In Stafford County, simple possession of a controlled substance under Va. Code § 18.2-250 is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 18 documented results in Stafford County. A Simple Possession lawyer Stafford County can challenge the search or seek a first-offender program.
Last verified: April 2026 | Stafford County General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Under Virginia law, simple possession means knowingly or intentionally possessing a controlled substance without a valid prescription. The statute covers Schedule I through V drugs, including marijuana (up to one ounce), cocaine, heroin, and prescription medications. A Simple Possession lawyer Stafford County from Law Offices Of SRIS, P.C. can explain how this law applies to your specific situation. The Commonwealth must prove you knew the substance was present and that it was a controlled substance. Possession can be actual (on your person) or constructive (in an area you control).
For more information, review the Virginia Code § 18.2-250 (official Virginia General Assembly) and the Stafford County General District Court website.
In Stafford County General District Court, prosecutors routinely offer first-offender programs under Va. Code § 19.2-303.2 for qualifying defendants. Successful completion leads to dismissal of the charge. Your Simple Possession lawyer Stafford County can negotiate this option before trial.
- Step 1: Contact a Simple Possession lawyer Stafford County immediately after arrest.
- Step 2: Gather any prescription bottles or medical records showing lawful possession.
- Step 3: Complete a substance abuse evaluation before your first court date.
- Step 4: Appear at Stafford County General District Court, 1300 Courthouse Road, Stafford, VA 22554.
- Step 5: Your lawyer negotiates with the prosecutor for a first-offender program or dismissal.
- Step 6: If no agreement, your lawyer prepares for trial or suppression hearing.
In Stafford County, simple possession of a controlled substance carries up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Schedule I/II) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month license suspension | Permanent criminal record; possible probation |
| Simple Possession (Marijuana under 1 oz) | Civil Penalty | None | $25 | None | No criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. The firm’s drug possession defense lawyer Stafford County team includes former prosecutors who understand how the Commonwealth builds its cases.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
In Stafford County, Law Offices Of SRIS, P.C. has 18 documented results: 17 dismissed/not guilty, 1 reduced/amended (100% favorable outcome rate).
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is accessible from Stafford County via I-95, Route 1, and Route 17. We serve Stafford, Aquia Harbour, and Brooke.
Looking for a Simple Possession lawyer near Stafford County? We are near Quantico Marine Corps Base and Widewater State Park.
Neighborhoods served: Stafford, Aquia Harbour, Brooke.
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What is the penalty for simple possession in Stafford County, Virginia?
Yes. Simple possession of a Schedule I or II drug is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. Marijuana under one ounce is a civil penalty of $25 with no jail time.
Can simple possession charges be expunged in Stafford County?
Yes. Under Va. Code § 19.2-392.2, you can expunge charges that result in acquittal, dismissal, or nolle prosequi. First-offender program completions also qualify for expungement.
Do I need a Simple Possession lawyer Stafford County for a first offense?
Yes. Even a first-offense simple possession charge creates a permanent criminal record visible to employers and landlords. A lawyer can seek a first-offender program under Va. Code § 19.2-303.2 to get the charge dismissed.
How does a Simple Possession lawyer Stafford County challenge a search?
Your lawyer files a motion to suppress evidence if the police lacked probable cause or a valid warrant. If the court grants the motion, the prosecutor may dismiss the charge for lack of evidence.
What is the difference between simple possession and possession with intent to distribute?
Simple possession is personal use. Possession with intent to distribute (PWID) requires evidence of intent to sell, such as large quantities, packaging materials, or scales. PWID is a felony with much higher penalties.
How long does a simple possession case take in Stafford County?
It depends. A General District Court misdemeanor trial typically occurs 4-8 weeks from arraignment. First-offender programs may take 6-12 months to complete before dismissal.
Last verified: April 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.