Marijuana Possession Lawyer Manassas Park, VA
If you are facing a marijuana possession charge in Manassas Park, Virginia, the legal team at Law Offices Of SRIS, P.C. is available to help. Mr. Sris, Owner and Founder, and the firm’s Of Counsel attorneys have extensive experience defending marijuana-related matters. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Law Offices Of SRIS, P.C. — Fairfax Location, serving Manassas Park
Founded 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Phones answered during business hours. Se habla español.
Marijuana Possession Laws in Virginia
Virginia legalized simple possession of up to one ounce of marijuana for adults 21 and older effective July 1, 2021 (Va. Code § 4.1-1100 et seq.). However, possession of larger amounts remains subject to penalties. Possession of more than one ounce but not more than four ounces is a civil violation carrying a fine of up to $25. Possession of more than four ounces is a criminal offense, and conviction can result in a jail sentence, a fine, and a permanent criminal record.
Public consumption of marijuana remains illegal, and driving under the influence of marijuana is prosecuted as a DUI. A person facing a marijuana possession charge in the Manassas Park area may be eligible for a first-offender program under Va. Code § 18.2-251. This program allows the court, with the defendant’s consent, to defer proceedings and place the defendant on probation. If the defendant successfully completes the probation terms—which can include substance-abuse education and community service—the charge is dismissed. After a dismissal, the record may be expunged under Va. Code § 19.2-392.2.
How Marijuana Possession Cases Are Handled in Manassas Park
Marijuana possession charges in Manassas Park are typically filed in the Manassas Park General District Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. This court handles misdemeanor trials and felony preliminary hearings. If the charge is a felony (possession of more than four ounces, or a second offense), the case moves to the Manassas Park Circuit Court after a preliminary hearing. The Commonwealth’s Attorney for Manassas Park prosecutes the case.
Under Virginia Supreme Court Rule 3A:8, plea bargaining is permitted. The prosecutor and defense counsel may negotiate a plea agreement that the court can accept or reject. An experienced marijuana possession lawyer can evaluate whether the evidence—such as the legality of the stop or the search—may support a motion to suppress. When appropriate, the attorney may negotiate for a reduction of charges or entrance into the first-offender program.
How the Firm’s Of Counsel Attorneys Approach Marijuana Possession Defense
Mr. Sris, a former prosecutor, brings insight into how the Commonwealth’s Attorney evaluates evidence. The firm’s Of Counsel attorneys include a former Virginia State Trooper who understands police procedures and investigative techniques from the enforcement side. Together, they examine each case for procedural errors, evaluate the viability of a motion to suppress, and work toward a resolution that protects the client’s record and liberty.
While every case is different, the firm’s attorneys have handled numerous marijuana-related matters. In many of those instances, the charges were dismissed after successful completion of a deferred-disposition program. Results may vary.
Frequently Asked Questions
What are the penalties for marijuana possession in Virginia?
Possession of more than four ounces of marijuana is a criminal offense punishable as a Class 5 felony, which carries a potential sentence of one to ten years in prison, though the jury or court may impose up to twelve months in jail and a fine. Possession of between one and four ounces is a civil violation with a fine of up to $25. Possession of one ounce or less by an adult 21 or older is legal. Public consumption and driving under the influence of marijuana remain prohibited.
Is marijuana possession a misdemeanor or a felony in Virginia?
Simple possession of marijuana in an amount between one ounce and four ounces is a civil infraction, not a crime. Possession of more than four ounces, or a second or subsequent offense, can be charged as a felony. The exact classification depends on the amount and the defendant’s prior record.
Can I expunge a marijuana possession charge in Virginia?
Yes, a marijuana possession charge that was dismissed, nolle prossed, or resulted in an acquittal may be expunged under Va. Code § 19.2-392.2. A conviction, however, generally cannot be expunged. An attorney can file a petition for expungement in the circuit court of the jurisdiction where the charge was brought.
What should I do if I am charged with marijuana possession in Manassas Park?
Contact an attorney immediately and refrain from discussing the facts of the case with anyone other than your lawyer. Preserve all documents and evidence related to the arrest. An attorney can explain the charges, outline possible defenses, and advise whether the first-offender program is available in your situation.
Do I need a lawyer for a marijuana possession charge in Manassas Park?
You are not required to have a lawyer, but experienced legal representation can help protect your rights and minimize the consequences. Even a civil infraction can cause collateral harm, and a criminal conviction can lead to jail time, fines, and a permanent record that affects employment, housing, and education. The firm’s attorneys can appear with you at the Manassas Park General District Court and negotiate on your behalf.
What is Virginia’s first-offender program for drug possession?
Under Va. Code § 18.2-251, a first-time offender charged with simple possession of a controlled substance—including marijuana in quantities that are still criminal—may be eligible for a deferred disposition. The court places the defendant on probation with conditions such as drug education, community service, and drug testing. Upon successful completion, the court dismisses the charge. This dismissal then allows for expungement of the record.
How does the court process work for a marijuana possession charge in Manassas Park?
The case begins with an arraignment at the Manassas Park General District Court, where the defendant is informed of the charges and enters a plea. If a plea agreement is not reached, the court schedules a trial. At trial, the Commonwealth must prove guilt beyond a reasonable doubt. A conviction can be appealed to the Circuit Court for a new trial. The timeline varies by case complexity and the court’s calendar.
Can the police search my car or home for marijuana without a warrant?
Generally, the police need a warrant to search your home, but they may search your car without a warrant if they have probable cause to believe it contains evidence of a crime. An experienced attorney can challenge the legality of a search by filing a motion to suppress. If the search was unconstitutional, the evidence may be excluded, and the prosecution may be unable to proceed.
What is the difference between the General District Court and the Circuit Court?
The Manassas Park General District Court handles misdemeanor trials and preliminary hearings for felonies, while the Manassas Park Circuit Court handles felony trials and appeals from the General District Court. A person charged with a criminal offense that carries potential jail time has an absolute right to a jury trial in the Circuit Court.
Will a marijuana possession conviction affect my right to own a firearm?
A simple marijuana possession conviction does not automatically trigger a federal firearm disability, but a conviction for a felony-level possession offense can result in the loss of firearm rights under federal and state law. An attorney can explain the long-term collateral consequences of a conviction and work to achieve an outcome that preserves your rights.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys bring decades of combined courtroom experience. They include professionals with backgrounds in law enforcement and prosecution, giving the team a comprehensive understanding of criminal procedure and negotiation. Client matters are handled collectively, drawing on the unique strengths of each attorney. Prior results do not guarantee a similar outcome; Results may vary.
Marijuana Possession Defense in Neighboring Localities
- Criminal Defense in Prince William County
- Criminal Defense in Manassas
- Virginia Criminal Defense Overview
If you need legal advice about a marijuana possession charge, call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. serves clients in Manassas Park and throughout northern Virginia from its Fairfax Location.
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.