Legal Question in Criminal Law in Virginia

251 disposition

I have been charged with possesion of Marijuana, and I have been offered the ''251 disposition'' deal, and I was wondering if there was anyway that I could possibly try to fight the charge in court without legal representation.

My other concern/question is the suspension of the driver license that comes with the 251 disposition; Is there anyway to bargain, or plea a certain way to remove or change this condition of the disposition? I Do have a Job, and am attending College classes currently.


Asked on 1/28/09, 2:03 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 251 disposition

Fight the charge? Sure, if you have some training in and knowledge of Virginia criminal law and procedure. Otherwise, forget about it unless you retain counsel to handle this particular task as part of his or her representation of you in this matter.

Normally, under this kind of disposition, a restricted license can be granted to the defendant who makes the request to the court during the entry of his guitly plea which should allow you to operate your vehicle to drive to work and to attend classes.

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Answered on 1/28/09, 10:14 am
Jonathon Moseley Moseley & Associates Law Firm

Re: 251 disposition

Well a 251 disposition IS a plea deal of sorts. So you can certainly discuss with the prosecutor what you are looking for by way of being able to drive, etc.

Can you fight it legally? Well, of course it is possible. We don't know any of the facts and whether or not the evidence can be disproven. It is always possible, but that would depend on the evidence they have and what the circumstances are.

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Answered on 1/28/09, 10:24 am


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