Virginia domestic violence victim charged with cannabis use during testimony

A Virginia district judge stopped a domestic violence victim while giving evidence and sent them to prison for alleged cannabis use.

Loudon County District Judge James P. Fisher in Virginia, who recently headed a domestic violence case, sentenced the victim to 10 days in prison after admitting that she smoked cannabis earlier that day. Fisher had them removed from the stands during the testimony of several MPs, as described in a Commonwealth Prosecutor’s brief. The victim spent two days in jail and was released on $ 1,000 bail.

According to Assistant Commonwealth Prosecutor Elena Ventura, the victim was not treated optimally. “In the midst of a difficult (cross-examination), she was arrested, interrogated, arrested and removed from the courtroom,” the situation is quoted in the letter, according to Virginia Mercury. Ventura also described them as “not treated with the respect, sensitivity or dignity required by law”.

The letter mentions that the victim was visibly nervous when she testified for an hour and a half. Her perpetrator had been convicted of abuse twice in the past. However, the pleading states that, despite the nature of the case and the victim’s psychological state, Fisher continued “an intense and assertive interview focusing on drug addiction and infidelity.” He spoke to detectives who spoke to her prior to the trial and described her behavior as being consistent and showing no signs of impairment or intoxication.

Virginia cannabis laws were designed to protect legal use

According to the authors of the letter, Fisher’s response poses a threat to future cases that “may have a chilling effect on victims’ willingness to testify in cases of domestic violence, an area of ​​law where victims are already objecting and / or refusing to cooperate because of the extensive trauma that victims of domestic violence experience through the cycle of power and control, especially in cases where victims have mental health problems, such as … the case at the bar. “

Unfortunately, Fisher has had similar reactions to previous cases in the past. He sentenced a divorce lawyer to one night in jail for disobeying the court when she asked him to clarify his verdict. However, it is within his right as a judge to fined $ 250 and detain people for up to 10 days for misbehaving, engaging in violent behavior, or using inappropriate language, under the Virginia Contempt Act.

The lawyer representing the victim, Thomas K. Plofchan, Jr. of Westlake Legal Group, also supported the claim that she did nothing wrong and did not deserve to be treated that way. “She did not admit to engaging in illegal activities, nor did she admit to being influenced in the courtroom,” says Plofchan Jr impaired their speech or muscle movement. “

Even local lawmakers like Senator Jennifer Boysko, a representative for Loudoun County, noted that victims in cases like this in the past will not be protected if they should instead be treated with “respect and dignity”. Likewise, Senator Scott Surovell raised the question of what would have happened if she had admitted to consuming alcohol instead of cannabis that morning.

Recreational cannabis possession and cultivation has been legal in Virginia since July 1, although sales are not expected until January 1, 2024. While this is progress for southern states like Virginia, clearly more needs to be done to ensure that cannabis use in an unrelated case is not a criminal offense. For now, a hearing is scheduled for next week to quash the disregard charge.