In Fairfax County, marijuana possession is a serious issue. A conviction can have consequences that last the rest of your life. Here’s what you should know about possession of marijuana in Fairfax.
Fairfax County’s Stance on Marijuana
Other places in the U.S. may be changing their views on marijuana. Fairfax County, however, remains as strict as ever. Being caught with even tiny amounts of marijuana will get you into trouble. You might be fined or imprisoned. You will definitely have your license suspended and add a criminal conviction to your record. Clearly Fairfax County takes marijuana possession seriously.
Actual vs. Constructive Possession
In Virginia, marijuana doesn’t have to be found on your person for you to be charged with possession. Just having marijuana in your home or car is enough. You don’t even have to have to have bought it yourself. This is know as “constructive possession.” You can only be convicted of it if the Commonwealth can prove you knew about the marijuana and exercised control over it.
Field vs. Laboratory Tests
To convict you of possession in Fairfax, the prosecutor must prove the substance found is really marijuana. Officers are allowed to perform a field test using a special kit. They must prove they used the kit and testify to the results. However, these tests aren’t always accurate. The Commonwealth must tell you if it plans to use field test results in the case against you. You can then request the same substance be tested in a laboratory.
Possible Outcomes
There are several routes your sentencing could take if you are convicted. First-time offenders are eligible for a deferred disposition as part of the 251 program. The case is continued for six to twelve months. During that time, you may have to take classes, do community service, and stay out of trouble. If you complete all the requirements, your case will be dismissed. The program isn’t fun. It does allow you to avoid having a mark on your permanent record, though.
If you aren’t eligible for the 251 program, it’s best to hire a lawyer. An attorney can argue for better terms. He or she may also be able to reduce your charge to possession of paraphernalia.
Getting Help
At the Law Offices of Faraji Rosenthall, we are experts in drug convictions. Our experienced team can advise and represent you no matter what the details of your case are. Get in touch today to schedule your free consultation.
