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» Understanding “Harmful Evidence” in Virginia

Understanding “Harmful Evidence” in Virginia

July 27, 2015 by Christopher Brown, Esq.

harmful evidence in virginia

Being charged with marijuana possession in Virginia can make your life difficult. Being charged with the  intent to distribute is even worse. There are certainly different items that can make it easier for the charges to stick – items that are commonly grouped under the term “paraphernalia”. Understanding what does and does not qualify will be an important part of your future. To understand Virginia’s laws on possession with intent to distribute better, review our informational page

  • Possession of Marijuana with Intent to Distribute in VA

What Evidence is “Harmful”?

It’s important to remember that it’s the fact that certain evidence is found with marijuana that makes it suspicious, not the evidence itself. The proximity to the drugs turns them from random items in your possession to harmful evidence – the kind of items that can turn a possession charge into an intent to distribute.

Types of Harmful Evidence in Virginia

There are a few items that automatically become harmful evidence if they are found on your person along with a controlled substance. These items are used to prove that you not only had an illegal substance, but that you intended to distribute that substance. These items include, but are not limited to:

    • Scales, and especially digital scales
    • Individual plastic baggies
    • Vacuum sealing equipment
    • Lists of clients, especially if they include known users or buyers
    • Packing and shipping supplies
    • Drug residue or remains on tables or surfaces
    • An unusually large amount of cash

Legal Representation is Essential

If you are charged with possession with an intent to distribute, your first call need to be to a criminal defense lawyer. He or she will have the tools necessary to help you to protect your rights in court. This might mean helping you to be found innocent or helping you to plead down to a less severe charge, but only a lawyer can give you the help that you need.

Common Arguments About Packaging

One of the most common arguments a defense attorney will use is that packaging narcotics does not always satisfy the burden of proving that you intended to distribute drugs. This is a tough argument to make on your own, because Virginia has very specific rules about evidence.

Personal Use Only

Your attorney may also argue that you only had the drugs for personal use. While this does constitute admitting to one charge, it keeps you safe from the charge that has a much harsher sentence

We Are Ready to Represent You!

There are many variables that determine what your sentence might be for intent to distribute. These cases are very complex, and it’s a terrible idea to try to move forward without an attorney. If you are facing criminal charges involving marijuana – contact The Brown Firm PLLC immediately.

Legal Consultations Are Available!

Don’t take a chance on your future by trying to go it alone. Make sure that your work with someone who is trained in dealing with this type of case and who can help you to make the best decisions going forward. Call our office or, send us a description of your case online and set up an initial consultation to discuss your case and what your best option is.

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