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New VA Court of Appeals Opinion for Marijuana Cases


Posted on Feb 02, 2010



This new opinion from the Virginia Court of Appeals appears to be potentially helpful to folks accused of Possession with the Intent to Distribute (P/WID), but if you read it carefully, it probably only helps if it was an imitation drug.   The "police expert" testified that 3 small packages could only mean that the person was in distribution, or that he was "ripped off" by a seller, since it was fake.   The appeals court found that it might be the latter, so there wasn't proof that he intended to distribute.   The Trial Court had found him guilty, so Mr. got the help he needed from the Court of Appeals in this case:
 
Alton Nelson Wilder v. Commonwealth of Virginia 01/19/2010

 

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Paul Liam McGlone
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DWI and Criminal Defense Attorney and Founder of McGlone Law Firm