Updated on: 6:00 am

Felony Distribution Virginia Lawyers Fairfax Marijuana Evidence

Updated on: 6:00 am

Have you been charged with a felony distribution of drugs in Virginia?

Are you concerned about the consequences of being charged with felony distribution of drugs in Virginia?

For a lot of our clients, a felony distribution charge in Virginia can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court alone if you have been charged with a felony distribution of drugs in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your felony case.  An attorney from our firm will do his best to help you.

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.

Davis v. Commonwealth

Facts:

Defendant was charged with a felony involving the distribution of marijuana in Fairfax. After the jury found defendant guilty of the felony, the trial court set aside the felony verdict because the prosecutor had failed to prove the weight of the marijuana involved. On retrial for the lesser-included misdemeanor offense of distributing marijuana, the trial court denied defendant’s request to dismiss the charge on double jeopardy grounds. On appeal, defendant argued that double jeopardy applied and that the trial court erred when it refused to dismiss the charge. The court rejected defendant’s argument. The court found that defendant was not acquitted of the lesser-included misdemeanor for double jeopardy purposes by the trial court’s ruling. The court further noted that the jury’s verdict on the felony charge established that sufficient evidence had been presented at trial to sustain a verdict for the misdemeanor charge of distribution of marijuana. The court pointed out that had the trial court denied defendant’s motion to set aside the felony verdict, and defendant had appealed that decision to the court, the result would have been identical to the trial court’s disposition of this case.

If you are facing a felony distribution of drugs in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Felony Distribution Virginia Lawyers Fairfax Marijuana Evidence

Felony Distribution Virginia Lawyers Fairfax Marijuana Evidence

Holdings:

The Virginia Court made the following holding:
  • The consistent practice in Virginia, when the evidence is found insufficient to sustain a felony conviction on appeal, but sufficient to sustain a conviction on a lesser-included misdemeanor offense, is to remand the case for retrial on the lesser-included offense. This practice is consistent with case law from other jurisdictions that holds that a post-trial finding of insufficient evidence to support a conviction requires an acquittal only as to the greater charge for which the evidence was insufficient, but does not require acquittal of a lesser-included offense adequately supported by the evidence.

If you have been charged with a felony distribution of drugs in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your felony case.  An attorney from our firm will do his best to help you.

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.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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