Marijuana Possession Lawyer Fauquier County, VA
You were at a friend’s house in Warrenton when deputies arrived. A small amount of marijuana was discovered, and now you are facing a possession charge at the Fauquier County General District Court on Court Street. A criminal record can affect employment, housing, and education. Mr. Sris and his Of Counsel team understand how a marijuana charge disrupts your life, and they work to protect your future. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases in Fauquier County
When you are charged with marijuana possession in Fauquier County, the legal landscape requires careful navigation. Virginia legalized adult possession of up to one ounce of marijuana in 2021 under Va. Code § 4.1-1100, yet possession of larger amounts, public consumption, or possession by individuals under 21 can still lead to criminal charges. Mr. Sris and his Of Counsel begin by examining every detail: the lawfulness of the stop, the handling of evidence, and the weight of the substance. From the Fauquier County General District Court at 6 Court Street in Warrenton to the Fauquier County Circuit Court for felony-level matters, they challenge procedural missteps and work toward a resolution that minimizes the impact on your record.
Many marijuana possession charges in Fauquier County are eligible for a first-offender deferred disposition under Va. Code § 18.2-251. By obtaining the consent of the Commonwealth’s Attorney and meeting court-ordered conditions—typically substance-abuse screening, treatment, and community service—completion results in a dismissal. This path avoids a conviction. Mr. Sris and his Of Counsel present your eligibility persuasively, focusing on your background and the circumstances of the case. Their experience before the 20th Judicial District courts allows them to frame requests effectively, advocating for outcomes that protect your liberty and future.
What to Expect in a Fauquier County Marijuana Possession Case
After an arrest or summons, your first court date is typically scheduled at the Fauquier County General District Court. At the arraignment, you will be informed of the charge and must decide whether to retain counsel. Mr. Sris and his Of Counsel appear with you, enter a not-guilty plea, and begin discovery. Since Virginia’s rules of criminal procedure allow the Commonwealth and defense to negotiate a plea agreement under Supreme Court Rule 3A:8, your attorney may discuss options like an amendment to a lesser offense, a deferred disposition, or, in some instances, a challenge to evidence that could lead to dismissal. Fauquier County General District Court handles misdemeanors; if the charge is a felony—for instance, possession of more than four ounces—the matter moves to Fauquier County Circuit Court after a preliminary hearing.
Throughout the process, Mr. Sris and his Of Counsel keep you informed. They advise on whether to accept an offered resolution or proceed to trial. In the Circuit Court, you have an absolute right to a jury trial. For many first-offense misdemeanors, however, the case is resolved in the General District Court where a judge hears the evidence. The procedural timeline varies by case complexity and court scheduling. The goal is always a resolution that minimizes the long-term consequences.
Penalties for Marijuana Possession in Virginia
Virginia law divides marijuana possession offenses based on quantity and age. Under Va. Code § 4.1-1100, possession of up to one ounce by an adult 21 or older is legal, but public possession carries a civil penalty of up to $25. Possession of more than one ounce but not more than four ounces is a Class 3 or 4 misdemeanor, while possession of over four ounces is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. For individuals under 21, any possession is a Class 1 misdemeanor. A conviction also results in a six-month driver’s license suspension.
For felony charges—possession with intent to distribute or subsequent offenses—penalties increase significantly. A Class 5 felony carries 1 to 10 years of imprisonment (or up to 12 months plus a fine at a jury’s discretion). A conviction leaves a permanent criminal record, which can affect employment and housing. An experienced defense attorney works to avoid a conviction through diversion programs, charge reductions, or acquittal. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. As a former prosecutor, he understands how the Commonwealth builds a case and uses that insight to identify weaknesses in the evidence. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. They appear regularly in Fauquier County courts, and their familiarity with local procedures and the prosecutors’ office informs their strategy.
Under Va. Code § 18.2-251, a first-offense marijuana possession charge may be deferred and dismissed upon successful completion of probation and treatment.
Source: Va. Code § 18.2-251. Virginia Code online
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia legalized adult possession of up to one ounce of marijuana under Va. Code § 4.1-1100, effective July 1, 2021.
Source: Va. Code § 4.1-1100. Virginia Code online
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
Is marijuana possession still a crime in Virginia?
Yes, marijuana possession remains a crime in certain circumstances, including amounts over one ounce, public possession, or possession by someone under 21. While adults 21 and older may legally possess up to one ounce of marijuana in private, possession of larger quantities, public consumption, or underage possession can lead to criminal charges under Va. Code § 4.1-1100 and other statutes. Penalties range from civil fines to Class 1 misdemeanors carrying jail time. Each case is fact-specific, and the law continues to evolve.
Can I get a first-offense marijuana charge dismissed in Fauquier County?
Yes, many first-offense marijuana possession charges are eligible for deferred disposition under Va. Code § 18.2-251. With the Commonwealth’s consent, the court can place you on probation with conditions like substance-abuse screening and community service. Successful completion results in a dismissal and avoids a conviction on your record. Contact Mr. Sris and his Of Counsel at (888) 437-7747 to determine eligibility.
What should I do if I was arrested for marijuana possession in Fauquier County?
Immediately ask to speak with an attorney and do not discuss the facts of the case with anyone except your lawyer. Preserve any evidence that may be helpful, such as witness names or text messages. Mr. Sris and his Of Counsel can appear with you at your first court date at the Fauquier County General District Court and advise you on the trusted course of action. Early intervention often improves the outcome.
How does expungement work for marijuana charges in Virginia?
Virginia permits expungement for acquittals, dismissals, or nolle prosequi, but most convictions cannot be expunged. If your case is dismissed through deferred disposition, you may be eligible to have the record expunged. The petition is filed in the Fauquier County Circuit Court. A clean record helps with employment and housing. For more information, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Results may vary.
Why should I hire a lawyer for a minor marijuana charge?
Even a misdemeanor marijuana conviction creates a permanent criminal record that can disqualify you from jobs, professional licenses, and federal student aid. A conviction also carries possible jail time, fines, and driver’s license suspension. An experienced attorney identifies procedural flaws, negotiates for a reduced charge or diversion, and protects your future. The cost of not hiring a lawyer often outweighs the fee.
For a full statutory breakdown of Virginia marijuana laws, see our comprehensive analysis on srislawyer.com.
Official Virginia legal resources: Virginia Cannabis Control Act (Title 4.1) · Virginia Crimes and Offenses (Title 18.2) · Fauquier County General District Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.