There are several ways to beat a possession charge in Virginia : enter the first offender program for for marijuana program and get the Virginia marijuana case dismissed enter a plea agreement with the prosecutor that results in a dismissal of your case
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If you’ve been charged with possession of marijuana under VA Code 18.2-250.1, you need to talk to a defense attorney ASAP. You may be able to beat the charge or at least be eligible to have it dismissed with community service. There are several angles for us to examine in any possession of marijuana case:
Since the law doesn’t require any specific amount of marijuana to be convicted, the residue can be enough. One thing people tell me a lot of times when I’m talking to them about a possession of marijuana case is that they just had “a little bit” of marijuana.
Under VA Code 18.2-251, if this is your first offense, you may be eligible to have the charge dismissed. To get that outcome, the judge gives you six months to do several things:
But to use the field test results in court, the Commonwealth of Virginia has to give you a notice that you have the right to ask for a lab test of the substance. If you have a lab test done and the lab says the substance isn’t marijuana, that’s good news for us!
How to Fight Drug Possession and Distribution Charges in VirginiaControlled Substances Categorized by Their Severity. ... Fighting Charges for Simple Drug Possession in Virginia. ... Virginia's First Offender Program. ... Request a Drug Court. ... Try to Get the Charges Dismissed. ... Enter a Plea Deal.More items...•
Documents Required for Issue of Possession Certificates by the GovernmentAn extract of the land record, or a property deed, which proves the title of the builder over the land in question.Sale Agreement, which is the document of sale executed by you and the builder.
Code §18.2-250) can be charged as a misdemeanor or a felony. Someone can be convicted of possession of a controlled substance in Virginia if he knowingly and intentionally possessed a controlled substance without a valid prescription.
Penalties for Drug Possession in Virginia Possession of a Schedule I or Schedule II drug is a Class 5 felony. The penalties for a Class 5 felony possession conviction can include up to 10 years in prison and a fine of up to $2,500.
Under Article 65 of the Act, it is mentioned that whenever a suit is filed for possession of immovable property or any interest therein based on title, the period of limitation for filing the suit is 12 years and the period begins to run when the possession of the defendants becomes adverse to the plaintiff.
Possessory remedies are those which exist for the protection of possession even against ownership. Proprietary remedies are those which are available for the protection of ownership. In many legal systems, possession is provisional or temporary title even against the true owner.
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.
In Virginia, felony crimes have no statutes of limitations—meaning a felony criminal case can be filed at any time. Most misdemeanors must be charged by the prosecutor within one year of the crime unless the law provides an exception, of which there are several (see below).
Cocaine or methadone are included in that Schedule. Schedule III drugs have the potential for abuse and moderate dependency and include such substances as codeine and the codeine family of drugs.
In Virginia, a first offender program is available for those charged with drug possession, regardless of the type of drug. Va Code § 18.2-251 outlines the criteria by which first offenders may be placed on probation to have the charge dismissed. The program is most often utilized for possession of marijuana charges.
Possessing certain kinds of drugs in Virginia is considered a felony crime. Virginia Code §18.2-250 makes it illegal to knowingly or intentionally possess a controlled substance without a valid prescription.
Schedule II drugs include PCP, cocaine, methadone, and methamphetamine. Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency and an accepted medical use. Anabolic steroids and codeine fall into this category.
Possession charges vary somewhat depending on WHAT you are possessing. But the legal defenses are similar. There are several ways to beat a possession charge in Virginia :
First offense charges are different than 2nd offense possession marijuana charges in Va. While a 1st offense marijuana charge is considered an unclassified misdemeanor and carries a maximum of 30 days in jail, a 2nd offense possession charge in Virginia for marijuana is a full class 1 misdemeanor.
First-time offenders caught with less than half an ounce of marijuana face a maximum sentence of 30 days in jail and a $500 fine. If it is your second or later conviction, you face up to 12 months in jail. You also face fines of $2,500 for less.
Felony first offender works similarly to the marijuana first offender. You are on probation, you have to jump through some hoops concerning community service and drug education classes. And you are on probation. If you are successful the case gets dismissed.
Another way to solve the problem of how to beat a possession charge in Virginia revolves around a plea agreement with the prosecutor. Many jurisdictions now realize that the public tide is going towards accepting marijuana use and legalization of marijuana.
At Leavitt & Martin , we have found legal defenses to these charges frequently. I have won many marijuana and drug cases based on several Virginia and Federal legal issues that helped my client win their case. Legal defenses DO exist, if you use due diligence.
Leavitt & Martin represented someone in court this week in Chesterfield, Virginia and the case was dismissed. Our client wen to a party. He had been there five minutes. There was marijuana in the open, and everywhere. Our client never admitted that any of the marijuana was his.
If you’re charged with the possession or distribution of drugs in Virginia, there are several defenses available to you.
The most important part of fighting any kind of drug charge in Virginia is to contact a lawyer as soon as possible.
Possession is one of the most common drug crimes in the Commonwealth of Virginia. It is illegal to have any amount of controlled substance, including marijuana, cocaine, heroin, and LSD in your possession.
The penalties for a drug conviction can vary depending on a number of factors, including the severity of the charges, nature of the crime, and the defendant’s prior record.
There are a number of different defense strategies that are often used in drug crime cases. In possession cases, criminal defense attorneys can sometimes argue that you were not in possession of the controlled substance at the time of your arrest.
Criminal defense attorneys are often able to negotiate plea deals on behalf of their clients. In fact, the majority of all criminal cases are resolved through plea deals. In this arrangement, the defendant agrees to plead guilty in exchange for reduced charges or lighter penalties.
If you or a loved one has been accused of committing a drug crime—or if you are simply under investigation—don’t hesitate to seek legal representation from a Roanoke drug crime attorney.
First offense convictions carry potential jail time of up to 30 days and fines of up to $500. Second-time offenders face a Class 1 misdemeanor charge and can be punished by jail time of up to one year and a fine of up to $2,500.
Search and seizure issues present a completely different line of attack on marijuana possession cases. Any evidence found as a result of an illegal search or se izure can be kept out of court. Needless to say, we need to carefully analyze any search or seizure in your case.
If the Commonwealth can prove that you possessed marijuana, there’s still hope. Under VA Code 18.2-251, if this is your first offense, you may be eligible to have the charge dismissed.
Since the law doesn’t require any specific amount of marijuana to be convicted, the residue can be enough.
Here are some of the most commonly used strategies. Applying for Virginia’s First Offender Program. Virginia’s first offender program (also referred to as a “251 program”) aims for rehabilitating instead of punishing first-time drug offenders.
If you’ve been charged for possessing and distributing drugs in Virginia, you should take steps to defend yourself. A good criminal defense lawyer may be able to build a case that gets you out of possession and/or distribution charges or at least reduces the penalty.
Virginia’s first offender program (also referred to as a “251 program”) aims for rehabilitating instead of punishing first-time drug offenders. You may qualify for this program if you’ve never availed of it before and haven’t been charged with possession or any drug violation in the past.
Plea deals are particularly important in lesser felony cases where the charges can be reduced into misdemeanors through a plea bargain. Plea deals in Virginia are legally binding. There are rare instances where constitutional mistakes occur, such as arresting you without probable cause.
Drug courts are created to provide offenders suffering from drug addiction with legal conditions aimed at recovery rather than punishment. Usually, this means you must appear in court regularly rather than face penalties and jail time. While entering a drug court, a guilty plea can be better in the long run.
Under the Commonwealth of Virginia, drug possession is a criminal offense with serious consequences. Extreme penalties and a lengthy prison sentence can result even for a first-time conviction of possession or distribution of controlled substances.
The Commonwealth of Virginia has over 30 firearm-related offenses — here are some of the most common.
Depending on the circumstances, lawyers will work to keep your gun possession charges in the Virginia state court if at all possible. If weapons offenses are handled in state court, lawyers could seek probation as your sentence, even if a guilty plea was entered in your case.
If you have been charged with a gun offense, contact Holcomb Law right away. Our compassionate attorneys can help you to build a solid case.
DUI cases are very complex, involving scientific evidence and testing, and confusing police and legal procedures. So you really want a criminal defense attorney with experience fighting and winning DUI cases in Virginia courts.
The police can’t just pull you over for any reason. They have to explain exactly what circumstances caused them to stop your car. If they didn’t see you commit a crime or traffic violation, or they can’t produce a witness who did, then the case must be dismissed.
Virginia Drunk Driving laws are tough, but almost any DUI case can be won in court. A smart attorney will dig hard, challenge everything, and make the prosecutor prove every element of the charges beyond a reasonable doubt. The Constitution requires nothing less. The police frequently make procedural mistakes that go against their own training.
DUI charges are disturbing easy to get. But you are not a criminal, and I will fight to defend you and save your license. The following legal challenges can be used to win a DUI case in Virginia.