In Fauquier 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 1 documented result in Fauquier County. A Simple Possession lawyer Fauquier County can help you explore first-offender options.
Understanding Simple Possession in Fauquier County
Simple possession under Va. Code § 18.2-250 prohibits knowingly possessing a controlled substance without a valid prescription. This includes Schedule I or II drugs such as cocaine, heroin, or methamphetamine, as well as Schedule III-V drugs. Unlike possession with intent to distribute, simple possession involves no evidence of sale or distribution. The Commonwealth must prove you knowingly had the substance in your control. A drug possession defense lawyer Fauquier County can evaluate whether the evidence meets this standard.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Official Resources
- Va. Code § 18.2-250 — Possession of controlled substances (Virginia General Assembly)
- Fauquier County General District Court — Official Website
Insider Procedural Edge: What to Expect in Fauquier County
Fauquier County General District Court handles all misdemeanor possession cases. The Commonwealth’s Attorney for Fauquier County prosecutes these charges. First-offender programs under Va. Code § 19.2-303.2 may allow dismissal upon successful completion of conditions.
- Arrest and initial appearance before the magistrate at Fauquier County Adult Detention Center.
- Bond hearing — personal recognizance possible for first-offense misdemeanors.
- Arraignment at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186).
- Discovery phase — review police reports, lab results, and body camera footage.
- Pre-trial motions — suppression hearing if search was unlawful.
- Trial or plea — first-offender program available under § 19.2-303.2.
In Fauquier County, simple possession of a controlled substance under Va. Code § 18.2-250 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 (if drug-related driving) | Criminal record; employment barriers; federal aid ineligibility |
| Simple Possession (Schedule III-V) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month license suspension (if drug-related driving) | Criminal record; employment barriers |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has handled 4,739+ cases with a 93%+ favorable outcome rate firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Our attorneys include former prosecutors who understand how the Fauquier County Commonwealth’s Attorney builds possession cases. A personal use defense lawyer Fauquier County from our team can evaluate your case for first-offender eligibility.
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
Case Results in Fauquier County
Law Offices Of SRIS, P.C. has 1 documented result in Fauquier County: 1 reduced/amended (100% favorable outcome rate). Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ cases with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fauquier County Location
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186), accessible via I-66, Route 29, and Route 17. We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Looking for a Simple Possession lawyer Fauquier County near you? We are near the Fauquier County Courthouse in historic Warrenton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Simple Possession in Fauquier County
Can a simple possession charge be dismissed in Fauquier County?
Yes. Under Va. Code § 19.2-303.2, first-offender programs allow dismissal upon successful completion of conditions such as drug counseling and community service. Eligibility depends on no prior record and the substance type.
What is the penalty for simple possession in Fauquier County?
A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine. Cases are heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186).
Do I need a Simple Possession lawyer Fauquier County?
Yes. Even a first-offense possession charge creates a permanent criminal record visible to employers and landlords. A lawyer can negotiate first-offender programs or challenge unlawful searches.
How does bail work for possession charges in Fauquier County?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. Secured bond (bail bondsman charges ~10%) is typical for repeat offenses or felonies.
Can a possession charge be expunged in Fauquier County?
Yes. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court.
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Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.