Virginia Lawyers Weekly VA Lawyers Weekly

Where defendant was charged with possessing methamphetamine after the police were called to assist with her alleged overdose, the amended version of a safe harbor statute enacted after the date of defendant’s alleged offense applies to the case. Background On ...

Tagged with: Criminal Frederick County Circuit Court Judge William W. Eldridge IV Virginia Circuit Courts

Where the defendant who pleaded to possession of a firearm by a felon argued for a variance sentence based upon his military service and the fact that he had secured a job upon his release, the trial court erred by ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

Two defense attorneys for a man charged in a multi-count drug, money laundering and racketeering conspiracy were disqualified because they were being paid, in part, by a potential co-conspirator, giving rise to “an actual serious conflict” that could not be ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a detailed and largely accurate tip from a reliable confidential informant, together with police knowledge of the defendant’s involvement in a prior drug trafficking investigation, his criminal history and his presence at a hotel known for drug trafficking provided ...

Tagged with: Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District

The defendant was entitled to know the identity of the confidential informant who witnessed three controlled drug buys. Although the government argued an undercover officer could corroborate the buys and that it had audio and video of the transactions, these ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

A defense attorney for a man charged in a multicount drug, money laundering and racketeering conspiracy was disqualified where he was being paid, in part, by a potential co-conspirator, giving rise to “an actual serious conflict” that could not be ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a search warrant related to a drug case specified various items for seizure that could reasonably be expected to be found in a safe, including money, documents, cell phones, firearms and drugs, it was reasonable for officers to search ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District

Where one woman testified the defendant kept her under constant supervision and she was fearful of the consequences of trying to leave and another woman (who was 16 at the time) testified he threatened her and used physical violence, there ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

The court rejects a written plea agreement that provides for a suspended $100 fine as the sentence for two felony drug charges: possession with intent to sell, give or distribute 50 pounds of marijuana and 400 cartridges of hashish oil. ...

Tagged with: Arlington Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing