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Perhaps the most common drug offense in Virginia is possession of marijuana. Whether you have been charged with simple possession or possession with intent to distribute, you must act quickly to defend yourself. At Noorishad Law, P.C., we have extensive experience representing clients in a wide range of criminal offenses. Our firm has the necessary resources and depth of legal knowledge to prepare a strong defense no matter how complex your case.
So What Constitutes "Possession"?
In order to be convicted of simple possession, the Commonwealth must prove that you were aware of the presence and character marijuana and that you consciously possessed it. What does this mean? Generally speaking, the prosecutor must show that you knew the "substance in question" was marijuana AND that you knew where it was or had some control over the marijuana.
The law goes even further by providing that the prosecutor cannot prove your guilt by simply just showing the Court that the marijuana was found in your car or in your house. The mere fact that marijuana is found there is not enough to convict you of possession. The law requires that the prosecutor prove that you knew the substance found in the house or car was marijuana AND that you had some knowledge or control over the marijuana.
What is the "251 Program" or First-Time Offender Program?
The "251 Program" allows a defendant who is charged with a first time drug-related offense, to have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
Why Should I Consider Not Taking Advantage of the 251 Program?
The 251 Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the 251 program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
When facing a possession of marijuana charge, it is wise to schedule a free consultation with an experienced attorney at our firm. We can examine the facts of your case to determine what possible defenses you may have in an effort to have your charges reduced or possibly dismissed. Please contact us at your earliest convenience to schedule your free telephone or in-person consultation with an attorney at our firm.
So What Constitutes "Possession"?
In order to be convicted of simple possession, the Commonwealth must prove that you were aware of the presence and character marijuana and that you consciously possessed it. What does this mean? Generally speaking, the prosecutor must show that you knew the "substance in question" was marijuana AND that you knew where it was or had some control over the marijuana.
The law goes even further by providing that the prosecutor cannot prove your guilt by simply just showing the Court that the marijuana was found in your car or in your house. The mere fact that marijuana is found there is not enough to convict you of possession. The law requires that the prosecutor prove that you knew the substance found in the house or car was marijuana AND that you had some knowledge or control over the marijuana.
What is the "251 Program" or First-Time Offender Program?
The "251 Program" allows a defendant who is charged with a first time drug-related offense, to have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
- Defendant has never been found guilty of a drug-related offense and has never enrolled in the 251 program;
- Defendant pleads guilty, no contest, or facts sufficient for a finding of guilt for possession of marijuana;
- Six (6) month loss of driver's license;
- Enroll in and complete VASAP (Virginia Alcohol Safety Action Program);
- Complete 24 hours of community service through OAR (Offenders Aid and Restoration);
- Comply with active probation, including random drug and alcohol screens;
- Payment of court costs and VASAP (approximately $350.00); and
- Be of general good behavior for a period of at least six months with no violations of law during this period of time.
Why Should I Consider Not Taking Advantage of the 251 Program?
The 251 Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the 251 program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
- You are not guilty of the offense: You will need to speak with an attorney before reaching this conclusion as there may be potential suppression defenses or other technical legal defenses which you may not be aware of which may help you win your case. This is particularly important in cases where the Defendant knows they may be charged again in the future and may not want to use their "first offender" pass on a case they may win.
- Severe immigration consequences: If you are not a United States citizen, it is extremely important to speak with an attorney before entering into this 251 program, as entry into the 251 program may be viewed as a guilty plea for purposes of immigration and may subject you to deportation or removal proceedings.
- You do not have time to complete community service or VASAP: You may work a full-time job, have children, elderly parents that you care for, or other time commitments which prevent you from being able to complete 24 hours of community service and/or attend VASAP classes, which comprises of a minimum of 10 classes over 10 weeks with each class going for about 2 hours. If this is the case, please contact us before entering into the 251 program.
- You cannot successfully complete probation: You will be screened for alcohol and drugs for at least 6 months. If you do not believe you can remain drug and alcohol free, then you will likely be found in violation of your probation and will ultimately be found guilty of possession of marijuana and possibly serve jail time without ever having a trial to determine guilt or innocence. Please be sure to make an honest assessment of your ability to complete probation before entering into the 251 program and contact us if you have any questions or concerns.
- You cannot afford to lose your Virginia Driver's License: In some instances, you may not be able to be approved for a restricted license. If you need your driver's license and cannot afford to have it suspended for at least 6 months, you should contact an attorney before entering into the 251 program.
- You are already on probation for another charge: By entering into the 251 program, you may be violating the terms of your probation which could cause you get a probation violation charge.
When facing a possession of marijuana charge, it is wise to schedule a free consultation with an experienced attorney at our firm. We can examine the facts of your case to determine what possible defenses you may have in an effort to have your charges reduced or possibly dismissed. Please contact us at your earliest convenience to schedule your free telephone or in-person consultation with an attorney at our firm.
