Virginia Court of Appeals Decision on Marijuana- Constructive Possession and Car Ownership

The Virginia Court of Appeals recently ruled in Lewis v. Commonwealth of Virginia that the evidence was insufficient to convict defendant of possession of marijuana with the intent to distribute, when the drug was found in the locked glove compartment of defendant’s vehicle and he was not in the car at the time of the stop. The Court ruled that the state did not carry its burden to prove that the defendant exercised dominion and control over the marijuana in the glove compartment and that he was aware of the presence and character of the substance. The Defendant made no statements admitting the marijuana was in the car. The theory of constructive possession therefore did not apply to the defendant and the felony charges were dismissed.

The case was decided on April 26, 2011.

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