Marijuana Possession Lawyer New Kent County, VA
You were driving east on I-64 through New Kent County, returning from a weekend trip to the beach, when a state trooper pulled you over for a routine traffic stop. During the interaction, the officer claimed to smell marijuana and discovered a small amount in your vehicle. Now you face a possession charge — and a court date at the New Kent County General District Court. A conviction can bring jail time, fines, and a criminal record that follows you into background checks and employment applications. You need an experienced marijuana possession lawyer who understands the local courts and can build a defense to protect your record and your future. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team provide that defense. Reach us at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Marijuana Possession in New Kent County: What the Charge Means
Under Virginia law, simple possession of up to one ounce of cannabis by an adult 21 or older is now a civil infraction carrying a $25 penalty (Va. Code § 4.1-1100). However, possession of more than one ounce — or possession of any amount by a person under 21 — remains a criminal offense. Over one ounce but under four ounces can be charged as a misdemeanor, while amounts over four ounces or any amount with evidence of intent to distribute may be filed as a felony. Even a misdemeanor possession conviction on your record can affect job prospects, security clearances, and professional licenses. New Kent County, situated along the busy I-64 corridor between Richmond and Williamsburg, sees many marijuana possession cases arising from traffic stops by the Virginia State Police and the New Kent County Sheriff’s Office. The New Kent County General District Court at 12001 Courthouse Circle adjudicates misdemeanor possession cases, while felony charges are handled by the New Kent County Circuit Court. For a breakdown of the statutory framework, see our comprehensive analysis on the main firm website.
How Mr. Sris and His Of Counsel Defend Marijuana Possession Cases
Our approach begins with a thorough review of the traffic stop and the search that uncovered the evidence. Was there reasonable suspicion to stop your vehicle? Did law enforcement have probable cause to search? A former Virginia State Trooper now Of Counsel with our firm brings firsthand knowledge of police procedures and investigative standards, which can reveal procedural weaknesses in the state’s case. We also examine whether the substance was lawfully seized and tested, whether the weight of the material is accurate, and whether any other charges, such as possession of paraphernalia, can be challenged. Mr. Sris, a former prosecutor, guides the legal strategy, leveraging his experience with how the Commonwealth’s Attorney builds possession cases. We explore every available avenue: negotiation for a reduced charge, entry into a first-offender program if eligible, or trial and contested evidentiary hearings. Because Virginia courts do not permit judicial plea bargaining, the defense must be prepared to litigate or work with the prosecutor to amend charges.
What to Expect in New Kent County Court
If you are charged with misdemeanor marijuana possession, your case will likely begin in the New Kent County General District Court. The court is presided over by Hon. Wade A. Bowie, and business hours are Monday through Friday, 8:00 AM to 4:00 PM. At your first appearance, the judge will advise you of the charge and you will enter a plea. If you plead not guilty, a trial date will be set. The Commonwealth’s Attorney will present the evidence, and your defense attorney will have the opportunity to cross-examine the officer and challenge the search and seizure. You have an absolute right to appeal an adverse ruling to the Circuit Court for a new trial. Felony cases are initiated in the General District Court for a preliminary hearing and then certified to the Circuit Court for trial. Throughout the process, having an attorney who is familiar with the local court culture and the tendencies of the prosecutors can make a significant difference in how the case is resolved.
Penalty Overview
Marijuana possession charges in Virginia can carry significant consequences. A Class 1 misdemeanor, the most common level for possession of more than one ounce, is punishable by up to 12 months in jail and a fine of up to $2,500. A Class 2 misdemeanor (for possession of between one and four ounces, depending on the circumstances) carries up to six months and a fine of up to $1,000. If the charge is elevated to a felony — for example, possession with intent to distribute — the penalties grow to a Class 5 felony (one to ten years) or a Class 6 felony (one to five years, or up to twelve months and a $2,500 fine at the jury’s discretion). Beyond incarceration and fines, a conviction creates a permanent criminal record that can appear on background checks. A first-offender deferred disposition under Va. Code § 18.2‑251 may be available to eligible defendants, allowing the charge to be dismissed upon successful completion of probation and treatment. However, such programs are not guaranteed; an experienced attorney can assess eligibility.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who has dedicated his career to criminal defense. Mr. Sris, Owner and Founder of the firm, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He and his Of Counsel bring over 120 years of combined legal experience to every case, and the firm has achieved over 4,739 documented firm-wide results. Results may vary. The team includes defense lawyers with deep local insight: our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout New Kent County and the surrounding area. We appear regularly in the New Kent County General District and Circuit Courts, and we know how the Commonwealth’s Attorney prosecutes possession charges. One of our Of Counsel is a former Virginia State Trooper who spent 15 years investigating traffic stops and drug interdiction along roads like I-64 — giving us a valuable perspective in challenging police procedures.
Frequently Asked Questions
What are the penalties for marijuana possession in New Kent County, Virginia?
A marijuana possession conviction in New Kent County may result in fines, jail time, and a permanent criminal record, with penalties increasing based on the amount and any intent to distribute. Simple possession of more than one ounce is usually a Class 1 misdemeanor (up to 12 months and $2,500). Larger quantities can be felonies carrying years of prison. The court may also impose probation and a driver’s license suspension. An attorney can explain the specific range that applies to your case. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can marijuana possession charges be expunged in New Kent County?
Expungement of marijuana possession charges in New Kent County is possible only if the case resulted in a dismissal, nolle prosequi, or acquittal — most convictions cannot be expunged under current Virginia law. Virginia does allow record sealing for certain non‑conviction dispositions under Va. Code § 19.2‑392.2. If you successfully complete a first‑offender deferred disposition, the charge is dismissed and may qualify for expungement. Our firm can review your record and advise you on eligibility.
How does a Virginia lawyer defend against marijuana possession charges?
Defense strategies for marijuana possession in Virginia include challenging the legality of the traffic stop, the search that uncovered the evidence, or the accuracy of the drug testing. An experienced attorney will examine whether law enforcement had reasonable suspicion to stop you and probable cause to search. Questions about chain of custody, the weight of the substance, and whether the substance is actually marijuana can create reasonable doubt. Your attorney may also negotiate a reduced charge or argue for a first‑offender deferred disposition under Va. Code § 18.2‑251.
What should I do if I am facing marijuana possession charges in New Kent County?
If you are facing marijuana possession charges in New Kent County, remain silent and ask to speak with an attorney; do not discuss the facts of the case with anyone except your lawyer. Write down everything you remember about the stop and the search while it is fresh. Preserve any documents you received from the officer. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. The sooner you involve counsel, the more options are available.
Do I need a lawyer for a marijuana possession charge?
Yes, you should have a lawyer represent you on a marijuana possession charge because even a misdemeanor conviction can result in jail time and a record that follows you for life. A lawyer can evaluate whether your rights were violated and whether the evidence can be challenged. Without an attorney, you may not know about diversion programs or defenses that could lead to a dismissal or reduced charge. To discuss your case, contact Mr. Sris and his Of Counsel at (888) 437-7747.
How does the court process work for a possession case in New Kent County?
Your case begins with an arraignment at the New Kent County General District Court at 12001 Courthouse Circle, where you will be advised of the charge and enter a plea. If you plead not guilty, a trial date is set. At trial, the prosecutor presents evidence, and your attorney cross‑examines witnesses and argues why the evidence is insufficient. If the court finds you guilty, you have the right to appeal to the New Kent County Circuit Court for a new trial before a jury. Throughout, your attorney handles all court appearances and legal filings on your behalf.
New Kent County General District Court is currently presided over by Hon. Wade A. Bowie. Court hours: Mon‑Fri 8:00AM‑4:00PM. Counsel appearing on criminal matters should plan filings accordingly.
Call (888) 437-7747 today to schedule a consultation with a marijuana possession lawyer serving New Kent County. Our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 is available by appointment. Mr. Sris and his Of Counsel are ready to help.
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