Drug Possession and the Actual Knowledge Requirement

Many people are at least somewhat familiar with the 2022-24 Brittney Griner saga. The former Baylor University basketball standout was arrested in Russia and charged with possession of illegal narcotics (marijuana vape). She claimed she didn’t know the offending vape canisters were in her luggage.

Summary justice is the rule in most countries, including Russia. So, criminal defenses are usually irrelevant. However, as outlined below, if Griner had been arrested under similar circumstances in Virginia, her defense may have held up in court.

Actual knowledge is just one of three elements that the state must establish beyond a reasonable doubt. So, a Leesburg criminal defense lawyer doesn’t have to “prove” anything. Instead, a defense lawyer must only create a reasonable doubt in the mind of one juror.

The Burden of Proof

In a criminal case, the state must establish every element of a criminal offense beyond any reasonable doubt. This standard of proof is much higher than the standard of proof in a civil case (a preponderance of the evidence, or more likely than not). Sexual battery of a minor, which could be a civil or criminal case, is a good example of the difference.

If two people chat online, it’s more likely than not, albeit not much more, that they also had sex. So, a chat transcript is probably enough to prove civil liability, even if the identity of one person is in dispute.

However, in a criminal case, the state must normally establish sexual relations. Proving that two people met, went on a date, or were alone together probably isn’t enough. A Leesburg criminal defense lawyer can establish alternative narratives in these situations (e.g. I met her but got scared so I left). More on that below.

The Rule

Prosecutors must prove actual knowledge in drug possession cases. We see three common situations in these cases.

Sometimes, the defendant is completely unaware of the presence of drugs or another illegal substance. These situations are especially common if the defendant doesn’t know anyone else at a party or is getting a ride with strangers.

Other times, the defendant knows that “something illegal” is in a certain place, but doesn’t know what that something is. A lack of knowledge defense is easier to establish if the defendant didn’t have exclusive control over the substance or it wasn’t in close physical proximity. Control and proximity happen to be the other two elements of a drug, weapons, or other possession case.

Willful blindness, the third common situation, is not a legal defense to drug possession in Loudoun County.

The Application

To apply the lack-of-knowledge defense, let’s go back to Brittney Griner. Most jurors would have a hard time believing she didn’t know what was in her suitcase.

Witness testimony is probably the best way to establish a lack-of-knowledge defense. Someone must testify that s/he secreted the vape canisters in the luggage without Brittney’s knowledge. If the witness testifies that s/he lied to Brittney about the contents, that’s even better. Brittney must also testify that she didn’t closely inspect the contents.

These witnesses would be subject to cross-examination. So, if a witness has something to hide, a Leesburg criminal defense lawyer might think twice about pressing this defense.

Speak to a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

usatoday.com/story/sports/olympics/2024/07/29/brittney-griner-russia-prison-wnba-2024-paris-olympics-team-usa/74340906007/