QUESTION

Second offense or not?

Asked on Aug 07th, 2013 on Criminal Law - Virginia
More details to this question:
charged with possession of marijuana a second time. The first time was dismissed after completing the first offenders program. I would like to know if this is a repeated offense? if another VAsAP progrma can be completed and if this will prevent conviction and or sentencing? Im in college and my major concern is earning my degree. And te ability to drive to and from school.
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1 ANSWER

Criminal Attorney serving Manassas, VA at The Irving Law Firm
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Based upon the limited information you have provided and my interpretation of the wording of 18.2-250.1, this would not be considered a "repeat offense", because you were never convicted of a first offense.  That means the penalties are SHOULD be limited to the confinement in jail not more than thirty days and a fine of not more than $500.  You would not however be eligible for another first offenders program.  If convicted you would likely be required to do a substance abuse assessment and classes as deemed necessary if you wish to have a restricted drivers license during the mandated license suspension period.  There are sometimes creative ways around these results.  A conviction may very well impact your eligibility on the FAFSA (federal financial aid).
Answered on Aug 12th, 2013 at 3:46 PM

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