We are happy to announce that effective May 1, 2025, our office will be located at 224 North Main Street, Suite 101. This location is in the heart of downtown Hopewell and directly across the street from the Hopewell Courthouse. Please make an appointment to stop by for a visit!
New Website Launched
We are proud to announce the launch of a completely new and updated stewart-law.com!
The site has been completely updated to be mobile viewing compatible, and has new content and information. Please check back frequently as new updates continue to roll out!
Supreme Court dismisses possession with intent charge
The Supreme Court reversed the decision of the Court of Appeals and dismissed the only remaining charge against [the defendant] in an opinion that was released today.
"The circuit court's finding that [the defendant] knew of the presence and character of the cocaine, without a finding that it was also subject to his dominion and control, is insufficient to support a conviction based upon constructive possession," the Court held, relying on the well-settled principle that mere proximity to a controlled substance is insufficient to establish possession. Accordingly, the Court dismissed his charge for possession of cocaine with the intent to distribute.
The defendant was initially also charged with conspiracy to possess drugs with the intent to distribute them, but that charge had been dismissed earlier by the Court of Appeals.
The case was argued on November 2, 2017 by Matthew Stewart before the Supreme Court of Virginia at Richmond.
Court of Appeals dismisses drug indictments
In an unpublished opinion released today, the Court of Appeals dismissed multiple drug indictments on the grounds of insufficient evidence, noting that "the record contains no statements from, or actions by, [the defendant] or his co-defendants suggesting he was aware of the presence of the contraband."
The court also dismissed a conspiracy charge that was associated with the drug distribution indictment, noting "Without evidence of 'an actual agreement between two or more persons . . . , Virginia law precludes a finding that a conspiracy exists.' The record is devoid of any statements or actions to support a finding that there was an agreement between [the defendant] and any other person to distribute cocaine."
The case was argued on December 6, 2016 by Matthew Stewart before a three judge panel of of the Court of Appeals at Richmond, Virginia.
The defendant had been serving a five year sentence in connection with the now dismissed charges.
New Office Location & Phone Number
Matthew Stewart is proud to announce a new office location, effective January 30, 2017!
Our law office will now be located within the Eliades & Eliades building in Hopewell, just four blocks from our previous location. Please stop in and say hello!
408 North 6th Avenue
Post Office Box 689
Hopewell, Virginia 23860
Phone: (804) 668-5186