What Happens After a First Drug Possession Arrest?

 Posted on January 20, 2026 in Criminal Defense

A first drug possession arrest in Virginia often moves quickly. After an arrest, a person may be taken into custody, booked, and either released or held until a court appearance. What happens next depends on the type of drug, the amount involved, and the person’s prior record.

Drug cases are common. In 2025, preliminary data from the U.S. Sentencing Commission showed that drug offenses made up about 25.7 percent of all federal sentences.

As of 2026, some sentencing alternatives may be available, but they are not automatic and require careful handling. If you are dealing with this situation, speaking with a Prince William County, VA drug possession defense lawyer early can help you understand the process and protect your rights.

What Is Considered Drug Possession Under Virginia Law?

Drug possession generally means having a controlled substance on your person, in your vehicle, or in a place you control. A person does not need to be caught using drugs to be charged.

Most possession cases fall under Virginia Code § 18.2-250. This law covers illegal drugs such as cocaine, heroin, methamphetamine, and certain prescription medications held without a valid prescription. The specific substance involved affects how the charge is handled.

What Happens Right After a First Drug Possession Arrest?

After an arrest, officers usually seize the suspected substance and send it for testing. The person arrested is given a court date and informed of the charge.

In Prince William County, the first court appearance often happens soon after the arrest. At that hearing, the charge is formally addressed, and conditions of release may be set. Missing a court date can lead to additional problems, including a warrant.

Will a First Drug Possession Charge Always Mean Jail in VA?

Jail is possible, but it is not required in every first-offense case. While some first drug possession charges are misdemeanors, the penalties can still be serious.

Possible consequences may include:

• Jail time, sometimes suspended

• Fines and court costs

• Probation or supervised release

• Drug education or treatment programs

• A permanent criminal record

Even when jail is avoided, a conviction can affect work, housing, and future opportunities.

Are There First-Offender Programs for Drug Possession in Virginia?

Virginia law allows certain first-time defendants to ask the court for alternatives to a conviction. One option is found under Virginia Code § 18.2-251.

This law may allow a person to be placed on probation instead of being convicted. Conditions often include drug education, testing, and staying out of trouble. If the program is completed successfully, the charge may be dismissed. Not everyone qualifies, and approval depends on the facts of the case.

How Does the Type of Drug Affect a Possession Charge in Virginia?

The type of drug involved is significant for a possession charge. Different substances carry different penalties under Virginia law. For example, possession of a Schedule I or Schedule II drug, such as heroin or cocaine, is treated more seriously than possession of certain prescription medications without a valid prescription.

The amount of the drug also matters. Larger quantities can raise concerns about intent to distribute, which leads to much more serious charges and penalties.

What Defenses Are Common in First Drug Possession Cases?

Defenses often focus on how the arrest and search were handled. Police must follow strict rules when stopping, searching, and arresting someone.

Common defense issues include:

• Illegal traffic stops or searches

• Lack of knowledge about the substance

• Lack of control over where the substance was found

• Problems with lab testing or evidence handling

• Violations of constitutional rights

A careful review of police actions and evidence is often critical.

Schedule a Consultation With Our Fairfax County, VA Drug Possession Attorney

If you are facing a first drug possession arrest, Noorishad Law, P.C. can help. We take a client-focused, results-driven approach and are known for taking on challenging cases. We also handle a limited number of matters, including high-profile cases, so each client receives focused attention.

With more than 16 years of experience, we work to find practical solutions that protect your future. Call 703-542-4500 to speak with a Prince William County, VA drug possession defense lawyer about your situation and the next steps. Our phone lines are open 24/7.