Marijuana Possession Lawyer New Kent County, VA
Law Offices Of SRIS, P.C. represents individuals facing marijuana possession charges in New Kent County, Virginia. While Virginia law now permits adults 21 and older to possess up to one ounce of marijuana, possession above that limit remains a criminal offense. Conviction can lead to jail time, fines, and a permanent record affecting employment, housing, and professional licenses. Our firm understands the local courts and works to build a strong defense for each client. Mr. Sris, a former prosecutor, and his Of Counsel team handle cases in New Kent County General District Court and New Kent County Circuit Court. We appear for clients from New Kent, Providence Forge, Quinton, and surrounding communities. For a consultation about your marijuana possession charge, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Marijuana Possession Under Virginia Law
Virginia legalized adult possession of up to one ounce of marijuana as of July 1, 2021. Possession between one and four ounces is a civil infraction carrying a fine of up to $25. Possession exceeding four ounces remains a criminal charge, typically classified as a Class 1 misdemeanor or, in more serious circumstances, a felony. The law enforcement approach to marijuana has shifted, but prosecutors still pursue cases involving larger quantities, public consumption, or alleged distribution. New Kent County Sheriff’s deputies and Virginia State Police continue to investigate possession offenses, and charges are filed in the local courts.
In New Kent County, misdemeanor marijuana possession cases are heard in the New Kent County General District Court, located at 12001 Courthouse Circle. Felony-level charges proceed to the New Kent County Circuit Court. Judges in this jurisdiction examine the facts of each case, including the quantity of marijuana, the circumstances of the stop, and the defendant’s prior record. The Commonwealth’s Attorney prosecutes these matters. Law Offices Of SRIS, P.C. Appears regularly in New Kent County courts and is familiar with the local procedures and legal standards that affect marijuana cases.
How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases
Mr. Sris and his Of Counsel take a thorough, fact-focused approach to marijuana possession defense. We review the traffic stop or encounter that led to the charge, scrutinize the search and seizure, examine the chain of custody for any evidence, and assess whether law enforcement followed proper procedures. Any violation of a defendant’s constitutional rights can form the basis for a motion to suppress evidence or for dismissal of the charge. Our team includes a former Virginia State Trooper who understands police training, investigative methods, and the standards that officers must meet.
We explore all available resolutions. For a first offense, deferred disposition programs may be available, allowing a defendant to complete certain conditions and obtain a dismissal. We negotiate with the prosecutor to seek a reduction, amendment, or nolle prosequi where the facts and law support it. If a case proceeds to trial, our attorneys are prepared to challenge the evidence in court. Every case is different, but the goal is always to work toward a favorable outcome. Mr. Sris and his Of Counsel have handled matters in New Kent County courts and understand how the Commonwealth’s Attorney approaches these offenses.
About Mr. Sris and His Of Counsel Team
Mr. Sris is a former prosecutor and the Owner and Founder of Law Offices Of SRIS, P.C. Mr. Sris founded the firm in 1997 and maintains a hands-on role in complex criminal matters. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a multi-state perspective to each case. His Of Counsel team includes attorneys with substantial trial experience, including a former Virginia State Trooper who served 15 years in law enforcement before beginning private practice. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results, are available to clients. Results may vary.
Frequently Asked Questions
What are the penalties for marijuana possession over one ounce in Virginia?
Penalties range from civil fines to jail time depending on the quantity of marijuana possessed. Possession of one to four ounces is a civil infraction carrying a fine of up to $25. Possession of more than four ounces is a criminal charge, usually a Class 1 misdemeanor with up to 12 months in jail and a $2,500 fine. If the amount is substantial or other factors suggest intent to distribute, the charge may be a felony with more severe consequences. A conviction also creates a permanent criminal record. An attorney can evaluate the specific circumstances and advise on potential outcomes.
Can marijuana possession charges be expunged in New Kent County?
Expungement is available for charges that result in acquittal, dismissal, or nolle prosequi. Under Virginia law, a person who is acquitted or whose charge is otherwise dismissed may petition the circuit court to expunge the police and court records. A first-offense marijuana possession charge may also be resolved through a deferred disposition program that keeps the conviction off the record if conditions are met. Contact a lawyer to discuss your eligibility for expungement or deferred disposition.
How does a lawyer defend against marijuana possession charges?
Defense strategies focus on challenging the legality of the stop, search, and seizure. An attorney examines whether law enforcement had reasonable suspicion to stop a vehicle or probable cause to conduct a search. If evidence was obtained in violation of the Fourth Amendment, a motion to suppress may lead to dismissal. Other defenses include challenging the chain of custody of the marijuana, questioning the accuracy of testing, or arguing that the defendant did not knowingly possess the substance. The specific defense depends on the facts of the case.
What should I do if I am charged with marijuana possession in New Kent County?
Remain silent and request an attorney immediately. Do not discuss the facts of the case with police or others. Anything you say can be used against you. Preserve any documents or evidence that may be relevant. Then contact an experienced criminal defense attorney. An attorney can advise you on the court process, discuss potential defenses, and represent you at all stages. Prompt legal representation can make a significant difference in the outcome.
How does bail work for marijuana possession cases in New Kent County?
A magistrate sets bond shortly after arrest, and personal recognizance is common for first-offense misdemeanors. For a simple possession charge, the magistrate may release the accused on a written promise to appear without requiring any payment. If a secured bond is set, a bail bondsman typically charges a fee of around 10 percent of the bond amount. If bond is denied or set too high, a lawyer can request a bond review hearing in the General District Court. An attorney can assist with presenting evidence supporting release conditions.
Do I need a lawyer for a marijuana possession charge in New Kent County?
Yes, a marijuana possession charge carries potential jail time and a criminal record that can affect your future. Even a misdemeanor conviction can impact employment, housing, professional licenses, and security clearances. A lawyer can identify legal issues, negotiate with the prosecutor, and protect your rights throughout the process. An attorney who is familiar with New Kent County courts can provide guidance on the local procedures and the tendencies of the court. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Other Virginia Criminal Defense Locations
Henrico County Criminal Defense ·
Chesterfield County Criminal Defense ·
Richmond City Criminal Defense ·
Hanover County Criminal Defense
Virginia Primary Authority
Virginia Code Title 4.1 (Cannabis) ·
Virginia Code Title 18.2 (Crimes and Offenses) ·
Virginia Courts
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