, What is the charge for possession of drug paraphernalia? 

The charge of possession of drug paraphernalia may be found in the Code of Virginia §54.1-3466. The law indicates that controlled paraphernalia possession or distribution is a Class 1 misdemeanor.

The maximum penalty for possession of drug paraphernalia is one year in jail and a fine of no more than $2,500. 

The Commonwealth of Virginia, as the prosecution, has the burden of proving you guilty beyond a reasonable doubt of all of the elements of possession of drug paraphernalia before you suffer any penalty.

Therefore, the prosecutor has to prove the item meets the definition of drug paraphernalia and that you had possession of the item.

So let’s discuss the legal definition of drug paraphernalia and possession.

What Is Drug Paraphernalia?

The Code of Virginia § 54.1-3466 covers a wide variety of items that Virginia defines as drug paraphernalia.

Some of the items listed in the statute are ordinary household items that many people use every day.

The difference between lawful and unlawful use of these items comes down to intent. Possessing hypodermic needles and syringes is permitted with a prescription. However, using them to inject illegal drugs is a crime.

Additionally, possessing gel caps, glassine envelopes, or any other container can be drug paraphernalia if the circumstances indicate that someone is using these items to package illegal drugs for manufacture, sale, or distribution.

The law defines circumstances that indicate when the listed items could be controlled paraphernalia.

The close proximity of drug paraphernalia to illegal drugs or other things associated with packaging drugs—like sieves, digital scales, strainers, measuring spoons, and presses used to facilitate drug distribution—is evidence of the intended use of the item as drug paraphernalia. 

The statute further indicates that drug paraphernalia in the presence of drug additives or contaminants such as:

  • Procaine hydrochloride,
  • Mannitol,
  • Inositol,
  • Lactose,
  • Quinine,
  • Caffeine, and
  • Baking soda.

This list is not exhaustive. There are many other food additives and other ingredients that people mix with illegal drugs to have more “product” to sell. 

What Does it Mean to “Possess” Something?

Possession means physically controlling something, like your cell phone or wallet.

You have actual possession because you have immediate control over your phone while using it. You have actual possession of your phone when it’s in your pocket.

It seems obvious; however, possession can get a little murky if the item isn’t in your pocket or otherwise on your person.

You can possess an item even if you do not have it under your direct control. This is known as constructive possession. 

Having constructive possession over something means that you know approximately where the item is, you know what it is, and you intend to exercise control over it.

Here’s a simple example: You have constructive possession of your car keys, even if they are not on your person but in your dresser drawer at home.

Even though they are not “on you,” you know where they are, and you intend to exercise control over them. In other words, you can get them and use them when you need them.

This concept often comes into play in the context of paraphernalia found in a car. Suppose you share a car with your brother, who left drug paraphernalia in the car.

While you are using it, you get pulled over and charged with possession of that paraphernalia that officers found in the back seat.

Unless the prosecutor can show that the items belonged to you, that you knew they were there, and that you intended to exercise control over the items—they may not be able to prove constructive possession.

This might mean that the prosecutor has to drop or lower the charges against you. It might also indicate that we could take the case to trial and win a not guilty verdict.

Defenses to Possession of Drug Paraphernalia Charges

Each case stands on its own. Therefore, you can determine the best defense only after a thorough analysis of the facts of your case.

However, you might be able to claim that the item the police allege is illegal does not meet the definition of drug paraphernalia.

The things the police claim are illegal might be utterly innocent if there is no evidence to support their conclusion that you are using the items to distribute drugs. 

That’s just one part of the equation. The police must have evidence to prove that you had possession of the contraband, as discussed above.

I may use these defenses and others to give you the best chance of beating your case. For instance, I may examine the lawfulness of the officers’ conduct.

You may have the right to argue the court should suppress all evidence seized because the police violated your rights.

I could use other defense tactics to minimize these charges’ damage to your life. Sometimes negotiating a favorable disposition is better than standing toe-to-toe and battling it out.

I cultivate good working relationships with many prosecutors and judges in my area of Virginia. My reputation may help you obtain a favorable outcome.

Help Is Only a Call Away

Call me, Andrew Flusche, Attorney at Law, today at 540-318-5824 to learn more about possession of drug paraphernalia charges and your defenses.

You can rest assured that I will handle your case and not pass it off to anyone else. And it’s incredibly easy to work with me.

We can get a great deal accomplished via email and the phone—which means you won’t have to take time off of work or away from your family to get the results you want!

Contact us today, so we can discuss how I can help.

The post What Are the Penalties for Drug Paraphernalia Possession in Virginia? appeared first on Andrew Flusche.