Virginia Criminal Defense Law: New Drug Overdose Law

Have you or a loved one been charged with a drug related offense after a 9-11 call for an overdose? The Virginia Legislature recently passed a new law that has been getting attention from the court system that may offer some protections. So what is this new law and what does it mean for drug related cases?

What is the New Virginia Drug Overdose Law?

The new law was approved on April 9, 2020. It provides that “No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia” so long as certain criteria are met.

The criteria in order to be eligible under the new overdose law are:

1. Someone is experiencing an overdose;

2. Someone seeks emergency medical treatment;

3. The individuals remain at the scene;

4. The individuals identify themselves to law enforcement;

5. The only way the police knew of the incident was a result of the request for emergency medical treatment.

What Are Some of the Issues With The New Overdose Law?

Judges around Virginia are being asked to interpret this new law as a result of some vague phrasing by the Virginia legislature. Judges have ruled that in order to be eligible for protection under this new law, it must be a life-threatening and immediate need for medical attention. If the person suffering from a drug related overdose is not in an immediate, life-threatening condition, then they may not be eligible for protection under this new law.

Why Do You Need to Immediately Talk to a Criminal Defense Lawyer?

Drug related offenses can carry substantial punishments such as extended periods of incarceration in either jail or the state penitentiary. Many of the crimes you can be charged with are felonies, which can have long lasting consequences. If you have been charged with a drug related offense as a result of an overdose, you need to contact a criminal defense lawyer in your local area to discuss your rights in more detail, and whether you qualify for protection under the new law.

Virginia Criminal Law: Preparing for Trial

Previous articles in my Virginia Criminal Law blog series have discussed what happens from your initial charge date through the bail process. After your arraignment date, the next thing that happens is that your attorney will prepare for trial.

This article will cover some of the things that your attorney will do to prepare for trial. This is not an exhaustive list, but it will give you some idea of what kind of work goes on behind the scenes.

Discovery in Criminal Cases in Virginia

The first thing that any criminal defense attorney will do is weigh how valuable discovery would be in your particular case. Discovery is the process whereby you can force the prosecutor to turn over certain documents they have regarding your case. In Virginia, criminal discovery is very limited. There are only certain types of documents that you can obtain in discovery.

At a minimum, the Supreme Court of Virginia allows defendants to request permission to obtain 1) written copies of any confessions or recorded statements made by the Defendant, 2) written reports prepared by forensic experts and law enforcement offices, and 3) copies of photographs or other documentary evidence held by the prosecutor.

However, discovery can be a two-edged sword. If the Defendant’s request is accepted, the prosecutor can ask for some things from the Defendant. These include, but are not limited to, inspection of any photographs held by the defendant or other documentary evidence, alibi evidence, or insanity evidence.

A good lawyer will advise a client on whether it is a good idea to go through the formal discovery process based upon the complexity of the particular case.

Motions in Virginia Criminal Law

The second thing that a criminal defense attorney may do is to consider what are known as “pre-trial motions.” These are motions designed to weaken the prosecutor’s case. For example, if the police officers violated a Defendant’s civil rights, a defense attorney may file a motion to exclude any evidence obtained by that officer.

There are any number of motions that can be filed by a criminal defense attorney, but the appropriate motions depend on the specific facts of your case. A pre-trial motion may not always be appropriate.

Witness Preparation in Criminal Law

A criminal defense attorney also needs to know whether there are any witnesses that will help your case. Attorneys will usually ask for you to identify anyone who was present at the alleged criminal offense who can help or hurt your side of the case. Additionally, a criminal defense attorney may want to interview character witnesses for sentencing purposes. Even if you are guilty of a crime, a character witness may help reduce jail time.

Plea Negotiation Pending Trial

Finally, a criminal defense attorney will continue to negotiate with the prosecutor throughout the entire process. While negotiations may stall early in the process, careful use of these above preparation skills may result in the prosecutor being more willing to negotiate.

Why You Need a Lawyer

Trials are hard to prepare for. It takes dozens of hours of solid leg work to make sure that you have the best possible chance at trial. Lawyers can help maximize your chances of success by engaging in these preparation processes. Therefore, you should hire an attorney to help with your criminal defense case.

Virginia Criminal Law: Work Release Programs

Many people who are facing criminal charges have good jobs, and they do not want to lose those jobs. Not all jobs are eligible for work release programs, but some inmates may be able to maintain their job while they are incarcerated.

Cities and counties throughout Virginia have different rules for their work release programs. It is important to understand your local rules regarding work release before entering into any kind of plea agreement.

This article will be discussing the rules governing the Northwestern Regional Adult Detention Center near Winchester, Virginia, but many jails have similar rules.

What is a Work Release Program?

A work release program is a program that is instituted by a local jail pursuant to Virginia Code §53.1-131. Program coordinators work together with local businesses to allow inmates in their jail to keep a job while they are incarcerated.

If you are eligible for work release, the jail can allow you to leave the jail during your normal work hours and continue to make a living. The money that you obtain while you are in the work release program will be paid to the jail. The jail will then either use those funds to pay child support orders you may have, or disburse them for your use while in jail.

Are You Eligible for Work Release?

As previously stated, each jail is different. However, in order to be eligible for work release at the Northwestern Regional Adult Detention Center, you must meet the following criteria:

1. You cannot have any other outstanding charges or a detainer from another state;

2. Your sentence must be less than twelve (12) months;

3. You cannot have any escape attempts, violent crimes, or felonious assault on your record in the last five (5) years;

4. No sexual offenses;

5. No active protective orders; and,

6. No failure to appear or capias charges in the last five (5) years.

The reason for these requirements is that the jail has to be sure that you will not engage in any harmful activities while you are at your work site.

Your local jail may have additional requirements for eligibility.

How Do You Request Work Release?

Work release programs are managed by the jail. A judge is not the person you have to ask for permission to be put on work release. There are several documents that must be submitted to your holding facility prior to your incarceration date. For the Northwestern Regional Adult Detention Center, you must complete and submit all those documents at least five (5) days prior to your incarceration date.

If you would like to be considered for work release, discuss that with your lawyer prior to your trial date or delayed sentencing date. Additionally, once you have spoken with your lawyer, the lawyer may advise that you contact the jail.

Why Do You Need a Lawyer?

It is important to have a lawyer during any criminal case because jail time can have a lasting impact on your employability and future. Even a jail sentence of five (5) days can harm your future. Therefore, it is important to make sure you take every step you can to get the best outcome possible. Depending on the facts of your case, that strategy may include work release. Work with your lawyer to determine what strategy is best for your specific case.