Legal Question in Criminal Law in Virginia

I already have a charge under first offender status for public intoxication, which I am serving community service for. Under VA law, if I receive a simple possession of marijuana charge

- can I use first offender status for marijuana?

- what will happen to my alcohol charge?

- Will I receive a felony charge?


Asked on 3/20/11, 11:40 am

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

No, since alcohol is considered a depressant under Va. Code Sec. 18.2-251 and you already have first offender status for the charge involving this substance, under Va. Code Sec. 4.1-305F, you could not qualify for first offender status with respect to a subsequent marijuana charge. (Va. Code Sec. 18.2-251).

However, if you're convicted of the marijuana charge, you will lose your

first offender status under Va. Code Sec. 4.1-305F since

you will have violated a condition of this status and the court will proceed

to adjudicate you as guilty of a Class 1 misdemeanor offense under

Va. Code Sec. 4.1-305C and sentence you, accordingly.

Simple possession of marijuana under 18.2-250 does not involve

a felony charge.

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Answered on 3/20/11, 1:09 pm
sheryl shane sheryl shane, attorney at law

There are many strategies to use in drug possession cases. Hire an attorney. For instance, look to actual versus constructive possession. Good luck. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 3/23/11, 8:43 am


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