2019 Fairfax First Offense Possession of Marijuana Defenses – Ervin Kibria Law

May 31, 2019by Chris Lovos

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The country’s perspective towards marijuana is rapidly changing, and you need not look any further than DC or Maryland for proof. Unfortunately, the Commonwealth of Virginia still maintains some of the strictest marijuana laws in the country – despite efforts to reform these laws.


marijuana possession

But now that I’ve gotten that warning out of the way, there is good news! Fairfax County – the largest and most active court in Virginia – when it comes to possession of marijuana charges, and first offense possession of marijuana cases, has substantially relaxed its approach to handling possession of marijuana cases where the defendant is represented by an attorney. Even if you are not represented by a criminal defense lawyer in Fairfax General District Court, you will likely be offered the 251 first offenders diversion program. This program will require you to jump through several hoops for 6 -12 months (and is discussed in more depth on our site), but it is a way for a possession charge to be dismissed.

Do You Need an Attorney? Yes.

A Fairfax criminal defense attorney, however, can give you a very good chance of getting that possession of marijuana charge completely dropped, which is referred to as a nolle prosse (rather than a dismissal).

In a free consultation, I give my clients a list of a handful of steps to take prior to court that will show the prosecutor and judge that you are taking the charge seriously and that you are a good candidate to have the charge dropped entirely. This was not an option that was always available to criminal defense attorneys handling these types of marijuana possession cases, but because the Fairfax prosecutors have taken a more lenient approach lately, it is possible for many cases to be dropped.

Now – every case is different. I am not guaranteeing that your case will be dismissed. I never guarantee any out come in any case (and you shouldn’t trust any attorney who does). But if you would like to discuss the steps needed to have your first offense (or subsequent) marijuana possession charge dismissed, give me a call. We do our best to provide the best quotes possible!

Call today for your free consultation at: (703) 962-7790

Or email me at: justin@ervinkibrialaw.com



Chris Lovos