Marijuana Possession Lawyer Henrico, VA
Virginia marijuana law changed significantly in 2021, but criminal charges for possession still occur. In Henrico County, a person charged with possessing more than one ounce of marijuana, or possessing marijuana in public, may face penalties ranging from civil fines to criminal misdemeanor or felony charges. Law Offices Of SRIS, P.C. represents individuals facing marijuana possession allegations before the Henrico County General District Court, the Henrico County Circuit Court, and other courts in the Fourteenth Judicial District. Mr. Sris and his Of Counsel bring extensive combined legal experience to marijuana possession defense, including familiarity with local court procedures, the Commonwealth’s Attorney’s Office, and the deferred disposition programs that can lead to a dismissal. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Marijuana Possession Means in Henrico
A marijuana possession charge in Henrico County is prosecuted under Va. Code § 4.1-1100 et seq. And other applicable sections of the Virginia Code. Adults aged 21 and older may lawfully possess up to one ounce of cannabis in private, but possession over one ounce remains subject to enforcement. Possession of more than one ounce but not more than four ounces is a civil violation with a fine; possession of more than four ounces is a criminal offense, typically a Class 1 misdemeanor unless the facts warrant a felony charge. Public consumption of marijuana is also prohibited and can lead to a separate charge. A conviction can carry jail time, fines, and a lasting criminal record. Because Virginia law distinguishes between civil and criminal violations based on weight, the factual specifics of a case—such as the amount seized and where the alleged possession occurred—directly affect the potential consequences and defense strategy.
The Henrico County General District Court, located at 4301 East Parham Road, Henrico, VA 23228, hears misdemeanor marijuana possession cases and preliminary matters for felony charges. Felony marijuana cases proceed in the Henrico County Circuit Court. The Commonwealth’s Attorney for Henrico County prosecutes these offenses. Defendants may be eligible for a deferred disposition under Va. Code § 18.2-251, which allows a first-time drug possession charge to be placed under advisement while the accused completes probation conditions. If the conditions are successfully completed, the charge is dismissed. After a dismissal or acquittal, a petition to expunge the record may be filed under Va. Code § 19.2-392.2. Local practice in Henrico calls for a timely evaluation of the evidence, the weight measurement, and the lawfulness of any search or seizure—each of which can be pivotal in building a defense.
How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases
When a client contacts Law Offices Of SRIS, P.C. about a marijuana possession matter in Henrico County, the first step is a thorough review of the charging documents, police reports, and the circumstances surrounding the encounter with law enforcement. The firm’s approach focuses on the specifics: whether the weight of the substance was properly measured, whether any search was lawful, and whether procedural requirements were followed. Virginia courts allow plea agreements under Virginia Supreme Court Rule 3A:8, and negotiation with the Commonwealth’s Attorney may lead to a reduced charge, a nolle prosequi, or entry into a deferred disposition program.
For first-offense possession of a controlled substance, including marijuana, Va. Code § 18.2-251 authorizes the court to defer proceedings and place the defendant on probation with conditions that may include substance-abuse screening, community service, and remaining drug-free. Upon successful completion, the charge is dismissed. Mr. Sris and his Of Counsel work to position clients for that result wherever the facts support it. If a case cannot be resolved short of trial, the firm is prepared to challenge the prosecution’s evidence, cross-examine witnesses, and argue for dismissal or acquittal before the Henrico County General District Court or, on appeal, the Circuit Court. Throughout the process, the defense team evaluates every avenue—from suppression motions to factual defenses—and advises clients on the likely outcomes given the local court’s practices.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since founding the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring additional experience in criminal defense and local court procedure, partnering with Mr. Sris to evaluate every marijuana possession case thoroughly. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.
Frequently Asked Questions
How does a Virginia lawyer defend against marijuana possession charges in Henrico?
A defense lawyer examines the weight of the marijuana, the legality of the search, and whether the defendant qualifies for a first-offender deferred disposition. In Henrico, the Commonwealth’s Attorney must prove possession and, in criminal cases, establish that the amount exceeded four ounces. A defense may challenge the chain of custody, raise an illegal search and seizure motion, or seek reduction through negotiation. For eligible first offenses, Va. Code § 18.2-251 provides a path to dismissal after probation. Each case turns on its specific facts, and an experienced attorney evaluates each angle carefully.
What should I do if I am facing marijuana possession charges in Henrico County?
Contact a criminal defense attorney immediately and avoid speaking with law enforcement or anyone else about the case until you have legal advice. Do not post about the situation on social media. Gather any documentation you have—such as bond papers or a summons—and bring them to your consultation. The deadlines and procedural requirements in Virginia state courts move quickly, so early involvement of counsel can protect your rights and allow time to build a thorough defense.
Can a marijuana charge be expunged in Henrico if the case is dismissed?
Yes, a marijuana possession charge that ends in a dismissal, nolle prosequi, or acquittal may be expunged through a petition filed in the Henrico County Circuit Court. Va. Code § 19.2-392.2 allows for the expungement of police and court records for non-conviction dispositions. The process requires a formal petition and a hearing before a judge. An attorney can prepare and file the petition, present the necessary evidence, and argue why the record should be sealed. Once granted, the record is removed from public view and may not be disclosed.
What is the penalty for possessing more than four ounces of marijuana in Henrico?
Possession of more than four ounces of marijuana is a criminal offense, typically a Class 1 misdemeanor with a maximum of 12 months in jail and a fine. If the amount is very large or if there is evidence of intent to distribute, the charge could be elevated to a felony. A conviction results in a permanent criminal record. The penalty range can be influenced by prior criminal history and the specific facts. An attorney can evaluate whether the charge is appropriate and whether alternatives such as a first-offender deferred disposition may apply under Va. Code § 18.2-251.
Do I need a lawyer to handle a simple marijuana charge in Henrico?
You are not legally required to have a lawyer, but retaining an experienced defense attorney increases your ability to protect your rights and work toward a favorable outcome. Arraignment, plea negotiations, and evidentiary hearings involve complex procedures. A lawyer can identify procedural errors, negotiate with the prosecutor for a reduced charge or dismissal, and present mitigating factors to the court. Even for a first offense that might seem minor, the risk of a criminal conviction and the potential for later career or licensing consequences make legal representation important.
How does Virginia’s legalization affect a possession charge in Henrico today?
Virginia legalized possession of up to one ounce of marijuana for adults 21 and older, but possession over one ounce remains unlawful and can result in civil or criminal penalties. Possession of one to four ounces carries a civil fine; over four ounces is a criminal offense. Public consumption remains prohibited. The legalization did not amend the laws governing distribution or possession with intent to distribute, so charges involving larger quantities or allegations of sales remain actively prosecuted. A thorough evaluation of the amount seized and the location of the alleged possession is essential.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. is a multi-state law firm with locations including a Richmond Location serving Henrico County. Meeting by appointment only.
Case results depend on a variety of factors unique to each case.