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 Crminal Law: Appealing a Conviction

Sometimes even the best trial strategies result in a conviction. However, a guilty verdict is not the end of the line. Virginia, like most states in the United States, have a process for a person who has been found guilty to appeal the verdict. There are many different types of appeals, and the appeal process changes depending on the severity of the crime you have been charged with and where you are in the appeal process.

So how do appeals basically work in Virginia, and what are some things you need to be aware of when discussing your criminal case with your lawyer?

Criminal Appeals from General District Court

If you have been charged with a misdemeanor offense, it is likely that your case will be tried in one of Virginia’s district courts. District Courts are part of a group of courts known as “courts not of record.” The Juvenile and Domestic Relations Court is one other such court.

Anything that happens in a court not of record is unlikely to be written down. When you appeal from a court not of record, the next level of court hears all the evidence as if hearing it for the first time.

In order to appeal a guilty verdict from a general district court, you must file the proper appeals paperwork within ten (10) days from your conviction. If you have timely filed your notice of appeal, you also have the option, within sixty (60) days, to have the court not of record reconsider the matter. If the court reconsiders the matter and reverses the conviction, you can withdraw the appeal.

Criminal Appeals From Circuit Court

If you have been charged with a felony offense, or if you are on appeal from the general district court, the likely court that will hear your case is the Circuit Court of Virginia. The Circuit Court of Virginia is known as a “court of record.” Everything that happens in Circuit Court is written down and recorded.

As such, if you have to appeal to the next level of court after the circuit court you better make sure your grounds for appeal are clearly stated during your circuit court trial. This is known as “perfecting an issue for appeal.” Your criminal defense lawyer, if they are doing their job, should be perfecting any applicable issues for appeal to the next level of court.

There are a number of things a criminal defense attorney will need to do to prepare an appeal to the next level of court, which would be the Court of Appeals. Some common activities a criminal defense lawyer will do include requesting that a sentence be postponed, preparing a transcript for the appeal, and requesting additional bail terms.

Like in the General District Court, there is a time limit to file an appeal. An appeal must be filed within thirty (30) days from the conviction date. The notice of appeal in a circuit court case must be far more descriptive than the appeal from general district court. You must state every single grounds that entitles you to an appeal. Failure to preserve or mention a grounds means your case will be denied.

Criminal Appeals from Court of Appeals

The last step in the appeals process is an appeal from the Court of Appeals to the Supreme Court of Virginia. As with the other courts, there are deadlines and filing requirements for taking an appeal from the Court of Appeals to the Supreme Court. These deadlines are strict, and failure to comply with those deadlines will likely cause your appeal to be denied.

Why You Need a Criminal Appeals Lawyer

Appealing a case is a complicated process and even normal lawyers often have a hard time navigating the complex maze of rules. Most lawyers will recommend that you utilize a special appeals lawyer to help in the process. Make sure you have a lawyer with you every step of the way, as failure to properly note an appeal will automatically mean a loss.

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.