Case StudiesDrug CrimesStillwell v. Commonwealth

Drug Crimes Case Study

Stillwell v. Commonwealth

📍 Virginia Court of Appeals📅 2016⚖️ Virginia Code § 18.2-255.2

Legal Issue

Whether the mandatory minimum sentence for drug distribution near a school was constitutionally applied.

Court Holding

The court affirmed the mandatory minimum sentence, finding that the school zone enhancement under Virginia Code § 18.2-255.2 was properly applied. The court held that the prosecution had proven beyond a reasonable doubt that the distribution occurred within 1,000 feet of a school property.

Defense Takeaway

School zone enhancements dramatically increase drug distribution penalties. D.J. Rivera challenges the measurement of the distance from the alleged distribution point to the school property, and scrutinizes the evidence of the location of the alleged offense. Disproving the school zone enhancement can reduce the mandatory minimum sentence significantly.

Relevant Virginia Law

This case involves § 18.2-255.2 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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