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Drug Charge – Virginia Lawyers
If you have been charged with a Drug charge in Virginia and you are concerned about a conviction, contact our law firm immediately for help.
Drug Defense in Virginia.
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Julian v. Commonwealth
Following the denial of his motion to dismiss for improper venue, the trial court convicted defendant of three counts of causing a juvenile to assist in the distribution of marijuana to a third party, in violation of Va. Code Ann. § 18.2-255(A)(ii). The Court of Appeals of Virginia affirmed. Defendant appealed. The supreme court found no error in the appellate court’s refusal to address defendant’s claim that § 18.2-255(A)(ii) prohibited causing a person under 18 years of age to assist in the distribution of drug to another juvenile, as defendant failed to make that argument to the trial court and thus, did not preserve the issue for appellate review
If you are facing a criminal case in Hanover, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
The Virginia Court made the following holding:
- The general venue statute provides for prosecution of a crime in the county or city in which the crime was committed, except as otherwise provided by law. Va. Code Ann. § 19.2-244. Application of § 19.2-244 requires a determination of where a specific crime was “committed.” This determination is straightforward when the crime is a discrete act.
- Va. Code Ann. § 18.2-255(A)(ii) makes it a crime for any person over the age of 18 to knowingly or intentionally cause a person under the age of 18 to assist in the distribution of marijuana. This crime involves a number of actions which must be taken by more than one person. To secure a conviction, the Commonwealth must prove that a defendant not only knowingly or intentionally performed an act which caused the juvenile to assist in the distribution of the contraband, but also that the juvenile assisted in the actual distribution of the contraband to a third party. If there is no distribution to a third party, there is no violation of Va. Code Ann. § 18.2-255(A)(ii). Furthermore, the actions of the defendant and those of the juvenile who assists in the distribution of the contraband may not always be in the same jurisdiction.
Drug Defense in Virginia.
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