Virginia Drug Crimes Legal Questions

Hi There,   In Virginia, an expungement can only be obtained if: you are found not guilty by the court (acquittal or dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; where an individual’s name is used in error; or the individual obtained an absolute pardon from a Virginia Governor. To find out more, you can visit the guide I just recently published on what you need to know about criminal record expungements, pardons and restoration of rights in Virginia  http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia?published=true.   Cheers ... Read More

The maximum penalty for a first offense of possessing marijuana is 30 days in jail and a fine up to $500.  Upon conviction you also automatically lose the privilege to drive in Virginia for 6 months.  Here are the statutes: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-250.1 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-259.1 Upon conviction you will also lose eligibility for federal student aid for one year. That is the worst that can happen.  Many courts throughout Virginia do not impose jail for first offenses, and deferred dispositions are frequently granted allowing you to avoid a conviction by complying with certain orders of the court. Depending on the facts and circumstances of your case (which you should not share on the internet or in public) you may not be convicted at all.  You should consult with several criminal defense attorneys to get a better feel for what the realistic possibilities are in your case.... Read More

If you hire an attorney who can be present on the date and time for which your case is currently set for trial, you will be allowed counsel. If you or your lawyer is requesting a continuance, the Court CAN deny your request since you have already signed a rights waiver.  The Court will consider whether the case has been continued before, how long you waited to change your mind, and other factors such as witness availability/inconvenience, etc., in making a decision. A good attorney in your area can help.  You should speak to several and hire the best one you can afford.... Read More