Marijuana Possession Lawyer Fauquier County — What Are Your Defense Options?
Simple marijuana possession in Fauquier County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in Fauquier County. Our marijuana possession lawyer Fauquier County team provides 24/7 consultations.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law defines simple possession of marijuana as knowingly possessing the substance without a valid prescription. The primary statute is Va. Code § 18.2-250.1. Possession of more than one ounce but less than one pound is a Class 1 misdemeanor. Possession of one pound or more is a felony. The law firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides an advantage in complex cases.
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and filing information for Fauquier County can be found on the Fauquier County General District Court website.
Defending a Marijuana Charge in Fauquier County
Fauquier County prosecutors handle marijuana possession cases at the General District Court located at 6 Court Street in Warrenton. A strong defense often challenges the legality of the search and seizure that led to the discovery of the marijuana. Police must have probable cause or a valid warrant; otherwise, the evidence may be suppressed.
- Secure legal representation immediately after an arrest or receiving a summons.
- Your attorney will file a motion for discovery to review the prosecution’s evidence.
- Evaluate potential defenses, such as challenging the traffic stop or search legality.
- Negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or diversion program.
- If no favorable plea is reached, prepare for a bench trial in General District Court.
Penalties for Marijuana Possession in Fauquier County
In Fauquier County, simple possession of one ounce or less of marijuana is punishable by a civil penalty of $25, while possession of more than one ounce is a criminal misdemeanor.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Civil Violation | None | $25 | None | No criminal record |
| Possession >1 oz – <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Permanent criminal record |
| Possession ≥ 1 lb | Class 5 Felony | 1-10 years* | Up to $2,500 | Possible suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
*Or up to 12 months and a $2,500 fine at the discretion of the jury.
Our Experience with Drug Charges
Law Offices Of SRIS, P.C. was founded in 1997 and has over 120 years of combined attorney experience. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a criminal case. We have secured favorable outcomes in drug possession cases across Virginia.
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
Case Results
Our firm has a documented record of handling drug-related cases. In one instance, our team successfully negotiated the amendment of a felony distribution charge down to simple possession of marijuana in a neighboring jurisdiction. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor who is admitted to practice in Virginia, Maryland, DC, New Jersey, and New York.
Marijuana Possession Defense Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. If you are searching for a “cannabis charge defense lawyer Fauquier County” or a “marijuana arrest lawyer Fauquier County” near Warrenton, New Baltimore, or Bealeton, contact us for a consultation.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months and a $1,000 fine. Marijuana possession over one ounce is a Class 1 misdemeanor.
Can criminal charges be expunged in Fauquier County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. First-offense marijuana possession may qualify for dismissal through a first-offender program, after which expungement may be possible.
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. Secured bond (a bail bondsman charges about 10%) is typical for felonies. Bond decisions can be appealed to the Fauquier County General District Court.
Do I need a criminal defense lawyer for a marijuana charge in Fauquier County?
Yes. Even a misdemeanor marijuana charge carries potential jail time and creates a permanent record. Charges are prosecuted by the Commonwealth’s Attorney and heard at Fauquier County General District Court. A lawyer can protect your rights and seek the best possible outcome.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying jail time.
Related Legal Information
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax County and Prince William County. If you are facing other charges, explore our services for DUI defense in Fauquier County or reckless driving defense in Fauquier County.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for current legal guidance.