Music lovers from across the country will soon be gathering at FloydFest near Floyd, Virginia, July 26-30. FloydFest is a music and arts festival held in the Blue Ridge Mountains every year since 2002. Attendees enjoy a wide-variety of live music, workshops, panels, yoga, massage, and dance along with camping for five days. While this is meant to be a community-oriented and creative gathering, things can go wrong and there may be misunderstandings. Local ordinances and state laws still apply, which means law enforcement will be on the lookout for offenses, particularly related to drugs, alcohol, and physical and sexual violence.
If you arrested at FloydFest, be mindful to cooperate with the police yet protect your rights. Then contact a Roanoke criminal defense lawyer from Copenhaver, Ellet & Derrico at (540) 343-9349 as soon as possible.
Important Virginia Drug and Alcohol Laws
While medical and recreational marijuana is becoming more popular in certain regions of the U.S., cannabis is still illegal throughout Virginia. It may be tempting to bring some marijuana to smoke at a music and arts festival, but if you are caught with it, whether or not you are currently partaking, you will be arrested and charged with a crime. The same is true for any other illegal substances like LSD, ecstasy, mushrooms, cocaine, meth, Peyote, opioids, and prescription drugs without a valid prescription. Also, bear in mind, if any FloydFest worker finds you have marijuana or another illegal substance, they will be obligated to turn you over to the police.
FloydFest does not allow outside alcohol and any alcohol you wish to drink must be purchased at the festival and consumed in an appropriate area, such as the beer and wine gardens. If you are caught possessing or imbibing alcohol where you should not, it could be confiscated and the police could become involved. Since it is unlawful for you to drink or offer alcohol to others in a public space, you could be cited and fined. If there is any other issue, including whether you are creating a nuisance or becoming violent, you could be arrested.
What to do if You Are Arrested at FloydFest
If you are arrested at FloydFest for any type of offense, you should:
- Cooperate with the police: Do not run away, argue, or in any way resist arrest. This could escalate the situation and lead to additional charges.
- Listen to your Miranda rights: The police are required to read you your rights, including your right to remain silent and have an attorney. You should listen to these rights and take note of when you are informed.
- Politely refuse to answer questions: You have the right to remain silent. However, simply not saying a word to the cops is not your best option. Instead, you should politely tell the police that you refuse to answer any of their questions until you have an attorney.
- Contact a criminal defense lawyer: Once you are given the opportunity to contact someone, call us at Copenhaver, Ellet & Derrico immediately or call a friend or family member who is a better position to speak with a lawyer on your behalf. You should have an attorney get to the police station as soon as possible that way you have legal advice and supervision during any necessary police questioning.
- Determine how you can leave jail: A lawyer can also explain your rights and the process to get you out of jail. Depending on the offense, the police may let you go on your own recognizance. However, if you have been arrested for a more serious reason, you may need to obtain bail.
- Prepare for your arraignment and future court appearances: If you are charged with an offense after being arrested, you can expect multiple court appearances in the future, including the initial arraignment. We can help you understand what goes on at each of these hearings and your rights and duties in relation to them.
- Continue to work with your attorney: Once you are released from jail, you should continue to work with your attorney to plan your defense. We may be able to motion for the charges to be dropped or reduced. If the prosecutor wishes to move forward, we can plan a defense strategy for trial or discuss alternatives.
Let Our Roanoke Criminal Defense Lawyers Help You
While you go to FloydFest for fun, it is possible that plans could go awry. However, a minor incident or misunderstanding at a festival does not have to result in a criminal record. By working with our defense lawyers at Copenhaver, Ellet & Derrico, you get the benefit of an experienced legal team who will aggressively protect your rights and defend your freedom.
Call us today at (540) 343-9349 to schedule a free consultation.