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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My daughter was charged in Virginia with possession of Marjiuana, actually it was residue

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My daughter was charged in Virginia with possession of Marjiuana, actually it was residue in a pipe the judge however found her guilty of possession of paraphernalia. Her public defender told her to appeal the case because in Virginia pipes do not fall under that statue. She immediately filed the appeal based on PD's recommendation and has another court date for the appeal. Speaking with other attorneys they are telling me pipes are under the Virigina law for paraphernalia. I am confussed can you provide me with direction or where to research this. thank you
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 3 years ago.
Hello,

Do you know specifically which statute the conviction for drug paraphernalia was under? Was your daughter only initially charged with possession of Marijuana or was there an issue of distribution or sales too? Did the prosecutor actually add the paraphernalia charge?
Customer: replied 3 years ago.
She was just charged with the possession of Marijuana no additional charges. the judge changed the charge to possession of paraphernalia, it was not filed by the prosecutor. I do not have the Virginia statute for possession of Marij or paraphernalia
Expert:  Marsha411JD replied 3 years ago.
Hello again,

Thank you for your response. I can't really speak specifically about your daughter's case since I don't have all the facts in the possession of her attorney, the court, and the prosecutor, but I can say that it appears that there might be an issue either with the judge basically creating a new charge, that was not before the court, or with the actual paraphernalia conviction itself.

There are two possession of drug paraphernalia statutes in Virginia. One requires possession with the intent to sale the drug paraphernalia, which would not seem to fit your daughter's situation of simple possession, and you can take a look at that at: http://law.justia.com/codes/virginia/2006/toc1802000/18.2-265.3.html The other is possession or distribution of controlled paraphernalia, which are things like syringes, etc., you can see that at: DANGEROUS URL REMOVED?000+cod+54.1-3466

More than likely the suggestion of appealing had to do with the judge adding the charge. I can't say, but I would suggest your daughter use an attorney to do this. Appeals need a lot of technical legal knowledge and research skills.


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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17185
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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