Marijuana Possession Lawyer Fauquier County, VA

You were arrested on suspicion of marijuana possession in Fauquier County. Law enforcement stopped your vehicle, and now you face charges that could bring jail time, fines, and a criminal record that follows you for decades. The legal landscape in Virginia changed in 2021 when adults 21 and older gained the right to possess up to an ounce of marijuana, but possession above that limit remains a criminal offense, prosecuted in the Fauquier County General District Court or Circuit Court. Even a seemingly minor charge can affect your employment, housing, and professional licenses. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense in Fauquier County, representing clients at 6 Court Street, Warrenton. Mr. Sris, a former prosecutor, and his Of Counsel team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to marijuana possession cases. Results may vary. For a consultation about your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

What Marijuana Possession Means in Fauquier County

Virginia law treats marijuana possession differently depending on the amount and the circumstances. Under Va. Code § 4.1-1100 et seq., adults 21 and older may lawfully possess up to one ounce of cannabis. Possession of more than one ounce but not more than four ounces is a civil infraction, and possession of more than four ounces is a criminal offense. In Fauquier County, criminal marijuana possession cases are handled initially in the Fauquier County General District Court, located at 6 Court Street, Warrenton, VA 20186. Felony charges—such as possession with intent to distribute or possession of a Schedule I substance other than cannabis—proceed to the Fauquier County Circuit Court upon indictment or certification. The Commonwealth’s Attorney for Fauquier County prosecutes these cases, and local practice emphasizes early resolution where possible.

Fauquier County sits in Virginia’s 20th Judicial District and includes communities like Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. Law enforcement agencies in the county routinely make marijuana-related arrests during traffic stops and investigations. The procedural path for a defendant begins with an arraignment and bond determination before the magistrate; a first-offense marijuana possession may be eligible for deferred disposition under Va. Code § 18.2-251, which can lead to a dismissal after successful completion of probation and treatment requirements. The timeline for resolution depends on the court’s calendar and the complexity of the matter. Our Fairfax Location serves clients throughout Fauquier County—call (888) 437-7747 to discuss your options.

How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases

Mr. Sris and his Of Counsel approach every marijuana possession case in Fauquier County by first examining the Commonwealth’s evidence. Former law enforcement experience on the team provides a practical understanding of how stops, searches, and field testing are conducted. The defense strategy may include challenging the legality of the traffic stop or the search, scrutinizing the chain of custody for seized substances, and negotiating with the prosecutor for a reduced charge or diversion. In appropriate first-offense situations, counsel may pursue deferred disposition under Va. Code § 18.2-251, which avoids a conviction if the defendant meets probation conditions. Virginia courts do not permit the defendant to plea-bargain directly with the judge, but the Commonwealth’s Attorney may agree to amend charges.

Throughout the process, the team keeps clients informed about court dates, evidentiary issues, and realistic case assessments. Representation extends from the initial bond hearing through trial in the General District Court or Circuit Court. Because Fauquier County schedules hearings on its own calendar, flexibility and preparedness are essential. Mr. Sris and his Of Counsel appear regularly in local courts and understand the expectations of the bench. The goal is to pursue the most favorable outcome possible for each client—whether that means an acquittal, a dismissal through deferred disposition, or a charge reduction that minimizes long-term consequences.

Results may vary. The specific results from the firm’s one documented criminal matter in the county—a charge reduced or amended—illustrate the potential for favorable resolutions, though each case depends on its own facts.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor who founded the firm to provide experienced defense representation across multiple jurisdictions. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The Of Counsel team includes attorneys with backgrounds as a former Virginia State Trooper and extensive criminal trial experience. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to every matter. Results may vary.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Last reviewed: June 2026

Frequently Asked Questions

What are the penalties for marijuana possession in Fauquier County?

A first-offense marijuana possession over four ounces is a Class 1 misdemeanor with up to 12 months in jail and a $2,500 fine. Under Virginia law, adult possession of up to one ounce is legal; possession of 1–4 ounces brings a civil penalty of up to $25. Cases are heard at the Fauquier County General District Court. A first-offender drug possession charge may be eligible for deferred disposition under Va. Code § 18.2-251, which can result in dismissal after probation. Penalties increase for subsequent offenses or possession with intent to distribute. For a specific evaluation of your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Is marijuana legal in Virginia?

Adults 21 and older may possess up to one ounce of marijuana in Virginia without criminal penalty. However, possession over that amount is illegal. Possession between one and four ounces is a civil infraction punishable by a fine of up to $25. Possession over four ounces remains a criminal offense. Public consumption and possession in schools or by drivers are also prohibited. Commercial retail sales are not yet authorized, though the legal framework is evolving. Law Offices Of SRIS, P.C. can explain how current statutes apply to your situation.

What should I do if I am arrested for marijuana possession in Fauquier County?

Remain silent and ask to speak with an attorney before answering any questions. Do not consent to a search unless presented with a valid warrant. Contact a lawyer immediately to preserve your rights. Law enforcement may attempt to gather evidence during the initial encounter; a lawyer can later challenge the admissibility of that evidence. At Law Offices Of SRIS, P.C., we can review the arrest details and determine whether any legal violations occurred. Call (888) 437-7747 to schedule a consultation.

How does a Virginia lawyer defend against marijuana possession charges?

Defense strategies include challenging the legality of the stop and search, examining the chain of custody, and negotiating with prosecutors. An experienced attorney may argue that the amount of marijuana was misidentified, that the search was unconstitutional, or that the defendant qualifies for a first-offender program. In Fauquier County, the Commonwealth’s Attorney may agree to amend charges or to a deferred disposition. Law Offices Of SRIS, P.C. Evaluates the facts under Va. Code § 4.1-1100 et seq. And builds a defense tailored to the circumstances of each case.

Do I need a lawyer for a marijuana possession charge in Fauquier County?

Yes. Even a minor marijuana possession charge can create a permanent criminal record that affects your career, housing, and immigration status. A criminal record for possession may also trigger driver’s license consequences. An attorney can explore all available options—including deferred disposition—that an unrepresented defendant may not know about. The court process at Fauquier County General District Court moves quickly, and missing a deadline can lead to a default conviction. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What court handles marijuana possession cases in Fauquier County?

Misdemeanor marijuana possession cases are heard at the Fauquier County General District Court, while felony possession cases go to the Fauquier County Circuit Court. The GDC is located at 6 Court Street, Warrenton, VA 20186. The Circuit Court is at the same address in the historic courthouse. Defendants have the right to appeal a GDC conviction to the Circuit Court for a new trial. For a full explanation of the court process and what to expect at your hearing, contact Law Offices Of SRIS, P.C.

If you need a criminal defense lawyer in neighboring counties, we also serve: Fairfax County, Prince William County, Stafford County, Loudoun County, Arlington County.

Primary legal references for Virginia marijuana possession: Virginia Code Title 4.1 (Cannabis) · Fauquier County General District Court · Virginia’s Judicial System.

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

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