Legal Question in Criminal Law in Virginia

Marijuana distribution

My 19 freshman college son has been charged with a class 5 felony charges: possession with intent to distribute marijuana (2.2 ounces 18.2-248.1); and (unsure of class?-being within 1000 feet of a school -his FORMER university). It's his first offense, clean record. He's admitted his guilt to the authorities and they have all the proof they need to convict ( baggies, scales). If he is convicted what is the most likely case scenerio? Also, is there anything, other than prayer, that he can do to help his case? He just completed an intensive drug treatment program. His lawyer says he is ''cautiously optimistic'' of his outcome. Might the first time offender status apply?


Asked on 4/24/04, 11:28 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Marijuana distribution

Of course your son's status as a first time offender "should apply", along with his efforts at rehabilitation, and any other applicable mitigating factors.

Your son's attorney should be making every reasonable effort to secure for his client what's called an SIS(suspended imposition of sentence) disposition of this charge, which may be available(with the proper advocacy) even to those charged with felonies.

The SIS disposition allows the first time offender to escape his legal predicament without any record of conviction, if the defendant meets all the conditions of his prescribed probationary period.

Needless to say, this is the most desired and sought after dispostion (except for outright acquittal after trial, or nolle prosequi) for any criminal charge brought against a defendant in the Commonwealth of Virginia.

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Answered on 4/24/04, 11:49 pm


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