Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Have you been charged with a Second Offense Possession Of Marijuana in Virginia?

Are you concerned about the consequences of being charged with a Second Offense Possession Of Marijuana in Virginia?

For a lot of our clients, a Second Offense Possession Of Marijuana 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 Second Offense Possession Of Marijuana in Virginia.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana 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 Criminal 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.

Scarton v. Commonwealth

Facts:

Defendant was charged with misdemeanor possession of marijuana, in violation of Va. Code Ann. § 18.2-250.1, and felony delivery of marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1, and he filed a motion to dismiss the charge, arguing that prosecution would violate his rights against double jeopardy.  Defendant contends that his conviction of the offense for possession of marijuana is a lesser-included offense of his second conviction for delivering marijuana to a prisoner.  The Circuit Court of Loudoun (Virginia) denied the motion, held a bench trial, and convicted defendant of the offense.  Defendant appealed.

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

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Virginia Second Offense Possession Of Marijuana Lawyers Violation Code 18.2-250

Holdings:

The Virginia Court made the following holding:
  • Possession of marijuana is not a lesser-included offense of delivering marijuana to a prisoner, in violation of Va. Code Ann. § 18.2-474.1.
  • Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.

If you have been charged with a criminal offense of a Second Offense Possession Of Marijuana 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 Criminal 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.