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March, 2011

  1. Drug Residue

    March 30, 2011 by Allan

    The subject here is “drug residue.” It is a felony offense in the Commonwealth of Virginia to possess cocaine. (up to 10 years in prison). The law requires that the Defendant “knowingly” and “willfully” possess the cocaine. When we talk about residue, the issue arises as to whether the Defendant, my client, could know he was possessing drugs if the amount was so small that it was what the chemists call “residue.” I tried a case involving simple possession of cocaine, as opposed to possession with intent to distribute (PWID).

    In order to prove the case, the Commonwealth was required to show that my client “knowingly” possessed a residue of cocaine on a digital scale. Well, the chemist from the state lab testified that one could not see any cocaine there, but using a chemical swab, detected the illegal substance. Because you could not see it, my client won his case. Seeing is believing.

    Moral of the story is this, require that the chemists to actually come to Court. Don’t agree that the chemists certificate can be used in stead. You never know where your wins come from.

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  2. The consensual encounter

    by Allan

    Bet you never heard of the “consensual encounter.” No, there is no sexual connection here. The term “consensual encounter” is a legal concept whereby a police officer meets a citizen on the street and they begin to talk. It goes like this:

    P.O. “Hi, I’m officer Friendly, nice evening.”

    Citizen. “Ugh, Ugh.”

    P.O. “What are you doing around here anyway?”

    Citizen. “Ugh, Ugh.”

    P.O. “Do you have any drugs or weapons on you?”

    Citizen. “Ugh, Ugh.”

    P.O. ” Do you mind if I search you for my own safety?”

    Citizen. “Sure, go right ahead.”

    The Officer reaches into the Citizen’s pocket, finding a pistol in one and some cocaine in the other. Oh Boy! Looks like prison for Mr. Citizen. No one this issue of whether or not constitutional violation here. It was a “consensual encounter.” Mr. Citizen could have walked away at any time, (supposedly).

    This sort of stuff happens a lot. Judges believe that this occurs all the time. (At least they say they believe it). Me? I’m not so sure. My clients tell me otherwise. But they are criminals. Who would believe them? These “consensual encounters” make the defense lawyer’s job very difficult.

    Remember the rule. A police officer’s testimony is a “verity.” If you don’t know what a verity means, go look it up.

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  3. No jail time for man involved in Navy Lodge rape

    March 24, 2011 by admin

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    NORFOLK – A Florida man pleaded guilty Tuesday to taking part in a sexual assault at the Navy Lodge in Norfolk.

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    The assault happened in September 2005.

    The crime was discovered only after old film of the incident was developed from disposable

    man involved in Navy Lodge rape

    All case results depend on a variety of factors unique to each case. These prior case results do not guarantee or predict a similar result in any future case.

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