Under Virginia law, if it's your first offense and you have less than half an ounce on you, you face up to 30 days in jail, $500 in fines, and six month license suspension*.(*restricted permit available)
However, many first offenders who have been charged with marijuana possession in Virginia can be granted a deferred disposition. In most cases, a deferred disposition is reserved for people who have no previous drug-related offenses on their record and who possessed a relatively small amount. In a deferred disposition, the offender is placed under probation by the court, and will have the charges dismissed if he or she completes all of the statutory and court-ordered conditions of probation, such as:
- Mandatory substance abuse assessment, counseling, and (if necessary) treatment
- Payment of all court costs and fines, including costs of mandatory drug abuse program
- Abstinence from drug and alcohol use during the entire probationary period (enforced by random drug and alcohol tests on behalf of the court)
- Completion of at least 24 hours of community service
A Second Offense Can Reopen Your Case
If you successfully complete all of the term of probation, your charges may be dismissed—but this does not mean you are off the hook for future offenses. If you are arrested for possession in the future, your first offense (although served with probation) will be treated as a conviction, raising the penalties on your second drug-related offense. In most cases, this could mean up to one year in prison and fines up to $2,500.
It takes an experienced and skilled criminal defense lawyer to know the law and procedure. At The Daniel Law Firm, P.C. we work tirelessly to obtain the best possible outcome in your case.
We offer FREE and Private consultations. Call us toll free at 540-204-4316 today and speak with one of our experienced attorneys.