In Lexington, simple possession of a controlled substance under Va. Code § 18.2-250 carries up to 12 months in jail and a $2,500 fine. A Simple Possession lawyer Lexington from Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington. Your defense starts with understanding the law.
Virginia Simple Possession Laws in Lexington
Last verified: April 2026 | Lexington General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Virginia law makes it unlawful to knowingly or intentionally possess a controlled substance without a valid prescription. This includes drugs like cocaine, heroin, methamphetamine, and prescription medications not prescribed to you. The statute covers actual possession (on your person) and constructive possession (in your control, such as in your car or home). A drug possession defense lawyer Lexington can help you understand how these laws apply to your specific situation. The Commonwealth’s Attorney for Lexington prosecutes these cases at the Lexington General District Court located at 2 South Main Street.
Official Legal References
- Va. Code § 18.2-250 (Possession of controlled substances) — Official Virginia General Assembly
- Lexington General District Court — Official Court Website
Insider Procedural Edge for Lexington Simple Possession Cases
- Contact a Simple Possession lawyer Lexington immediately after arrest — do not speak to police without counsel.
- Gather all documentation: the search warrant, arrest report, and any prescription bottles or medical records.
- Attend your arraignment at Lexington General District Court (2 South Main Street) — your attorney can appear for you in many cases.
- Request discovery from the Commonwealth’s Attorney to review the evidence against you.
- File a motion to suppress if the search was illegal — this can get the evidence thrown out entirely.
- Negotiate a first-offender deferred disposition or a reduction to a lesser charge like possession of paraphernalia.
In Lexington, 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 (Va. Code § 46.2-391.2) | Criminal record, employment barriers, student loan ineligibility |
| Simple Possession (Marijuana — first offense) | Civil Penalty | None | $25 | None | No criminal record if paid within 30 days |
| Possession of Paraphernalia | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Lexington Simple Possession Case
Kristen Fisher — Former Maryland Assistant State’s Attorney. Bar admissions: Maryland, Virginia. Joined firm 2010. 18+ years of criminal defense experience. Former prosecutor who understands how the Commonwealth builds its cases.
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
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Firm-wide, we have achieved 4,739+ documented case results with a 93%+ favorable outcome rate. Our team includes former prosecutors who know the strategies the Commonwealth’s Attorney uses in Lexington. A personal use defense lawyer Lexington from our firm will examine every detail of your arrest — from the traffic stop to the search — to build the strongest possible defense. Our tagline is “Advocacy Without Borders.”
Case Results in Lexington and Throughout Virginia
In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ case results with a 93%+ favorable outcome rate. Our attorneys have secured bond reductions, dismissals, and reductions in drug possession cases throughout Virginia.
Results may vary. Prior results do not guarantee a similar outcome.
Our Lexington Location and Service Area
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location is approximately 90 minutes from Lexington, accessible via I-81 and I-64. We serve clients throughout Lexington, including the Virginia Military Institute and Washington and Lee University communities. If you are searching for a “Simple Possession lawyer Lexington near me,” our team is ready to help. We serve all neighborhoods in Lexington and the surrounding Rockbridge County area.
Frequently Asked Questions About Simple Possession in Lexington
Can I get a first-offender program for simple possession in Lexington?
Yes. Under Va. Code § 19.2-303.2, Lexington General District Court offers first-offender deferred disposition for simple possession. Successful completion of probation and drug education results in dismissal of the charge. You must have no prior drug convictions to qualify.
What is the difference between simple possession and possession with intent to distribute?
Simple possession under Va. Code § 18.2-250 is a Class 1 misdemeanor. Possession with intent to distribute under Va. Code § 18.2-248 is a felony carrying 5-40 years. The key difference is evidence of intent to sell — such as large quantities, packaging materials, or scales.
Will a simple possession conviction affect my job in Lexington?
Yes. A Class 1 misdemeanor conviction creates a permanent criminal record visible to employers. Many employers in Lexington, including Virginia Military Institute and Washington and Lee University, conduct background checks. A conviction can also affect professional licenses and student financial aid.
How long does a simple possession case take in Lexington General District Court?
Typically 4-8 weeks from arraignment to trial. If you accept a first-offender program, the case may remain open for 6-12 months while you complete probation. Felony charges bound over to Circuit Court take 3-9 months for trial.
Can I get my record expunged after a simple possession charge in Lexington?
Yes, if your case ends in dismissal, acquittal, or nolle prosequi. Under Va. Code § 19.2-392.2, you can file a petition in Lexington Circuit Court. Convictions generally cannot be expunged in Virginia. A Simple Possession lawyer Lexington can guide you through the expungement process.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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