Possession of Marijuana Attorney
Possession of Marijuana Lawyer with over 20 years of experience.
Serving Manassas, Woodbridge, Leesburg, Fairfax, Centreville, Gainesville, Warrenton,Dale City, Dumfries, Haymarket, Herndon, Reston,Alexandria and all locations in Prince William County, Fairfax County, Fauquier County, Stafford County, Loudoun County, Culpepper County, and Spotsylvania County.
If you have been charged with the offense of Possession of Marijuana in Virginia, you must understand the consequences of a conviction.
It is imperative that you consult with an experienced Possession of Marijuana attorney. James J. McCoart, III, has represented hundreds of people accused of possessing Marijuana. If the Possession of Marijuana charge is your first drug charge, then it is likely that it will be treated as an unclassified misdemeanor. As such, the maximum penalty a person can receive is 30 days in jail and/or a $500 fine. In addition, the statute requires a 6 month driver’s license suspension.
If a person is charged with a Possession of Marijuana 2nd or 3rd offense, the penalties become more severe. The offense is then classified as a Class 1 misdemeanor, and as such, a person could serve up to 12 months in jail, fines up to $2,500.00 and again, a 6 months driver’s license suspension.
Defending the Possession of Marijuana charge
Before a person can be convicted of Possession of Marijuana, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant is guilty of the offense.
The prosecution must show that the marijuana was found on you or your property.
Fortunately, the marijuana statute states, “ownership or occupancy of the premises or vehicle upon or in which the marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.” I have won numerous Possession of Marijuana cases by utilizing those exact words in trial.
Another defense to a Possession of Marijuana charge is the legal concept requiring that law-enforcement have “reasonable articulable suspicion of criminal activity” before initiating a stop on a person or their vehicle. In other words, law-enforcement cannot randomly stop your vehicle or you.
Also, when law-enforcement charges a person with the offense of Possession of Marijuana, the officer is required to provide the accused with the necessary form whereby the accused has the legal right to a Chemical Analysis of the Alleged Plant Material. Further, the required form states specifically:
Notice to the Accused
The Code of Virginia provides that if you are accused of violation of §18.2-250.1, you have a right to request a full chemical analysis of plant material which is alleged to be marijuana to determine whether or not the plant material is marijuana. Such a request may be made by motion prior to trial before the Court in which the charge is pending.
It is imperative that the alleged plant material be chemically tested by filing the appropriate motion with the Court.