Posts Tagged ‘18.2-250’
Felony Drug Possession Charge with Intent to Distribute to be DISMISSED in Fairfax Virginia
2011
Fairfax County, Virginia: Felony Drug Charge – Possession of Marijuana with Intent to Distribute, VA Code 18.2-248.1, was REDUCED to misdemeanor simple possession, first offense under VA Code 18.2-250.1, and will be DISMISSED as per a 251 Disposition, Va Code 18.2-251, in 6 months.
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Prince William County / Manassas Virginia: Class 6 Felony Possession of weapons / firearms while in possession of Drugs, VA Code 18.2-308.4, with a mandatory 5 year prison sentence upon conviction, was DROPPED. Class 5 Felony sale, gift, distribution or possession with intent to sell, give or distribute marijuana, VA Code 18.2-248.1 was REDUCED to Misdemeanor possession of marijuana, VA Code 18.2-250.1, with only two months to serve in jail. Client was originally facing a minimum of 5 and a maximum of 15 years in jail.
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Read more about Weapons Law here: Virginia Gun, Firearm, and Weapon Laws | A criminal defense lawyer’s explanation of possession, reckless handling, firing, and related offenses
Felony Charge to be DISMISSED | Obtaining Prescription Drugs by Fraud / Forgery in Fairfax Virginia
2011
Fairfax County, Virginia: Class 6 Felony charge of Obtaining Prescription Drugs by Fraud / Forgery (VA Code 18.2-258.1) was REDUCED to Misdemeanor Possession of Schedule III Narcotic (VA Code 18.2-250) with NO ACTIVE JAIL time and probation for 12 months – and will be DISMISSED under a 251 Disposition 12 months!
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Read more about Fraud Law here: Virginia Fraud Laws | A criminal defense lawyer’s explanation of embezzlement, false pretenses, check fraud, forgery and white collar crimes
Felony Marijuana Drug Distribution Charge REDUCED to Misdemeanor w/ NO JAIL in Fairfax Virginia
2011
Fairfax County, Virginia: Felony Marijuana Drug Distribution Charge (Possession with Intent to Distribute 2 ounces of Marijuana, VA Code 18.2-248.1) was REDUCED to a Misdemeanor with a lower weight of “less than .5 oz” and NO ACTIVE JAIL TIME AND NO FINE.
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Fairfax County, Virginia: Misdemeanor possession of drugs / marijuana charge (VA Code 18.2-250) was dismissed for lack of evidence to prove constructive possession! (Passenger of a vehicle cannot be convicted of possession of marijuana just because the drugs are found in the vehicle under his seat – more evidence is required to link the accused to the drugs.)
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
NORTHERN VIRGINIA:
Result: Felony conspiracy was DROPPED, Misdemeanor reckless driving was DROPPED, and Felony selling/distribution was REDUCED to a Misdemeanor possession charge with NO ACTIVE JAIL TIME!
Client was facing 21 years in prison with 2 years at minimum as he was charged.
1) Class 5 Felony selling, distributing, possession with intent to distribute, over 1/2 ounce but not over 5 pounds of marijuana under VA Code 18.2-248
2) Class 5 Felony conspiracy to sell, distribute, possession with intent to distribute, over .5 oz but not over 5 pounds of marijuana
3) Class 1 Misdemeanor reckless driving by speed 96 in a 70 mph zone under VA Code 46.2-862 (almost eluding)
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Read more about Reckless Driving and other criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Criminal Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
Fairfax County, Virginia: Possession of Marijuana Charge (VA Code 18.2-250.1) was reduced to a Paraphernalia charge (VA Code 18.2-265.5), even though the case was solid and the defendant had a prior drug conviction.
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
SPECIAL TREATMENT FOR JUVENILES UNDER VIRGINIA LAW
Crimes by Juveniles are prosecuted as delinquency acts in Virginia Juvenile and Domestic Relations District Courts. Juveniles are defined by their age for purposes of prosecution – 17 and under – minors. But being a kid doesn’t stop you from being prosecuted as an adult for serious crimes.
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SIMPLE POSSESSION OF MARIJUANA
Possession of marijuana is illegal under Va Code § 18.2-250.1. Possession must be either knowing or intentional, which means that the government must prove that you either knew about or intended to have marijuana in your possession, and you didn’t just possess it accidentally or unknowingly.
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