Possession of a Controlled Substance Defenses Virginia Court of Appeals Decision

The Virginia Court of Appeals ruled that the affirmative defense of a valid prescription requires the defendant to present supporting evidence of that in a prosecution for possession of a controlled substance under Virginia Code 18.2-250. The defendant has the burden of providing evidence of the prescription, since that information is “peculiarly within the knowledge of the appellant.” The statute criminalizes possession of controlled substances, and a prescription is the only valid exception. The case citation is Williams v. Commonwealth of Virginia, 57 Va. App. 341, 702 S.E.2d 260 (2010).

Testimonials
★★★★★
"I would like to take this time to thank you for the diligence with which you dealt with my case. Your professionalism and hard work exceeded my expectations. As a Combat Veteran in our Nation’s Armed Forces you handled my case with the utmost sincerity and resolve. Again, thank you and best of luck in future cases."
★★★★★
"Mr. Yeargan handled my court date swiftly and efficiently with friendly, knowledgeable advice. His efforts produced very pleasing results." A.L.
★★★★★
"Attorney Yeargan “successfully resolved my case as quickly as possible…I would like to thank you very much for your excellent service." H.N.
CONTACT US
Call Now For A Free Consultation 703.352.9044