Facing a herion posseion charge because co defended doesn't want to admit everything was his. Officers did not find anything in my posseion but tryed to say i threw something witch is not true. Are they able to convict me with this charge? Charge happen in the state of virginia!
No attorney can answer this question without looking at all the police reports and evidence against you. You need to hire a lawyer and have that lawyer give you his opinion as to what can be done in your case. Good luck.
A first violation of this statute carries a mandatory minimum penitentiary sentence of two years. Check out the statute below because it goes up from there.
Possession of Schedule I or II Controlled Substance statutorily carries from 1 to 10 years in jail. If there is a bench trial the Court will be given sentencing guidelines which would take your prior conviction into consideration when calculating the high low and mid range of sentences. If you are convicted by a jury they would recommend a sentence between 1 to 10 years. Your case sounds like it may have issues of constructive possession, or simply possession with testimony that someone witnessed you discard it. As this is a serious charge you should consult with your attorney to determine what available defenses you may have.
Given the seriousness of the offense you should not make any statements on line or to anyone else, particularly the police, without an attorney. Find an attorney to go over the facts and possible defenses. You can use AVVO's find a lawyer function to help. Many on AVVO offer free initial consultations.
This response is for general informational purposes and not intended to be taken as legal advice nor does it establish an attorney-client relationship. See further disclaimers on the site. You should always seek competent professional advice in the legal area and jurisdiction.
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