Virginia Possession of Marijuana Lawyer

Virginia Possession of Marijuana Lawyer

Possession of Marijuana in Virginia is still a criminal offense. It is prohibited by Va. Code 18.2-250.1. A conviction has serious consequences and can drastically affect your future. If you have been arrested or charged with possession of marijuana, then you need a skilled Virginia Possession of Marijuana Attorney who can protect you before the Courts and present your best defense. Riley & Wells Attorneys-At-Law can help you understand the offense you are facing and the possible defenses to your case.

NOTE: A marijuana charge is NOT a conviction.

Virginia Marijuana Possession Penalties

  • Incarceration
  • Criminal record
  • Loss of driving privileges
  • Random Drug Screens
  • Community Service
  • Probation

Criminal Defense Attorneys Defend Marijuana Possession Cases

Some marijuana possession cases have constitutional defensesThe Fourth Amendment to the U.S. Constitution applies to just about every marijuana possession case. This amendment protects the people from unreasonable government searches and seizures. Search and seizure issues are common in marijuana possession cases. In most cases, a “search” is conducted by the police without a search warrant. A search warrant is not required if there is a legal exception to the warrant requirement. An unlawful “search” typically results in dismissal of the case.

Marijuana Cases May Involve Insufficient Search & Seizure Evidence

Virginia Possession of Marijuana Attorney

Our attorneys examine the facts and circumstances surrounding your arrest, whether the police violated the Fourth Amendment, whether the police had a reasonable suspicion to stop you, whether any warrant was supported by probable cause, and whether any other violations may have tainted the seizure or admissibility of evidence the prosecution will attempt to use against you at trial. In many cases, we can prevail on a number of defense objections or motions, even if you think you are guilty.

Evidence of “Possession” is Not Always Sufficient to Convict

Marijuana Possession in Virginia is a criminal offense

The prosecution is required to prove knowing or intentional possession of marijuana to secure a conviction. Possession also includes “constructive possession.” Constructive possession occurs when the defendant does not actually have the marijuana on their person or in their pocket. A possession of marijuana violation is still possible if the defendant had access to and control over the place where the marijuana was found. This often applies when marijuana is found in a vehicle during a traffic stop.

Marijuana Cases Involve Scientific Testing of Recovered Plant Material

Marijuana must be tested by a forensic analyst or a field test kitAny plant material recovered by the police in a marijuana possession case must be tested. A skilled marijuana possession attorney knows how to best handle this issue. Some defenses in possession of marijuana cases are procedural that involve the Department of Forensic Science or the use of a “field test kit” by a police officer. In some cases, the plant material looks like marijuana, but may in fact actually be a herbal substance, a synthetic substance or hemp.

Richmond VA Possession of Marijuana DISMISSED

Marijuana Possession DismissedOur Possession of Marijuana Attorneys represented a client from Roanoke VA, who was in Richmond attending a concert at a popular local venue. The client was arrested for possession of marijuana in a nearby ally outside the venue. A small amount of plant material was recovered by the police during a search. The issue in the case was the admissibility of the “field test” result. We successfully argued that the prosecution did not follow the law in order for the “field test” result to be admissible. Case dismissed.

Contact Us today for a free evaluation of YOUR case!

11/10/2015 | Updated 9/2/2019