In Clarke 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. Law Offices Of SRIS, P.C. has 29 documented case results in Clarke County. A Simple Possession lawyer Clarke County can help you explore first-offender programs and alternative sentencing options.
Virginia Simple Possession Laws in Clarke County
Last verified: April 2026 | Clarke County General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Virginia law prohibits the knowing or intentional possession of a controlled substance without a valid prescription. This includes drugs like cocaine, heroin, methamphetamine, and prescription medications not prescribed to you. The statute covers both actual possession (on your person) and constructive possession (in your control, such as in a car or home). A Simple Possession lawyer Clarke County can explain how these laws apply to your specific situation. The Commonwealth’s Attorney in Clarke County prosecutes these cases at the Clarke County General District Court located at 104 North Church Street, Berryville, VA 22611.
Official Resources
- Va. Code § 18.2-250 (Possession of controlled substances) — Official Virginia Law
- Clarke County General District Court — Official Court Website
How Simple Possession Cases Work in Clarke County
In Clarke County General District Court, simple possession cases typically begin with an arraignment where you enter a plea. The court offers first-offender programs under Va. Code § 19.2-303.2 that can lead to dismissal upon successful completion. Your drug possession defense lawyer Clarke County can negotiate with the Commonwealth’s Attorney for reduced charges or alternative sentencing.
- Arrest and bond hearing before a magistrate
- Initial appearance at Clarke County General District Court
- Discovery and evidence review with your attorney
- Negotiation with the Commonwealth’s Attorney
- Entry of plea or trial
- Sentencing or completion of diversion program
In Clarke County, simple possession of a controlled substance is a Class 1 misdemeanor carrying 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; employment barriers |
| Simple Possession (Schedule III/IV/V) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month license suspension | Permanent criminal record; housing barriers |
| Marijuana Possession (first offense) | Civil Penalty | None | $25 | None | No criminal record if paid |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Simple Possession Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has documented 4,739+ case results across Virginia, Maryland, DC, New Jersey, and New York, with a 93%+ favorable outcome rate. Our attorneys include former prosecutors who understand how the Clarke County Commonwealth’s Attorney builds possession cases. A personal use defense lawyer Clarke County from our firm can use this insider knowledge to build your strongest defense.
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 Clarke County
Law Offices Of SRIS, P.C. has 29 total documented case results across all practice areas in Clarke County, with a 72% favorable outcome rate. Our firm-wide results include 4,739+ cases with a 93%+ favorable outcome rate across Virginia, Maryland, DC, New Jersey, and New York.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Our Richmond location is accessible via Route 7, Route 340, and Route 50 near Clarke County. We serve clients in Berryville, Boyce, and throughout Clarke County.
Simple Possession lawyer near Clarke County — 24/7 phone consultations. Meetings by appointment only.
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Frequently Asked Questions About Simple Possession in Clarke County
Can a simple possession charge be dismissed in Clarke County?
Yes. First-offender programs under Va. Code § 19.2-303.2 allow dismissal upon successful completion of conditions like drug counseling. The Commonwealth’s Attorney in Clarke County may also agree to a nolle prosequi (dismissal) if evidence issues exist. A Simple Possession lawyer Clarke County can evaluate your eligibility.
What is the penalty for first-time simple possession in Clarke County?
A first-time simple possession charge is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. However, first-offender programs often avoid jail time. License suspension of 6 months also applies. Your drug possession defense lawyer Clarke County can explain all options.
Do I need a lawyer for a simple possession charge in Clarke County?
Yes. Even a first-offense simple possession charge creates a permanent criminal record visible to employers and landlords. A conviction can affect professional licenses, student loans, and housing. A personal use defense lawyer Clarke County can pursue dismissal through diversion programs or challenge the evidence.
How long does a simple possession case take in Clarke County?
A misdemeanor simple possession case in Clarke County General District Court typically resolves in 4-8 weeks from arraignment. Cases involving diversion programs may take 6-12 months to complete. Felony possession cases in Circuit Court take 3-9 months. Your Simple Possession lawyer Clarke County can provide a timeline.
Can I get my record expunged after a simple possession charge in Clarke County?
Yes, if your case is dismissed, nolle prosequi, or you are acquitted. Virginia law under Va. Code § 19.2-392.2 allows expungement for these outcomes. Convictions generally cannot be expunged. A drug possession defense lawyer Clarke County can file the expungement petition in Clarke County Circuit Court.
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Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.