In Virginia, 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 4,739+ documented results firm-wide. A Simple Possession lawyer Virginia can challenge the search or seek a deferred disposition.
Virginia Simple Possession Law
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Under Virginia law, simple possession means knowingly or intentionally possessing a controlled substance without a valid prescription. This includes drugs classified under Schedules I through VI. A Simple Possession lawyer Virginia from Law Offices Of SRIS, P.C. can explain how the statute applies to your specific situation. The Commonwealth must prove you knew the substance was present and that it was a controlled substance. A drug possession defense lawyer Virginia can challenge the evidence if the search was illegal.
External Citation Links
Review the official statute: Va. Code § 18.2-250 (official Virginia General Assembly). For court procedures, visit the Virginia Judicial System website.
Insider Procedural Edge
In Fairfax County General District Court, prosecutors often offer first-offender deferred disposition under Va. Code § 19.2-303.2 for simple possession. This can lead to dismissal after successful completion of terms.
- Request a copy of the police report to identify any search or seizure issues.
- File a motion to suppress if the search violated your Fourth Amendment rights.
- Request a deferred disposition under Va. Code § 19.2-303.2 if eligible.
- Complete all court-ordered conditions, including evaluation and community service.
- Attend all court hearings; failure to appear can result in a warrant.
- Upon successful completion, the charge may be dismissed and eligible for expungement.
Penalty Table for Simple Possession in Virginia
In Virginia, simple possession of a controlled substance carries up to 12 months in jail and a $2,500 fine for a first offense.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense Simple Possession | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month license suspension | Criminal record, employment barriers |
| Second Offense Simple Possession | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Up to 3-year license suspension | Mandatory minimum fine of $250 |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Our tagline is “Advocacy Without Borders.” A personal use defense lawyer Virginia from our team understands the local court system.
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
Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. In Alleghany County, our team secured a $5,000 bond for a client charged with possession of Schedule I & II substances under Va. Code § 18.2-250.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Our Fairfax location is approximately 15 miles from Fairfax County General District Court, accessible via I-66 and Route 50. We serve clients seeking a Simple Possession lawyer Virginia near Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions
Can simple possession charges be expunged in Virginia?
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 the circuit court where the charge was heard.
Do I need a Simple Possession lawyer Virginia for a first offense?
Yes. Even a first-offense simple possession charge carries up to 12 months in jail and a permanent criminal record. A lawyer can seek a deferred disposition under Va. Code § 19.2-303.2, which may lead to dismissal.
What is the difference between simple possession and possession with intent to distribute?
Simple possession under Va. Code § 18.2-250 involves personal use amounts. Possession with intent to distribute under Va. Code § 18.2-248 involves larger quantities or evidence of packaging, scales, or customer lists.
How long does a simple possession case take in Fairfax County?
It depends. A General District Court case typically resolves in 4-8 weeks from arraignment. Cases involving motions to suppress or deferred disposition agreements may take 3-6 months.
Can I get a deferred disposition for simple possession in Virginia?
Yes. Under Va. Code § 19.2-303.2, first-time offenders may qualify for deferred disposition. The court typically requires a substance abuse evaluation, community service, and no new charges. Successful completion leads to dismissal.
Will a simple possession conviction affect my driver’s license?
Yes. A conviction for simple possession under Va. Code § 18.2-250 triggers a 6-month license suspension for a first offense and up to 3 years for a second offense. A lawyer can help minimize these consequences.
Internal Links
Virginia Criminal Lawyer — Fairfax County Criminal Defense Lawyer — Fairfax City Criminal Defense Lawyer — Fairfax Reckless Driving Lawyer — Fairfax Divorce Lawyer
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.