Fairfax Marijuana Possession Lawyer
A conviction for possession of marijuana can put both your finances and your future at risk. Find out how to build the strongest defense possible by working with a Fairfax marijuana possession lawyer.
Being faced with a marijuana possession charge can be a frightening experience. It can be difficult to know how to go about building a strong legal defense. In some instances, you might not even have been the person in possession of the drug; however, you may still be charged with possession if someone near you had possession, or if you were in a vehicle in which marijuana was found.
A capable drug defense attorney will understand the penalties you may be facing after a marijuana possession charge and can work to have the charges against you reduced or dismissed. A Fairfax marijuana possession lawyer with Priale & Racine, PLLC can be an invaluable partner when building this defense.
Penalties for Marijuana Possession
Unlike with many other states, in Virginia, even the possession of marijuana is illegal. Penalties for possession include the following:
- First Offense – Considered a misdemeanor, a first offense marijuana possession charge carries a possible sentence of thirty days in jail and a fine of up to $500. Additionally, drivers will lose their Virginia drivers license for six months after a first offense conviction.
- Second Offense – A second offense marijuana possession charge is a class 1 misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.
If this is your first offense, there is hope that the charge can be dismissed. Under Virginia’s first offender program, a judge could give you six months to have no new offenses, undergo specified drug treatment, perform twenty-four hours of community service, have your license suspended, and pay all court costs. After all of this has been completed, the judge would drop your charge.
It’s important to have a seasoned defense attorney on your side who knows the ins and outs of marijuana possession law, and how to get the best outcome for your situation.
Possible Defenses for Marijuana Possession
You may have been charged with marijuana possession even if only the slightest amount of marijuana residue was found near you. Unfortunately, there is no minimum amount of marijuana needed for a charge. However, possession is difficult to prove unless you made a statement claiming the marijuana as your own.
Additionally, if someone near you possessed marijuana, you may be charged with “constructive possession.” This means that even though the drug was not on your person, a prosecutor may claim that you knew about it and should have been able to control it. Again, this can be difficult for a prosecutor to prove if you don’t make statements about owning the marijuana.
If the marijuana was discovered during a stop and search, your Fairfax marijuana possession lawyer may find evidence that the search was unlawful. In such a case, we could challenge it under the Fourth Amendment with the goal of having the evidence deemed inadmissible.
Contact a Fairfax Marijuana Lawyer
Facing a marijuana possession charge can be scary, but you don’t have to face it alone. Contact a Fairfax marijuana possession lawyer with Priale & Racine, PLLC today. Call 703-272-3922 or use the online contact form below to schedule your free and confidential consultation.