Simple Possession Lawyer Fairfax — What Are Your Defense Options?
In Fairfax County, simple marijuana possession under Va. Code § 18.2-250.1 is a misdemeanor carrying up to 30 days in jail and a $500 fine. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County courts. A Simple Possession lawyer Fairfax can challenge the search or seek a first-offender diversion program.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 18.2-250.1 (official Virginia General Assembly)
Virginia law defines simple possession as knowingly or intentionally possessing a controlled substance without a valid prescription. Under Va. Code § 18.2-250.1, marijuana possession is a Class 1 misdemeanor for a first offense, with enhanced penalties for subsequent offenses. A Simple Possession lawyer Fairfax understands that the Commonwealth must prove you knowingly possessed the substance — lack of knowledge is a complete defense.
For the full statutory language, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures are governed by Fairfax County General District Court rules.
Fairfax County General District Court handles all misdemeanor possession trials. The Commonwealth’s Attorney prosecutes these cases aggressively, but first-offender programs under Va. Code § 19.2-303.2 can lead to dismissal upon successful completion.
- Arraignment: Appear before the judge to enter a plea. Your Simple Possession lawyer Fairfax can enter a not guilty plea to preserve all defenses.
- Discovery: The prosecution must share evidence — police reports, lab results, and body camera footage.
- Motion practice: File motions to suppress evidence if the search violated your Fourth Amendment rights.
- Plea negotiations: Discuss diversion programs or reduced charges with the prosecutor.
- Trial or diversion: If no agreement, proceed to bench trial or accept the first-offender program.
- Disposition: Successful completion of diversion results in dismissal and potential expungement under § 19.2-392.2.
In Fairfax County, simple marijuana possession under Va. Code § 18.2-250.1 carries up to 30 days in jail and a $500 fine for a first offense.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First offense simple possession | Class 1 misdemeanor | Up to 30 days | Up to $500 | None | Possible first-offender diversion; permanent criminal record if convicted |
| Second offense simple possession | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | None | No diversion eligibility; mandatory minimum fine |
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, demonstrating deep legislative knowledge. The firm’s drug possession defense lawyer Fairfax team includes former prosecutors who understand how the Commonwealth builds possession 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
Mr. Sris, founder and managing attorney, provides secondary oversight on all Fairfax County cases. His former prosecutor background and 28+ years of practice inform the firm’s strategic approach to personal use defense lawyer Fairfax cases.
In Fairfax County, Law Offices Of SRIS, P.C. has 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, and 5 other favorable outcomes — a 97% favorable outcome rate. Specific possession results include a nolle prosequi in Fairfax Circuit Court for possession of marijuana under § 18.2-250.1, and a dismissal in Fairfax County GDC for the same charge.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is minutes from Fairfax County General District Court (4110 Chain Bridge Road), accessible via I-66 and the Fairfax County Parkway.
Looking for a Simple Possession lawyer Fairfax near you? We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
By appointment only.
What is the penalty for simple possession in Fairfax County?
Yes. A first offense carries up to 30 days in jail and a $500 fine under Va. Code § 18.2-250.1. A second offense carries up to 12 months and a $2,500 fine.
Can simple possession charges be dismissed in Fairfax County?
Yes. First-offender diversion under Va. Code § 19.2-303.2 allows dismissal upon successful completion of terms. A Simple Possession lawyer Fairfax can negotiate this option.
How does bail work for a possession charge in Fairfax County?
A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors. Secured bond is typical for repeat offenses or failure to appear.
Do I need a lawyer for simple possession in Fairfax County?
Yes. Even a first offense creates a permanent criminal record visible to employers. A Simple Possession lawyer Fairfax can pursue diversion or challenge the search that led to discovery.
What is the difference between GDC and Circuit Court for possession?
Fairfax County General District Court handles misdemeanor trials. Circuit Court handles appeals from GDC and felony possession cases. You have a right to a jury trial in Circuit Court.
Virginia Criminal Defense Lawyer
Fairfax City Criminal Defense Lawyer | Falls Church Criminal Defense Lawyer
DUI Lawyer Fairfax | Reckless Driving Lawyer Fairfax
Kristen Fisher Attorney Profile | Fairfax Office Location
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.