In Botetourt 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 33 documented case results across all practice areas. A Simple Possession lawyer Botetourt County can help you evaluate first-offender programs and defense strategies.
Understanding Simple Possession in Botetourt County
Under Va. Code § 18.2-250, it is unlawful for any person to knowingly or intentionally possess a controlled substance (Schedule I, II, III, IV, or V) without a valid prescription. Simple possession means the substance is for personal use, not for distribution. A conviction results in a permanent criminal record. A Simple Possession lawyer Botetourt County can explain how this statute applies to your specific situation.
Last verified: April 2026 | Botetourt 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)
- Botetourt County General District Court — Official Court Website
Insider Procedural Edge for Botetourt County
Botetourt County General District Court handles all misdemeanor possession trials. The Commonwealth’s Attorney for Botetourt County prosecutes these cases. First-offender programs under Va. Code § 19.2-303.2 may allow dismissal upon successful completion of terms.
- Step 1: Contact a Simple Possession lawyer Botetourt County immediately after arrest or citation.
- Step 2: Your attorney will request discovery from the Commonwealth’s Attorney to review the evidence.
- Step 3: Evaluate eligibility for first-offender diversion under Va. Code § 19.2-303.2.
- Step 4: If diversion is not available, your attorney will negotiate a plea or prepare for trial.
- Step 5: Attend all court hearings at Botetourt County General District Court, 20 E. Back Street, Suite A, Fincastle, VA 24090.
In Botetourt County, simple possession of a controlled substance carries a maximum penalty of 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 | Possible 6-month license suspension | Permanent criminal record; possible drug education program |
| Simple Possession (Schedule III/IV/V) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month license suspension | Permanent criminal record; possible drug education program |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Botetourt 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 documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. Our attorneys include former prosecutors and law enforcement professionals who understand how the Botetourt County court system operates.
Case Results in Botetourt County
Law Offices Of SRIS, P.C. has 33 total documented case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Botetourt County Location
Our Shenandoah/Woodstock location serves clients at Botetourt County courts (20 E. Back Street, Fincastle, VA 24090). We are accessible via I-81, I-64, Route 11, and Route 220.
Looking for a drug possession defense lawyer Botetourt County or a personal use defense lawyer Botetourt County? We serve Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
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Frequently Asked Questions About Simple Possession in Botetourt County
What is the penalty for simple possession in Botetourt County, Virginia?
Yes. Simple possession of a controlled substance is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine under Va. Code § 18.2-250.
Can simple possession charges be expunged in Botetourt County?
Yes. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged.
Is there a first-offender program for simple possession in Botetourt County?
Yes. Under Va. Code § 19.2-303.2, first-offender programs may allow dismissal upon successful completion of terms such as drug education or community service.
Do I need a Simple Possession lawyer Botetourt County for a first offense?
Yes. Even a first-offense simple possession charge creates a permanent criminal record. A lawyer can help you pursue first-offender diversion to avoid conviction.
How long does a simple possession case take in Botetourt County?
It depends. Misdemeanor trials in Botetourt County General District Court typically resolve within 4-8 weeks from arraignment, depending on court calendar and case complexity.
Last verified: 2026-04. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.