by admin | Jan 16, 2014 | Possession of Marijuana
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...
by admin | Nov 4, 2013 | Possession of Marijuana
So you’ve been charged with possession of marijuana in Fairfax. You’ve been issued a citation, and you’re scheduled to appear in court. Now what? It’s vital that you know what your rights and options are. If you don’t, you have no way of knowing whether an offer is the best you can get or what the long-term impact will be. Here are the typical options available to someone charged with marijuana possession in Fairfax county. Do the 251 Program If you’ve never been convicted of a drug crime, you’re eligible for a deferred disposition. That means your case is continued for six to twelve months on average. During that time, you’ll have to take classes, do community service, and keep out of trouble. You’ll also lose your license for six months, though some judges will let you get a restricted license. If you meet the requirements, your case will be dismissed. If you don’t, you’ll be convicted. When you go this route, you’ll meet with a program advisor to find out what you’ll need to do. Often the judge will put you in the program without hearing your case as long as you agree to the terms. You can only do the program once, though. You will not be able to take this route again if you have another felony drug charge. The major pro of the 251 program is that you can avoid a criminal charge on your permanent record. That’s very rare in Virginia. If keeping your record clean is worth the time, money, and hassle of the 251 program, it’s a good option for you. Hire...
