Legal Question in Criminal Law in Virginia

My son is being charged with distribution

Hello I am the mother that asked the original question where my son is going to court on Tueday in Fairfax Co. You said that if they did not arrest him on the spot that they would most likely test the substance. How can the police wait a year before serving him a warrant? This supposeably happened in July of 2007 and his warrant came in July of 2008. This does not seem fair. Since my son was distributing pot. He picked up some for a friend with their money and did not make any profit from this. Of course he did break the law but what are his chances of getting only probation?


Asked on 11/16/08, 1:14 pm

1 Answer from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: My son is being charged with distribution

Once your son was indicted it was "active" until served on him. Often in informant cases the defendant is indicted a significant time after the original offense date. There are sentencing guidelines in va which wiill have a range of time low mid and high. Probation is a possible outcome, but your son's guidelines will call for active jail time especially if he has a prior record. He can get less than the guidlines call for depending on certain factors.

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Answered on 11/16/08, 2:07 pm


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