At Calinger Law, we have the skills necessary to defend your rights against these serious charges. You have defenses available. You do not need to accept your guilt as inevitable. We will review your case with you and seek to raise any possible defenses you have at all points in the proceedings.
One possible defense is that you did not have possession of the substance. There are two types of possession in Virginia—actual possession or constructive possession. Actual possession means the police actually find the substance on your body. With constructive possession, the law and the facts get tricky. That can help your case. The government needs to prove that you could access the drug quickly and that you knew the drug was an illegal substance. If the government fails to prove either of these factors, then it has not proven its case. You will win.
That’s right, if you did not know an illegal drug was actually an illegal drug, then you cannot be convicted of possessing it. Some people get in trouble because others take drugs near them and then the police accuse those innocent people of possessing it. At Calinger Law, we will assert your rights against such false charges.
Other defenses include that the police violated your rights under the Fourth Amendment in conducting a search or seizure. When the police conduct searches, those searches typically must be based on probable cause of criminal activity. The police do not have an unlimited right to search your person or your property. If the police conduct searches when they did not have a right to search, you may be able to get any evidence suppressed. That means the evidence will not be admitted in court against you. The result: YOU WIN!
Call us at Calinger Law today to discuss your case. A free consultation is available!