![]() ![]() The prosecution, if not also the defense, objects to this contempt conviction. Fisher interrupted the testimony of an alleged crime victim “ to question her drug use, sentencing her to 10 days in jail for contempt of court after she said she had smoked marijuana earlier in the day.” It appears from the article on this matter that the judge did not preface his questioning of this contempt defendant by telling her of her right to obtain a lawyer and to remain silent. The Virginia Mercury has reported that recently Virginia court Judge James A. Trial judge summarily jails prosecution witness for Northern Virginia court contempt for recent marijuana useĪfter marijuana possession of up to one ounce became legal recently in Virginia under Virginia Code § 4.1-1100, I am more often smelling this stinky weed in the courthouses. As a Fairfax criminal lawyer, I do not think that presence of pot nor alcohol in on one’s breath nor in his bloodstream should by itself permit a contempt finding, without a sufficient nexus found between such substance use and the user’s behavior in court. Virginia court dates are the time to focus on achieving the best possible outcome in your case, and not to contribute to any sideshow of getting charged with or convicted for contempt of court for being in the courthouse smelling of marijuana or alcohol. ![]() Virginia court contempt is a risk for coming to court smelling of marijuana or alcohol, says Fairfax criminal lawyer ![]()
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