Nichols & Green Nichols & Green
VIRGINIA CRIMINAL DEFENSE

How to beat a possession of Marijuana charge

Here are a few simple ways to beat possession of marijuana charge:

1) Is the stop constitutional?

When the police stopped your car, stopped you on the sidewalk, or whenever they came in contact with you, at some point you were no longer free to leave. At the point you were not free to leave, you were “seized”. For a seizure to be constitutional the police must have had reasonable articulable suspicion that you were involved in criminal activity or one of a few specific exceptions must apply.

2) Was the search constitutional?

The police are only allowed to search you, your car, home, or property if:

  • They have a search warrant
  • You give them permission
  • They have probable cause to believe they will find something illegal
  • There is a very specific type of emergency
  • They were searching you as part of arresting you
  • A specific exception to the above rules applies

3) Was the arrest constitutional?

In order for an arrest to be constitutional, the office must have had probable cause to believe you were guilty of the crime you were arrested for. Evidence found after the arrest cannot be used to justify the arrest. 

4) Can they prove it's marijuana?

The police prove that a substance is a weed by one of two methods: A drug test or by your own admission that it was weed. Drug tests must conform to a very specific set of rules.

5) Can they prove you possessed it?

Finding drugs in your car or home is not enough to prove that you possessed the drugs. They must prove that you knew the drugs were there, that you had control over them, and that you knew the substance was marijuana.

6) First Offender Programs

If you have never been convicted of a drug offense or certain specific criminal offenses you may be eligible for a first offender program. The first offender program has some downsides: You lose your driving privileges for 6 months, you must do community service, you must take drug classes, you must stay out of trouble and you must pass random drugs screening.

7) Working out a deal with the prosecution

If all else fails you may be able to work out a deal with the prosecution where your charges are dropped or reduced. To discuss the likelihood of achieving this schedule a free consultation with one of our attorney today. (703) 215-1114.