Q: What is Required to Prove Me Guilty of Marijuana Possession or Possession of Other Drugs?
In order to convict you of possessing marijuana or any other illegal drug (or a scheduled prescription drug), the Commonwealth of Virginia, as represented by the prosecutor in Fairfax County, must present evidence that you "knowingly and intentionally" possessed the illegal drug.
"Knowingly" means that: (1) you knew the character of the substance (i.e., that it was marijuana, cocaine, etc.) and (2) you knew of the existence of the drug in the location where it was found.
"Intentionally" means that you asserted some "dominion" (control) over the substance.
Therefore, in order to obtain a conviction for marijuana or drug possession, the prosecutor must present evidence that you knew what the substance was and that you exercised some control over the substance.
These elements are much easier for the prosecutor to prove when you are found in actual physical possession of the substance - such as when the drug is found in a pocket or pocket book.
For a full analysis of your case, contact our office to schedule an office meeting.