In Virginia, Authorities Crackdown on Prescription Drug Abuse

This week, the Washington Post revealed a massive effort taking place in Northern Virginia to prevent the sale and illegal use of prescription drugs. What is being called “Operation Cotton Candy” began in 2002 and involves law enforcement at local, state, and federal levels. Some are calling it a waste of time and money but the U.S Attorney’s office points to 170 convictions as proof that they are doing something right.

Illicit prescription use is at an all time high in every state in the nation. Legal with a prescription but highly dangerous without, drugs like Oxycontin are highly addictive and creating a black market that includes people from all walks of life.

According to the Washington Post report, doctors, nurses, and grandmothers have been caught up in Operation Cotton Candy, including one physician who was accused of prescribing an unheard of 1,200 Oxycodone pills per day to a single patient.

People have a tendency to view prescription drugs as somehow safer than drugs like crack or heroin. They think that because they come from a pharmacy and are commonly recommended by doctors, they can’t be as dangerous as these more well known street drugs. This, unfortunately, couldn’t be further from the truth.

Prescription drugs are highly addictive. Often, addiction begins when the drugs are prescribed for a legitimate reason, an injury for instance. As tolerance builds, you begin taking more and more; and if your supply is cut off, you may take drastic measures to ensure your need for the drugs is satisfied.

Once caught in possession of illegal drugs, prescription or not, a harsh reality check often results. Drug charges like these can end up with years in prison. Handling an addiction becomes especially difficult in a place like that.

If you are facing drug charges like this, or if you are accused of selling prescription drugs, we may be able to help. If this is your first offense, we may be able to get you a second chance.
Contact us today to discuss the details of your case. We look forward to hearing from you and helping you overcome this difficult point in life.

Virginia Dentist Guilty In Drug Distribution

A Tazewell County dentist pled guilty this past week to distribution of hydrocodone (commonly known by the brand name Vicodin). He was writing prescriptions for the pain killer for the last nine years and it finally caught up with him.

Dr. Peter M. Francisco won’t be writing any prescriptions anymore however, as he has lost his privilege to prescribe medication. He also faces up to 15 years in prison according to this report from WVEC. Francisco’s sentencing is scheduled for February 23rd.

The U.S. Attorney on the case states that over a period of 9 years from 2000 to 2009, Francisco wrote prescriptions for over 10,000 of the painkillers to 3 people. These people would fill the orders and return the drugs to Francisco.

In Virginia, possession with intent to distribute a controlled substance, whether it is prescriptions drugs, marijuana, or cocaine, is a serious offense. You’re looking at felony charges and years behind bars.

The prosecution will use all sorts of methods to get a conviction in your case and it is your defense attorney’s job to ensure you have the best possible chance at overcoming their charges.

If you are facing serious drug charges like these, an experienced defense team is necessary.

The evidence in your case is crucial. How it was obtained and handled throughout the arrest process can impact your case in a major way. If the evidence was mishandled in any way, we can motion the court to suppress it, keeping it out of your trial altogether.

Often, if this is your first run in with the law, we can work with the prosecutor to set up some sort of plea agreement. Perhaps you are facing years behind bars but we can get the sentences suspended for probation instead.

Knowing the details of your case is crucial in determining the next move to take. Call me today for a free consultation and legal advice on your Virginia drug case.

Special Legislative Session to Address Melendez-Diaz

The Virginia General Assembly passed H5007 in response to the requirements changes for admission of forensic evidence in the Melendez-Diaz case.

The law formalizes a Notice and Demand process for admission of forensic and chemical evidence in drug and DUI cases where a technician would be required to testify in support of documentary evidence.

The prosecuting Commonwealth's Attorney notifies the defense of it's intent to use forensice evidence without supporting expert testimony. If the defendant objects, it must do so formally in court. As a result, extra time will be allowed for scheduling the court appearance of the expert needed in the case.

Melendez-Diaz to Increase Use of Virginia Drug Courts and DUI Courts?

An Update on the Previous Melendez-Diaz post:

Forensics blogger Harold Levy notes an interesting comment buried in the News Record article. One delegate suggested that this decision will create some better deals for defendants, and may result in increased use of alternate court dispositions that stress treatment.

Drug courts and DUI courts are alternative sentencing arrangements that can give a first time offender a chance to have a case dismissed after a year. If he or she completes a strict drug or alcohol treatment program, and passes mandatory drug tests or abstains from alcohol, the charged are dropped.

Currently Drug Courts in Virginia are still being used on a largely limited basis. A list of drug courts is here. Currently there is only one DUI court in Virginia, in Fredericksburg. Not all courts have drug court alternatives as an option, and not all prosecutors and judges will go along with it in every eligible case, even if it is available.

And there are downsides to accepting a drug or DUI court disposition. If you fail to complete the program, you are subject to retrial in court, and will likely face much stricter penalties than if you simply plead guilty the first time through.

But for those who complete the program, it is often a very good deal from a criminal defense perspective. And it is a good opportunity to get help with an addition problem. The research on drug courts has shown a lot of success.

It would be a shame if it took prosecutors backed into a corner to increase the use of these well-documented successful programs, that reduce recidivism, decrease the need for costly imprisonment, and truly help Virginia citizens fix their addiction problems and their lives.

If you are accused of a DUI or drug possession in Virginia, give us a call to find out your court options, and what we can do to defend you.

Court Decision a Boon For Drug Possession & DUI Defense in VA

A recent US Supreme Court decision on rules of evidence is a win for defense attorneys, and is causing administrative hassles for prosecutors across the Commonwealth.

In Melendez-Dias v. Massachusetts, the court ruled that forensic evidence reports, such as those identifying controlled substances in drug possession cases, or certifying Breathalyzer machines in DUI cases, are insufficient evidence on their own. The court determined that this evidence violated what is known as the "confrontation clause", also known as the right to confront one's accuser in court.

The net result of this decision is that prosecutors must have forensic analysts on hand to support this evidence, and the defense attorney will have an opportunity to cross examine the witnesses. The practical implication of this is that the Commonwealth only has a small number of experts available to testify in court, and there are thousands of potential cases per year where this documentation evidence has been used previously.

Virginia State Legislators Scramble to Adjust to the Reality of Melendez-Diaz

As noted in the Daily News Record and many other Virginia newspapers, the Melendez-Diaz decision is driving a special session of the Virginia General Assembly on Aug 19 to address the issue. Legislators are concerned that if they don't have an answer quickly, judges many have to dismiss many drunk driving and drug possession, if the prosecutors aren't able to provide the necessary witnesses.

Governor Kaine has stated that the situation may be able to be addressed administratively, without new legislation necessary. Commonwealth's Attorneys will have to first file notice of intent to use the documentation without the required witnesses. Presumably many defense attorneys will object, but that legal process will probably buy them time to arrange and schedule the expert witnesses.

The Commonwealth will likely need to provide emergency funding for additional forensics experts to testify in courts across the state. This will probably be the product of the special legislative session.

The bottom line is, this chaos will create some defense opportunities for lawyers in Virginia DUI and drug possession cases.

And if you are an unemployed forensics expert, stay by your phone.

VA Police Chief Sentenced on Drug, Gun Charges

The law turns a blind eye to no one. Of course there are cases where people in power break the law for years unnoticed but the majority of the time their indiscretions come to light and they are forced to face the music, just like the rest of us.

Former Damascus Police Chief Tony Richardson had pled guilty to charges in March and last October. The charges were part of a plea agreement according to this WVEC brief.

Richardson admitted he sold methamphetamines and prescription drugs while he was police chief. He was officially charged with 8 drug offenses and one gun charge. The sentence called for 5 years on each drug charge and 2 years on the gun charge.

Likely part of the plea agreement, the judge, Judge Byrd Sergent in Washington County Circuit Court suspended the bulk of the drug sentences. What was left was a 5 year prison term that Richardson is set to serve.

A sentence suspension is not uncommon and is particularly common in cases where the defendant has no criminal past. By suspending the bulk of Richardson’s prison term, the judge allows him to serve less time while keeping supervision over him for a period following incarceration.

A suspended sentence typically means there will be a period of probation or post release supervision after the prison term is served. During this supervision period, Richardson will have to abide by certain terms like staying drug free and not getting in additional trouble.
If Richardson abides by the terms of his supervision after his prison term, the supervision period will be allowed to expire. However, if he were to violate the supervision terms, his sentence could be activated and he could be sent back to prison.

Probation and parole supervision are typically very effective methods of control for the criminal justice system and they are usually more desirable then a prison sentence for the defendant.

If you are facing criminal charges and want to know if you might be eligible for probation instead of a prison term, give us a call. There are several factors that play into how a judge determines your sentence and our attorneys can help you evaluate your case.

Virginia Beach Biker In On Major Marijuana Bust

Champion mountain biker and local native Mellissa “Missy” Giove was arrested and is now facing serious criminal charges in New York. The case involved several people, several states, and a speedy investigation resulting in the arrests that took place earlier in the week.

Giove is known for being a world class athlete with funky hair. She is a Va. Beach resident and her Virginia home was searched following the New York bust.

According to the Associated Press, it all started with a pick up in California. Allegedly, Giove and an assistant made the drive from California to Iowa in a rental truck towing a trailer filled with marijuana. Giove got on a plane in Des Moines heading to New York and her assistant drove on.

Tamara Geagley, the assistant, was pulled over in Illinois where police learned about the transport. She told police that Giove had hired her to complete the drive and meet up with her in New York. Police sent Geagley on her way and hoped to intercept Giove with the marijuana when it reached its final destination.

Police watched Giove get off the plane in NY and meet up with Geagley. Geagley was dropped off and Giove met with Eric Canori. After unloading some of the marijuana at Canori’s home police stopped Giove, who was still behind the wheel of the truck, and made their arrest.

Along with cash, police confiscated over 300 pounds of marijuana. Currently Giove and Canori face charges of possession with intent to distribute in New York. They may face federal charges as well. While Giove is facing charges in New York, there is no telling what Virginia authorities may have found in her home.

The criminal charge of possession with intent exists in most states, including Virginia. This is typically a very serious felony charge. The penalty faced depends largely on the amount of marijuana that the accused was in possession of.

In Virginia, if you are charged with intent to distribute over 5 pounds you face a possible 30 years in prison. That is a tremendously serious penalty to have hanging over your head.

When facing serious drug penalties, an experienced and aggressive attorney is crucial. I can fight for your interests and make certain that your side is heard in court. Call us today so we can discuss your case and how best to handle it.