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Will I go to jail for possession of mushrooms, LSD, and ecstasy? (and marijuana)

Fairfax, VA |

I got caught with 3 grams of mushrooms, 2 tabs of lsd, and two ecstasy pills (all schedule 1). and 6 grams of marijuana. I'm 18 years old and I've never had prior run-ins with the law not even a traffic ticket. Will I be able to continue school or can I count on going to jail?

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Attorney answers 3


Did this occur in Fairfax County? You need an experienced attorney that knows Fairfax well if it was.
But, to answer your question - maybe you will face some jail time (or not) but whether you can finish your semester in school is a different question because it may take quite some time before you would be able to be sentenced on these charges.
Without even asking about the circumstances as to how these substances were found and how the police determined they were in your possession and whether you were charged with simple possession or possession with intent to distribute - the Commonwealth of Virginia will have to prove that those substances are in fact illegal. That requires chemical analysis of each. The lab is notorious for getting backed up and it takes several weeks - sometimes months - for the results to be available and filed with the court. Then you may have to go through the criminal process: preliminary hearing in General District Court, first-return in Circuit Court for Grand Jury, Plea Date/Trial/Sentencing. Also, there can be continuances.
The merits of your case and the other issues that may arise are a different matter - perhaps pleaing to a few misdemeanors or being found guilty of several felonies.
Don't withdraw from school yet and talk to an attorney immediately.
Good luck!

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]


Consult with an attorney so that you can get a complete response to your questions that contemplates all of your personal facts.

As Ms. Naum stated, there are technical considerations related to drug cases that may provide a defense to your charge. Notwithstanding that, you should count on being able to continue with school. You may have to do 1 day to 6 months in jail if you are convicted of all three (based on the Va sentencing guidelines - note these are NOT mandatory and the judge can sentence you to more or less depending on the facts that he/she hears).
You will receive a much greater prison sentence that is suspended and be required to undergo a drug assessment and follow the recommendations therefrom.

Good luck.

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It is impossible to know how your case is going to turn out. I like to think my job as a Criminal Defense Lawyer is to protect my client's rights and have an impact on the outcome - not to predict the outcome.

When I was teaching at the police academy, the recruits were always amazed at the many ways criminal cases can be defended. Many of these defenses may be available to you - but that can't be known at this stage of the process.

What can be known is that if you are convicted of these offenses, you could end up serving time in prison. I hope that helps you understand the severity of this matter and makes it clear that you need the assistance of the best Virginia Criminal Defense Lawyer you can get.

The lawyer you choose could be the difference in whether you end up in prison or not.

If you find this answer helpful, please click the Good Answer icon below.

For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at:

T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI, Criminal & Traffic Defense...When Results Matter
9300 Grant Avenue, Suite 301
Manassas, Virginia 20110

Telephone 703-361-6100
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The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. The Wilson Law Firm disclaims the formation of an attorney-client relationship by use of AVVO, and no such relationship exists unless and until a written Fee Agreement has been endorsed by The Wilson Law Firm and the client. Furthermore, given the public nature of this forum, there can be no expectation of privacy, confidentiality, privilege, or any other protection from disclosure.

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