First Offense Marijuana Possession

Asked almost 2 years ago - Blacksburg, VA

I am a 19-year-old male currently attending Virginia Tech. I was charged with possession of a small amount of marijuana. I have a summons to appear in court next month. I would like to know what the possible outcomes may be. I sought legal advice from the school, and they told me to plea NOT guilty, and ask for the "first offender" program. Basically, the case will be dismissed after a certain time period, am I correct? Do you know how long that is? What other conditions come with this (i.e. community service, unsupervised probation, VASAP). I heard I will not be given a probation officer, but I am not sure about drug testing. Will that happen? This is the FIRST time I have ever gotten into trouble with the law. Also, can I have the case expunged after I successfully complete the program?

Attorney answers (2)

  1. Carleton Penn III


    Contributor Level 12


    Lawyer agrees

    Answered . Do not rely on the college for legal advice. You should speak to an attorney an at least explore whether there is suffiecient reason to file a Motion to Suppress the evidence. Other areas would be covered. What statements were made to the cops? Were you free to leave the area or in handcuffs? How much pot? Was it marijuana? Was it field tested only? These are some questions that need to be addressed. I would assume your attorney would file for a certificate of analysis; there may be problems having it admitted into evidence. Does your school have a drug diversion program without intervention of the courts? As you indicated this is your first criminal offense, a suspended finding of guilt or 251 disposition should be available.Don't kid yourself, this is a drug offense that may stay on your record. You will have one time and one time only for a deferred drug offense. It will appear on your criminal record as well as your DMV record as your license is suspended for 6 months.Treat it accordingly and speak to counsel. Some programs require a drug program and urine screens. If you have a 251 disposition, you cannot get this expunged See a criminal defense lawyer NOW. You do not want this to appear 5 years down the road if you can avoid it.

  2. Larry Thomas McMillan

    Contributor Level 15

    Answered . Save your beer money. Go to court for the first appearance, if they offer the first offender program, take it. Complete it successfully, without violating any conditions and the case will be dropped. If they do not offer the program, tell them you need time to hire a lawyer.

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