Ali John Amirshahi

Virginia State Bar  # 34137

Member

Current

Q. If a bag of illegal contents is found away from a man in a public place, how can one person be charged with possession

May 19, 2017

A: Is this a follow up to the last question?

The answer is- they can be charged, but it's harder to prove.

For example if the person charged's ID is in the bag of "Illegal contents" the police may try to charge the person.

I think they would need something more than that- perhaps they have evidence that the person was seen with the bag, or just left the area and no one else

Is around. Hire an experienced attorney. There are too many variables here.

Q. How can one be charged with possesion,Without actually being in possesion of somthing.

May 19, 2017

A: Good question.

Possession can sometimes be proven when the government can prove dominion and control combined with exclusive access even though it's not immediately available.

Example- a large amount of drugs in the trunk of car, defendant has keys to car, no one else has access and defendant admits drugs are his. That would be enough for possession even though the defendant might be in the car at that moment.

Q. can I reopen case after 15 years, if it's now a problem and I was not advised of my rights as immigrant LPR

May 13, 2017

A: It's highly unlikely.

In Virginia I have done so a couple of times by using a process known as " qurom novis" but that's really to correct clerical errors. But it worked for me. Good luck.

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