Navigating Virginia Drug Charges

Summary

In Virginia, a preliminary hearing determines if theres enough evidence to proceed. Waiving it speeds up the process. You have the right to an attorney, cross-examine witnesses, and present evidence. To challenge a search warrant, prove it was obtained illegally or based on false information. If unsatisfied with your public defender, request a different one. Legal aid services or pro bono help may be available. Request a continuance for more time to prepare your defense. Informant credibility can be questioned, especially if they have a history of dishonesty or bias. Discuss these points with your attorney for a potential defense strategy.

Full Conversation

I'm in Virginia and I was charged with
Hello Barbara, I'm sorry to hear about your situation. Can you please specify the charge that is held against you? This information will help me provide you with the most relevant legal information.
I've only been to court twice in March and April .. the second court date my attorney had me wave a preliminary hearing and now it goes to from district Court to circuit Court next month I'm not sure I understand what's going on as far as my legal rights should I have wave to preliminary hearing it was not explained to me
Hello Barbara, in Virginia, a preliminary hearing is used to determine if there is enough evidence to proceed with the case. Waiving it speeds up the process. Your rights include:
- Right to an attorney
- Right to cross-examine witnesses
- Right to present evidence
Always consult your attorney for advice.
My attorney is a public defender this is a criminal matter for which I was I'm involved because of somebody who lives with me, a search warrant was obtained I believe I'd like to challenge the legitimacy of that saying that drugs are being sold out of my house which they weren't they do not have evidence of that so I'm I've only spoken to this attorney for it maybe * minutes it seems like I'm just getting shuffled through the court
Hello Barbara, I'm sorry to hear about your situation. In Virginia, to challenge a search warrant, you must prove it was obtained illegally, or the information used was false. You have the right to:
- A probable cause hearing
- Suppress evidence if the search was unlawful
- Get a new attorney if you're unsatisfied with current representation
Always discuss these matters with your attorney.
How do I do that when he won't return my calls I can't get a hold of them I'm disabled so I don't drive so I can't even go to his office what would you suggest I do
Hello Barbara, I'm sorry for the situation. You can:
- Write a letter explaining your concerns and send it via certified mail.
- Ask a friend or family member to deliver it.
- Request a different public defender if communication continues to be an issue.
Remember, it's your right to have effective communication with your attorney.
There were drugs found in the home but not because they have anybody who was buying drugs it was like going to informants word I guess when they have to have collaboration my name wasn't on the search warrant my name was not on any of the paperwork I'm caught up in this because it's where I live
Hello Barbara, I understand this is a challenging situation. In Virginia, if your name wasn't on the search warrant and no evidence directly links you to the drugs, you may have a defense. However, you should discuss this with your attorney.
The person who they came on the search warrant and told the police officers and her attorney that whatever they found in this house was hers but I was charged anyway any advice
Hello Barbara, in Virginia, you may have a defense if someone else has claimed responsibility for the drugs. However, it's important to discuss this with your attorney. If they're unresponsive, consider writing a certified letter or requesting a different public defender.
Sounds like I need a good criminal defense attorney the problem is is that I'm disabled and I therefore I have no financial assets I can't afford it would you suggest any type of legal service or something
Hello Barbara, in Virginia, you may qualify for legal aid services or pro bono legal help from law firms or non-profit organizations. Try reaching out to the Virginia Legal Aid Society or Virginia Law Help. These organizations provide free or low-cost legal services for those who qualify.
Time is of the essence I go to circuit Court next month is there anyway I do slow this down so I have time to get a defense
Hello Barbara, you could request for a continuance if you need more time to prepare your defense. This would give you more time to gather evidence or secure a new attorney. Remember to discuss this with your current attorney or the court clerk.
And can I ask that the search warrant be challenged because the informant is a boyfriend of a drug dealer and there's no other collaboration
Hello Barbara, in Virginia, challenging a search warrant can be done by proving false information was used. However, remember:
- This often requires legal expertise
- Each case is unique and depends on specific facts
Discuss this with your new attorney once they're appointed.
The informant was here the morning of the before the search was done with the party that they were coming for I don't know what evidence they could have found that suggested drugs are being sold out of this house but other information could she supply
Hello Barbara, informants can provide various types of information such as ongoing activities, past events, or future plans. It's crucial to discuss this with your attorney. They can help you understand possible defenses based on the information provided by the informant.
My name was not on the search warrant no involvement by myself if they had something over there I don't know what if she can just go by her word because when the police came they said someone said drugs were being sold out of the house but that's not true
Hello Barbara, in Virginia, a search warrant should be specific. If your name is not on it and no evidence directly links you to the drugs, you might have a defense. However, it's crucial to discuss this with your attorney as every case is unique.
What if drugs were found in my room because the person that were coming for put them here but she's admitted they were hers but I still got charged
Hello Barbara, if someone admitted the drugs were theirs, it can be a strong defense. In Virginia, you need to:
- Prove you had no knowledge of the drugs.
- Show their admission of ownership.
Discuss these details with your attorney.
She was a friend who has a drug addiction problem not for the drugs they came for but she was currently in recovery so I know she had a previous drug drug problem but I was unaware of any drug drugs being sold cuz I certainly weren't being sold out of my house
Hello Barbara, it's a complex situation. In Virginia, if you can prove you had no knowledge of the drugs being sold from your house, it might help your defense. Discuss this with your attorney, and share your friend's recovery status as it could be relevant.
But if no drugs are being sold in my out of my house how can you get a search warrant for selling drugs out of my house
Hello Barbara, in Virginia, a search warrant for drug sales can be obtained based on probable cause. This can include:
- Informant's testimony
- Surveillance evidence
- Narcotic-related activities
Even if no sales occurred, if there's suspicion of drug-related activities, a warrant can be issued. Discuss this with your attorney.
Well there is no surveillance evidence there are no narcotic related activities no sales occurred it's just the informants testimony I guess
Hello Barbara, in Virginia, if the only evidence is the informant's testimony and you believe it's false or misleading, you can challenge it. However, remember:
- This often requires legal expertise
- Each case is unique and depends on specific facts
Discuss this with your new attorney once they're appointed.
I thought you had to have something not circumstantial I mean anybody can say anybody has anything can her character be brought into challenge because she's involved with a drug person
Hello Barbara, in Virginia, character evidence is generally inadmissible to prove guilt. However, it can be used in some situations, such as to establish credibility of a witness. It's crucial to discuss this with your attorney as it depends on the specific facts of your case.
So her credibility can be brought into question if she had previously and was currently involved with someone who sells drugs and was taking him and getting drugs and other person sitting in jail because of selling drugs
Hello Barbara, in Virginia, credibility of a witness can be challenged, particularly if they have a history of dishonesty or bias. However, the acceptance of such challenges often depends on the judge's discretion. It's important to discuss this strategy with your attorney.
Does motive come into play as her credibility why did she do this
Hello Barbara, in Virginia, while character evidence is generally inadmissible to prove guilt, motive can play a role in assessing the credibility of a witness. This might be especially relevant if there's a reason they might have lied or been biased. Make sure to discuss this with your attorney.
Can she protect your boyfriend the drug dealer and still be informant incredible informant against somebody else why wouldn't she have turned him in
Hello Barbara, in Virginia, an informant's credibility can be questionable if they're involved in similar illegal activities. However, it's up to the court to determine the credibility of the informant. It's crucial to discuss these concerns with your attorney to explore possible defenses.
So it's okay for her to involve with someone who buys and sells drugs and protect him but she's a credible informant against somebody who they say was selling drugs but there's no proof
Hello Barbara, in Virginia, the court will determine the credibility of an informant. If there's evidence of bias or dishonesty, it might impact their credibility. It's crucial to present these points to your attorney for a potential defense strategy.
All right thank you for your advice
You're welcome, Barbara. I'm glad I could provide some general legal guidance. Remember to consult with your attorney or a legal aid service to understand your situation better. Best of luck with your case.