- September 19th, 2011, 9:15 am
#357195
Hmm..ok, let's look at this from the legal side. Need to know if there was anyone else in the car when he was stopped, and we will presume that the stop was valid with reasonable suspicion and that there was probable cause to search the vehicle, or him.(those issues are for a different discussion, but could, depending on the facts, result in a dismissal) Was Asa found with the substances actually on him, i.e. actual possession, or was it in the car, constructive possession. In order for the Commonwealth to prove and convict on constructive possession, they need to prove dominion and control over the substances, i.e., that he had knowledge of the substances being in the car, and could get to them, i.e. under his seat or in the consol next to him. Prove that it was behind him in the back seat,on the floor beneath the passenger's seat, or possibly in the glove box, no case. Virginia caselaw is replete with cases against defendants being dismissed because it was possible that the substances were left in the car by a prior passenger and the driver knew nothing about them. Ah yes, that pesky presumption of innocence that the Commonwealth hates so much! Commonwealth must also overcome any reasonable hypothesis of innocence. Also need to know what, if any, statements he made with regard to the substances. Not surprised case continued to December. The state labs are well-known to be slow, and for the Commonwealth to procede either on the felony cocaine charge, or the misdeamenor marijuana charge, there must be a certificate of analysis for both substances. Defense counsel, presumably is no fool, and has requested that the substances be analyzed and the results supplied to him pursuant to statute. No certificate, no case! In sum, please remember Asa is presumed innocent and it is entirely possible that depending on the facts, as outlined above, the charges could be dismissed. Please don't tell me, well, if he wasn't guilty, he wouldn't have been charged. Police charge all the time when they find a substance in the car often charging everyone in the car with possession even though they find it on the floor, hoping that someone will confess or roll-over on the other passengers. In addition, since he was not charged with driving under the influence of any intoxicant, there was no blood test administered and thus, there is no way to know if the substances were in his system as a way of proving that he knew the substances were in the car. Just some thoughts.