In Arlington County, simple possession of a controlled substance is a Class 1 misdemeanor under Va. Code § 18.2-250, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 21 documented results in Arlington County. A Simple Possession lawyer Arlington County can help you pursue a first-offender program for dismissal.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 18.2-250 (official Virginia General Assembly)
Virginia law under Va. Code § 18.2-250 makes it unlawful to knowingly or intentionally possess a controlled substance without a valid prescription. This includes drugs classified under Schedules I through VI. A Simple Possession lawyer Arlington County understands that the Commonwealth must prove you knowingly possessed the substance. First-offender programs under Va. Code § 19.2-303.2 may allow for dismissal upon successful completion of probation and drug treatment. The penalties escalate with prior convictions, making early legal intervention critical.
For more information, review the official Virginia statute on drug possession and the Arlington County General District Court website for local procedures.
In Arlington County General District Court, prosecutors routinely offer first-offender diversion for simple possession charges. The court at 1425 N. Courthouse Rd processes these cases quickly, often within 4-8 weeks from arraignment. A Simple Possession lawyer Arlington County can negotiate for a deferred disposition under Va. Code § 19.2-303.2, which results in dismissal upon completion of terms.
- Step 1: Contact a Simple Possession lawyer Arlington County immediately after arrest or citation.
- Step 2: Your attorney requests discovery from the Commonwealth’s Attorney to review the evidence.
- Step 3: Your lawyer files a motion for a first-offender deferred disposition under Va. Code § 19.2-303.2.
- Step 4: The court sets terms: drug evaluation, treatment, and probation typically lasting 6-12 months.
- Step 5: Upon successful completion, the court dismisses the charge and you may qualify for expungement under Va. Code § 19.2-392.2.
In Arlington County, simple possession of a controlled substance carries a maximum penalty of 12 months in jail and a $2,500 fine for a first offense.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month license suspension (Va. Code § 46.2-316) | Permanent criminal record; possible drug treatment requirement |
| Simple Possession (Second Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Up to 3-year license suspension | Mandatory minimum jail time; no first-offender eligibility |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. A Simple Possession lawyer Arlington County from our team brings this depth of experience to your case.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
In Arlington County, Law Offices Of SRIS, P.C. has 21 documented results: 11 dismissed/not guilty, 10 reduced/amended (100% favorable outcome rate). Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate. Kristen Fisher, former MD Assistant State’s Attorney with the firm since 2010, contributes her prosecutorial experience to criminal defense strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Distance: Our Arlington location serves clients at Arlington County courts (1425 N. Courthouse Rd).
Near Me: Simple Possession lawyer near Arlington County Courthouse.
Neighborhoods Served: Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, Shirlington.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: 703-589-9250. By appointment only.
Can a first-offense simple possession charge be dismissed in Arlington County?
Yes. Under Va. Code § 19.2-303.2, first-offender programs allow dismissal upon successful completion of probation and drug treatment.
The court typically requires a drug evaluation, treatment program, and 6-12 months of probation. A Simple Possession lawyer Arlington County can file the motion for deferred disposition before your first court date to maximize the chance of approval.
How much jail time for simple possession in Arlington County?
Up to 12 months for a Class 1 misdemeanor, but first-time offenders rarely receive jail time if they qualify for first-offender diversion.
The court may impose a suspended jail sentence with probation conditions. A drug possession defense lawyer Arlington County can negotiate for probation instead of incarceration, especially if you have no prior record.
What is the difference between simple possession and possession with intent in Arlington County?
Simple possession is a Class 1 misdemeanor under Va. Code § 18.2-250, while possession with intent to distribute is a felony under Va. Code § 18.2-248.
The key difference is evidence of intent to sell: large quantities, packaging materials, scales, or cash. A personal use defense lawyer Arlington County can argue the amount was consistent with personal use to avoid felony charges.
Can simple possession be expunged in Arlington County?
Yes, if the charge was dismissed, nolle prosequi, or you were acquitted. Virginia allows expungement under Va. Code § 19.2-392.2.
Convictions generally cannot be expunged. However, successful completion of a first-offender program results in dismissal, making expungement available. A Simple Possession lawyer Arlington County can file the petition in Arlington County Circuit Court.
Do I need a lawyer for simple possession in Arlington County?
Yes. Even a misdemeanor creates a permanent criminal record visible to employers and landlords. A lawyer can negotiate for first-offender diversion.
The Commonwealth’s Attorney in Arlington County prosecutes these cases aggressively. A drug possession defense lawyer Arlington County can identify weaknesses in the search and seizure, challenge the lab results, and secure a better outcome than appearing pro se.
What is the bond process for simple possession in Arlington County?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Arlington County.
Secured bond (bail bondsman charges approximately 10%) is typical for repeat offenders or if you have prior failures to appear. A Simple Possession lawyer Arlington County can request a bond review hearing at Arlington County General District Court if the initial bond is too high.
How long does a simple possession case take in Arlington County?
GDC misdemeanor trials typically resolve in 4-8 weeks from arraignment. First-offender programs may take 6-12 months to complete.
Virginia speedy trial rights require trial within 5 months for misdemeanors from arrest. A personal use defense lawyer Arlington County can enforce these rights if the prosecution delays unnecessarily.
What are the long-term consequences of a simple possession conviction in Arlington County?
A conviction creates a permanent criminal record, affects employment, professional licenses, housing, and student financial aid eligibility.
Federal law also imposes a lifetime ban on firearm possession for drug offenders. A Simple Possession lawyer Arlington County can help you avoid these consequences through first-offender diversion or dismissal.
Last verified: April 2026. Information updated as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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