Saturday, November 5, 2011

POSSESSION OF MARIJUANA - FAIRFAX J&DR DISTRICT COURT

Facts:
Marijuana was found in my Client's book bag as he was attempting to enter his school.

Disposition:
Client performed 25 hours of community service prior to court and the Commonwealth's Attorney agreed to nolle pros (dismiss) the charge against him.

Note: While a lot of the facts of this case are omitted intentionally, possession of a controlled substance can only be established if you are aware that the substance is "present," and you are aware of what the substance "is."

So... actual possession = presence + knowledge