Legal Question in Criminal Law in Virginia

my father in law is facing time in prison because he was selling morphine to people. When the police came to his house with a search warrant, they said we are here to do a crack cocaine and crack pipe search, but they did not state that they were looking for morphine as dscribed in the warrant papers. Also they found supplements that his son was using for working out and they want to charge him with that also. Also, my father in law had his 3 dui not too long ago and he wasn't supposed to have any kind of arms in the house. He told his sister to remove all the guns while he was in jail for that. Unfortunately, the police officers found a gun but he didnt have knowledge that it was there because he thought his sister removed all the weapons. Is there a chance for him not to go to prison???


Asked on 3/12/10, 10:13 am

1 Answer from Attorneys
David Saiki Law Office of David M. Saiki

If the police had probable cause to obtain a warrant to search for mophine, and while executing the warrant, happened to find crack and a crack pipe instead of the morphine they were looking for, the search is good, provided the police only looked in places where morphine could be hidden. As to the gun charge, this might be defensible. The commonwealth would have to prove beyond a reasonable doubt that your father had both knowledge of the presence of the gun, as well as that he exercised "dominion and control" over it to convict him. If you farther had no knowledge of the presence of the gun, the Commonwealth may not be able to convict him of this charge.

Read more
Answered on 3/17/10, 10:23 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia