Top Rated Marijuana Defense Lawyer in Fairfax - Ervin Kibria PLLC

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Washington, DC:

1627 I ST, NW
Suite 600 #509
Washington, DC 20006
Direct: (202) 689-4439
Fax: (866) 709-5280

Virginia:

1775 Tysons Blvd.
5th Floor
Tysons, VA 22102
Direct: (703) 962-7790
Fax: (866) 709-5280

Ervin Kibria Law Reviews:

Ervin Kibria Law
5.0
Based on 179 reviews
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Sam Khan
Sam Khan
16:08 28 Feb 20
Outstanding experience with this attorney and his firm were exceptional. Really saved my family from a disaster. A really great DC attorney, super responsive and pleasant to deal with. Highly recommended!read more
Noman Jamshidy
Noman Jamshidy
15:11 25 Feb 20
Oh my god Mr. Kibria was amazing. I was so nervous about a ridiculous situation. From the start he told me he would keep me safe and take care of everything. He did exactly that but i did not expect how quickly he took care of things and all very professionally. I am so relieved and thankful. Outstanding DC lawyer who communicates exceptionally. I can’t recommend him and the firm enough!I really really appreciate your help Mr. Kibria.read more
N. Rice
N. Rice
20:18 21 Feb 20
Just got off the phone with Mr. Kibria. Definitely can tell he cares about getting fair results for his clients from the way he handles himself on the phone as well as in person. He doesn’t just spit out a price like other attorneys, he actually hears you out. Also his prices are at least 30% lower than any other quotes I’ve gotten in the city. I don’t know why you’d go anywhere else!read more
Ben Marsh
Ben Marsh
14:58 13 Feb 20
Wonderful DC defense lawyer. Got my case dismissed. His communication and professionalism is exceptional. Took care of me just like he said he would. Definitely call this firm if you need a top notch DC attorney! Also very fair with fees.read more
Alejandra Argueta
Alejandra Argueta
18:01 03 Feb 20
Mr. Kibria was truly amazing. I’ve never knew a lawyer would be so hands on with a case. He helped me through a serious and difficult time and helped protect me and my family. Not only was he always available when I needed him, no matter what, he also did so much to make sure I was safe. Hopefully I never need a lawyer again anywhere but if I do Mr. Kibria is the only lawyer I want. If they had more than 5 star I would give him more.read more
Antonio Smith
Antonio Smith
14:48 22 Jan 20
Mr. Kibria is an amazing attorney. I can’t say enough about. He truly saved me in a difficult period in my life where I was facing a lot of time behind bars. I am so glad I had him as an attorney. People should call him if they need a great attorney. He went above and beyond what was asked of him. He’s not just a amazing attorney but a wonderful person. Treated me and my family like we were his family.read more
Erin Escobar
Erin Escobar
15:25 19 Dec 19
Had a complicated case and decided to reach out to many lawyers, but then I got in contact with the best DC defense Lawyer – Mr. Kibria. My main concern was having a record on file that would prevent me from jobs. From the very beginning he made me feel comfortable as he was attentive and always available. I got a favorable outcome and could not be more satisfied with his work. He and his firm were amazing from beginning to end. He did exactly what he told me he would do from the start and always kept my anxiety at bay. Also the fees and rates at this firm were amazing given then lengths they go to to deliver the best representation in town. Mr. Kibria and his firm get my highest recommendation!read more
Yeshiwas Sewayehu
Yeshiwas Sewayehu
14:27 26 Nov 19
Outstanding DC defense lawyer. Can’t say enough. Got my case dismissed immediately. Also was always available when I needed him from minute one. Great rates too. Simply the best! Mr. Kibria and his firm are exceptional.read more
Adarsh Natwa
Adarsh Natwa
18:17 18 Nov 19
Mr. Kibria did an exceptional job representing me. I was in a wrong place, wrong time situation, and Mr. Kibria did his best in getting my case dismissed ASAP. He only ensured the best outcome for me, and I’m thankful for his services. On top of that he treated me like a family member and was ALWAYS available to me and my family members who had questions. ALWAYS AVAILABLE! Fantastic DC defense lawyer. Also outstanding rates. In short, I’d say the best in the business in DC!read more
Marcus Smith
Marcus Smith
16:31 15 Nov 19
Unmatched professionalism and service. Mr. Kibria was excellent. He got my cases dismissed and did it all while keeping my anxiety low. Not only did he dismiss all if my cases he was always available when I needed me and took care of me like I was family. Firm was also immensely fair with their rates/fees. Cant say enough about Mr. Kibrias representation of me. Outstanding DC defense lawyer! The only attorney in DC you should look to.read more
donna maurer
donna maurer
15:02 15 Nov 19
Mr. Kibria and his firm were amazing. We don’t know what we’d do if he didn’t answer the phone. Truly a god-send. No one else even picked up. Then in regards to handling me and my case. Mr. Kibria treated me like a family member. He went above and beyond the call of duty and got me through a very difficult situation. He delivered in excellent fashion. Can’t say enough about him and the firm. A great attorney. He has my highest recommendation!read more
Tiki Taka
Tiki Taka
15:14 28 Oct 19
Mr. Kibria and his firm were fantastic! Got my serious case dismissed. But above all its clear that the reviews and reputation are above and beyond everything i read before hiring him and the firm. He truly goes above and beyond the call of duty and he truly cares for the client. Also always available when needed and always answering all questions concerns and anxiety. The best. I urge everyone to retain this firm if they need a DC defense lawyer. Fees are also very fair given that he is top dc lawyer.read more
Clinton Leonard
Clinton Leonard
15:48 25 Oct 19
Amazing attorney and firm. Excellent DC defense attorney. Simply put he made my problems go away almost in a snap. Always available when i needed him and also extremely fair in regards to fees. This firm and Mr. Kibria are the go to if you need a top DC lawyer.read more
Tre Carlee
Tre Carlee
16:03 18 Oct 19
Mr. Kibria and his firm were superb. I can’t say enough. Amazing lawyer. Had a serious case but he got it dismissed immediately. I didn’t have to do a thing. He was always available whenever i needed to talk. Always kept me informed and calm and did everything he said he was going to do. Great dc defense attorney. The lawyer and the firm to hire if you need one in DC. Truly outstanding!read more
John Harrison
John Harrison
15:16 18 Oct 19
Mr. Kibria and his firm were amazing. I was charged unfairly for a wrong place wrong time deal. Mr. Kibria got my case dismissed immediately. I was so relieved. He was available to me at all times to answer all my questions and keep me calm. He did exactly what he said he would do. I am going to keep him as my lawyer for everything. Also very fair on fees. You should absolutely call Mr. Kibria if you are in trouble.-Attorney Nabeel Kibriaread more
Hyeon Jo
Hyeon Jo
13:59 17 Oct 19
Mr. Kibria and his firm were amazing! Had a serious case but Mr. Kibria got it dismissed immediately. He is a great DC defense attorney. Amazing client engagement and responsiveness. Available at all times of need and very fair with fees. Beyond pleased. Please call Mr. Kibria if you need a DC attorney!read more
Abdul Ab
Abdul Ab
14:09 10 Sep 19
Mr. Kibria and his firm were excellent. Got bogus case dismissed immediately. Excellent client engagement and communication. Extremely satisfied. Highly recommend. Great DC attorney.read more
Umair Ali
Umair Ali
18:13 05 Sep 19
Nabeel and his firm are as good as it gets. Nobody better if you’re in trouble in DC. Hands down the best Washington DC criminal and DUI lawyers around! Don’t waste your time or money with anyone else. Put your trust and life in these guys hands. They will absolutely take care of you and always have your best interests at heart.read more
William Matthews
William Matthews
14:30 30 Aug 19
Mr. Kibria and his firm were excellent. Got my case dismissed. Excellent attorney who was always available when needed and fought aggressively for me. Also very fair with fees. I highly recommend him and the firm. If you need a DC defense attorney make sure to call him.read more
Helton mejia
Helton mejia
17:37 28 Aug 19
I was really scare to start this process, being my first offense. I was expecting the worst based on my case but Mr. Kibria. fought for my case and got me a way lower outcome. Excellent DC defense attorney. Always available when I needed him. He is the guy to call in DC. Highest Recommendation!read more
정우영
정우영
14:00 27 Aug 19
Mr.Kibria and his firm were excellent. Adjusted court dates for me due to travel and got my case dismissed immediately. Communication and client service was unbelievable. Excellent attorney , excellent firm. Highest recommendation. Be sure to call them.read more
Franklin Osorio
Franklin Osorio
15:44 13 Aug 19
Mr. Kibria is an excellent DC defense attorney. Made a bad situation go away. He got my case dismissed. Also his care and communication are second to none. Always available when needed with answers to all questions. Also he and his firm were very fair and generous when it came to pricing. Mr. Kibria and his firm are the go to for sure in Washington DC. Highest recommendation.read more
Samantha W
Samantha W
14:51 07 Aug 19
Nabeel is an excellent attorney. He was always available for questions and kept me informed through every step of the process. I am co fife the that with any other lawyer, my situation would have been quite different. Mr. Kibria did everything in his power to help me and was personally invested in me. I am so grateful for his help.read more
Noe Martinez
Noe Martinez
16:30 06 Aug 19
Mr. Kibria was outstanding. Best Washington DC defense attorney hands down. Took a terrible situation and resolved it for me. He got my case dismissed. On top of everything his communication and responsiveness are exceptional. He was there at all times of need. Also very affordable for a top lawyer. I highly recommend him and his firm.read more
Justice Wayne
Justice Wayne
15:48 28 Jun 19
Very professional and handle my case very well. Fight very hard for the case and made the impossible happen in my case. I Would recommend him to anyone. I would say hes the best Washington DC criminal defense lawyer. His communication and client engagement are unmatched. Mr. Kibria and his firm are the people to go to. Also prices were incredibly fair.read more
Peter Otunba
Peter Otunba
17:10 25 Jun 19
Mr. Kibria and his firm were excellent. He made a terrible situation a lot better and was willing to keep on fighting at every turn. He had my back throughout the process. Excellent DC defense attorney, also extremely affordable for a top rated DC lawyer. I highly recommend him and his firm.read more
Eyob Mengistu
Eyob Mengistu
16:21 25 Jun 19
Mr. Kibria and his firm were excellent. Fantastic DC defense attorney. Went above and beyond the call for me. Got my case dismissed within the first appearance. Mr. Kibria has my highest recommendation! Also very fair when it came to his fees- best I’ve seen for a top rated attorney.read more
Ken Baktai
Ken Baktai
17:04 21 Jun 19
Mr Kibria and his firm were excellent. He got my case dismissed immediately. Great DC defense lawyer. I highly recommend him and his firm. Very affordable!!!!read more
Pre Gib
Pre Gib
13:26 11 Jun 19
Mr. Kibria and his firm were excellent. Got my case dismissed right away. Excellent dc defense attorney. Great communication. Gave me an idea from the start how things would go and what he would do and that’s exactly what he did. I give him and his firm my highest recommendation.read more
Jesus Enriquez
Jesus Enriquez
13:52 29 May 19
Mr Kibria and he’s law firm did a magnificent job helping me with my federal criminal case. He helped me answer questions and weren’t even related to the case. I would definately recommend his business and his trust. Excellent DC defense attorney!read more
Eamonn McCaffrey
Eamonn McCaffrey
16:14 20 May 19
Mr. Kibria and his firm are amazing. I can’t say enough. Initially I was with a public defender. Although I had met and consulted with Mr. Kibria I decided to stay with the public defender figuring it was all the same with any lawyer. I was so wrong. My public defender was forcing me to eat a bs charge and i basically thought I had no choice but to agree. Weeks later when I was in court ready to eat the charge, Mr. Kibria saw me an asked what I was doing. I told him and he said I was crazy to eat a charge given the facts of my case. He said he would get my case dismissed. He took my case right then and there and requested a dismissal,l. In fact he got the government to agree to dismissal even before I had paid him. He got my case dismissed as he said he would. Unbelievable. He is the best defense attorney in Washington DC bar none. If you need a defense lawyer in dc don’t bother calling anyone else.read more
Rebecca Huang
Rebecca Huang
15:13 03 May 19
Mr . Kibria and his from were excellent. He told me how things were going to go from the start and that’s exactly how it went, in fact better. Client engagement and communication were second to none. Great DC defense attorney. Highly recommended.read more
Markee Young
Markee Young
13:37 30 Apr 19
Wow. Amazing. Hired Mr. Kibria to replace public defender for some crazy trumped up charges the police were trying to bring me down on, some serious charges. Mr. Kibria was on the case for 3 weeks and got my case completely dismissed even before the next court date! Truly preserved my life and career. This guy is the defense attorney in DC to hire. Don’t mess around with any other lawyers, directly call this man.read more
Sami Swag
Sami Swag
16:40 23 Apr 19
Great firm, great attorney. Mr. Kibria is an excellent DC defense attorney. He got my case dismissed and got me through the court process very fast. He told me exactly how things would go when he took my case and that’s exactly how it went. His communication with me at all times was great and immediate. Also he was very generous to me with his rates since I am a student. I highly recommend him and this firm.read more
Victoria Steriopoulos
Victoria Steriopoulos
13:59 23 Apr 19
Mr. Kibria and his firm were excellent throughout the entire process. Mr. Kibria is a great DC defense attorney, he got my case dismissed immediately. Highly responsive and great fee rates. He’s the lawyer to go to in DC.read more
Keith Jones
Keith Jones
16:14 19 Apr 19
Mr Kibria is a fantastic and expert DC defense attorney. He was outstanding every step of the way. On top of everything his communication and client advocacy is second to none. Also affordable. I give him and the firm my highest recommendation.read more
Wilmer Meza
Wilmer Meza
13:51 19 Mar 19
Excellent Washington DC defense attorney. I was from out of state and he got my case dismissed immediately. I did not have to come back to court. Great communication and very affordable. I highly recommend.read more
orin mcintosh
orin mcintosh
15:47 26 Feb 19
Mr. Kibria is an excellent DC defense attorney. He got my case dismissed immediately. Furthermore his communication and client engagement is unlike any other. I highly recommend. Also very affordable.read more
Arnab Kar
Arnab Kar
13:40 15 Aug 18
I hired Mr Kibria for a fedral court case . He got rid of my case right away. Mr Kibria is a fantastic defense attorney. I was extremely pleased with him. Extremely affordable and highly personalized service. His communication throughout the process was exceptional.If you need a defense attorney in the District of Columbia you should definitely hire him and his firm!read more
Nancy Hernandez
Nancy Hernandez
15:37 13 Aug 18
I hired Mr. Kibria I had a serious charge gave me a excellent price he helped me out through the whole process. I really recommend him. Did a amazing job ! Great customer service.read more
Reco jackson
Reco jackson
14:22 13 Aug 18
I retained Mr. Kibria to represent against some serious charges that would have come with definite jail time and seriously affected/complicated my life and my family.However Mr. Kibria fought hard throughout the entire process to ensure that i would not face the terrible hardships the charges presented and in fact gor a great deal that allowed me to continue on with my life and take care of my family.Above all he provides highly personalized representation and was available to me anytime i needed him and provided clear communication at all times. He and his firm were also extremely affordable. If you need a DC attorney I highly recommend Mr. Kibria and this firm.read more
Kathon Van Hook
Kathon Van Hook
14:23 06 Aug 18
I hired Mr Kibria to help with me with some serious , complicated, complex and frankly nerve wracking issues. I retained Mr. Kibria and his firm based on his extensive experience and practice in DC. Mr. Kibria walked me through exactly how he was going to handle my case and resolve my situation. Mr. Kibria delivered on all his promises. His services were highly personalized and his communications with me were constant and clear. He was available whenever I needed him. He took care of my issues exactly as he said e would.If you need a defense lawyer in The District of Columbia. Mr. Kibria is definitely the guy to hire!read more
Karmen Josipovic
Karmen Josipovic
14:19 10 Jul 18
He was great the case was imideatelly dismissed. Extremely affordable. Excellent DC criminal lawyer. A must hire if you are in legal trouble in DC.read more
Next Reviews
  • review rating 5  Great firm, great attorney. Mr. Kibria is an excellent DC defense attorney. He got my case dismissed and got me through the court process very fast. He told me exactly how things would go when he took my case and that’s exactly how it went. His communication with me at all times was great and immediate. Also he was very generous to me with his rates since I am a student. I highly recommend him and this firm.

    thumb Sami Swag
    4/23/2019
  • review rating 5  Mr. Kibria and his firm were excellent. Got my case dismissed right away. Excellent dc defense attorney. Great communication. Gave me an idea from the start how things would go and what he would do and that’s exactly what he did. I give him and his firm my highest recommendation.

    thumb Pre Gib
    6/11/2019
  • review rating 5  Mr. Kibria and his firm are amazing. I can’t say enough. Initially I was with a public defender. Although I had met and consulted with Mr. Kibria I decided to stay with the public defender figuring it was all the same with any lawyer. I was so wrong. My public defender was forcing me to eat a bs charge and i basically thought I had no choice but to agree. Weeks later when I was in court ready to eat the charge, Mr. Kibria saw me an asked what I was doing. I told him and he said I was crazy to eat a charge given the facts of my case. He said he would get my case dismissed. He took my case right then and there and requested a dismissal,l. In fact he got the government to agree to dismissal even before I had paid him. He got my case dismissed as he said he would. Unbelievable. He is the best defense attorney in Washington DC bar none. If you need a defense lawyer in dc don’t bother calling anyone else.

    thumb Eamonn McCaffrey
    5/20/2019
  • review rating 5  Mr Kibria is a fantastic and expert DC defense attorney. He was outstanding every step of the way. On top of everything his communication and client advocacy is second to none. Also affordable. I give him and the firm my highest recommendation.

    thumb Keith Jones
    4/19/2019
  • review rating 5  Mr . Kibria and his from were excellent. He told me how things were going to go from the start and that’s exactly how it went, in fact better. Client engagement and communication were second to none. Great DC defense attorney. Highly recommended.

    thumb Rebecca Huang
    5/03/2019
  • review rating 5  Mr Kibria and his firm were excellent. He got my case dismissed immediately. Great DC defense lawyer. I highly recommend him and his firm. Very affordable!!!!

    thumb Ken Baktai
    6/21/2019
  • review rating 5  Mr. Kibria and his firm were excellent. Fantastic DC defense attorney. Went above and beyond the call for me. Got my case dismissed within the first appearance. Mr. Kibria has my highest recommendation! Also very fair when it came to his fees- best I’ve seen for a top rated attorney.

    thumb Eyob Mengistu
    6/25/2019
  • review rating 5  Mr. Kibria and his firm were excellent. He made a terrible situation a lot better and was willing to keep on fighting at every turn. He had my back throughout the process. Excellent DC defense attorney, also extremely affordable for a top rated DC lawyer. I highly recommend him and his firm.

    thumb Peter Otunba
    6/25/2019
  • review rating 5  Very professional and handle my case very well. Fight very hard for the case and made the impossible happen in my case. I Would recommend him to anyone. I would say hes the best Washington DC criminal defense lawyer. His communication and client engagement are unmatched. Mr. Kibria and his firm are the people to go to. Also prices were incredibly fair.

    thumb Justice Wayne
    6/28/2019
  • review rating 5  Mr. Kibria was outstanding. Best Washington DC defense attorney hands down. Took a terrible situation and resolved it for me. He got my case dismissed. On top of everything his communication and responsiveness are exceptional. He was there at all times of need. Also very affordable for a top lawyer. I highly recommend him and his firm.

    thumb Noe Martinez
    8/06/2019

Top Rated Marijuana Defense Attorney

Let’s Discuss Your Case: 703-962-7790

Fairfax Possession of Marijuana Lawyer

In Fairfax County Virginia possession of even the smallest quantity of marijuana carries a number of possible penalties including a fine, jail time, and a mandatory drivers license suspension.  Regardless of the punishment the court imposes, having a criminal conviction for possession of any drug, including marijuana, can be detrimental or even act as an absolute bar to certain types of employment or affect your ability to pass a tenant screening check when applying for an apartment..  There are a number of issues that may arise in a possession of marijuana case of which your attorney should be aware.  It is strongly advised that you consult a Fairfax County Possession of Marijuana Lawyer before you go to court.

 

Fairfax Marijuana lawyer

Don’t Feel Pressured to Plead!

For first offenders, a 251 diversion pleading may not sound like a bad option.  And, in many cases, it’s not.  But don’t settle for that right out of the gates.  Have your case examined by experienced marijuana defense attorneys first to determine whether a diversion pleading is the proper course of action.  It’s always better to have a nolle prosequi or not guilty on your record than a dismissed due to 251 diversion pleading.

Schedule Free Consultation

Experienced Marijuana Defense Throughout Northern Virginia

Possession of Marijuana Defense

Possession of Marijuana is illegal in Virginia pursuant to VA Code 18.2-250.1.  Under the statute, possession must be proven to have been “knowing” or “intentional.”  This requirement is one of the first aspects of your case that we will directly address at Ervin Kibria.  These possession requirements mean that the government must prove that you either knew about the marijuana or that you intended to have marijuana in your possession, and that it wasn’t unintentional.  Sometimes, this can be significant burden for the prosecution.  The prosecution must prove beyond a reasonable doubt that the defendant was (1) aware of the presence and (2) character of the drug, and (3) that the defendant possessed it.  This issue of “possession” is critical – mere presence near or in the proximity of marijuana is not enough to establish a person’s possession of the drug.

Often times, the prosecution is forced to resort to “constructive possession” of the marijuana.  In a constructive possession argument, the prosecution will offer circumstantial evidence concerning acts, statements, or conduct of the defendant that could lead the judge or jury to believe that the defendant was both aware of the presence of the marijuana and experience dominion over it.  However, having an experienced marijuana defense attorney can make it very difficult for the prosecution to prove that the defendant possessed – actually or constructively – the marijuana.

Penalties For a First Offense of Possession of Marijuana:

  • Misdemeanor conviction
  • Up to 30 days in jail
  • $500 fine
  • 6 months lost of driver’s license (even if you were not driving at the time of your arrest).

Possession with Intent to Distribute (PWID)

Possession of marijuana with the intent to distribute is illegal under VA Code 18.2-248.1.  There a number of factors that are considered by both the arresting officer and the Commonwealth’s Attorney assigned to the case in determining whether to charge the defendant with simple possession of marijuana or with possession with intent to distribute.

  1. Packaging – splitting up portion of marijuana (or any illicit drug for that matter) in plastic bags is an indication that the defendant was intending to distribute the drug.
  2. Scales and other equipment – if the officers find equipment used for measuring out allotments of marijuana or any other drug, it is very likely that you will be charged with PWID.
  3. Quantity – the amount of marijuana that you have in your possession is also a very strong indictor of your intent.  Generally a small amount is considered to be for personal consumption and will be treated as simple possession.  A large amount, however, is another indicator that you were intending to distribute the marijuana, rather than just use it individually.
  4. Defendant’s Behavior – the officer will provide testimony as to to the defendant’s statements or behavior, which could signal that the defendant intended to distribute the marijuana.
  5. Money – having a large amount of money present at the same time that marijuana (or any other drug) is discovered will immediately raise red flags concerning whether there was an intent to distribute the drug.  This generally suggests profits of previous sales of marijuana.

Penalties for Possession of Marijuana With Intent to Distribute (PWID):

  • Class 1 Misdemeanor Conviction
  • Up to 12 months jail
  • Up to $2,500 fine
  • Loss of driver’s license
  • Violations with more than 1/2 ounce of marijuana, but less than 5 pounds is a class 5 felony and is punishable by up to 10 years in prison.
  • Violations with more than five pounds of marijuana is a felony punishable by 5 to 30 years in prison.

First Time Possession of Marijuana Offense

Charged with your first possession of marijuana offense?  Click here!

Marijuana Possession & Illegal Searches

The Fourth Amendment of the Constitution protects against unreasonable searches and seizures, and this constitutional right is most often implicated in drug related offenses, particularly possession of marijuana.

Since the only evidence that can be used against you in court is the evidence that the police discover, it is critical to hire a marijuana defense attorney that can properly examine the facts of your case, the situation behind the search, and determine whether or not the search was conducted properly and that it was constitutionally valid.  If the search was not valid – generally because the police did not have probably cause to conduct the search – then all the evidence found cannot be used in court against you.  Often the result is that the charges against you will be dropped.

The Probable Cause Requirement For a Search

Police may search a suspect without first getting a search warrant only if probable cause exists to conduct the search.  This often comes into play in situations where the defendant has been pulled over while operating a motor vehicle.  Because the vehicle is a moving object, and is being operated on a public highway, there is a far lower expectation of privacy than, say, in your home.  Consequently, probable cause is all that is necessary to conduct a search of a vehicle.  However, the Supreme Court of the United States has held that the probable cause must be “particularized to the particular area of the vehicle.”  Consequently, just because an officer claims to smell marijuana, that itself does not give the officer probable cause to search every inch of the vehicle.  Rather, he only has probable cause to search areas of the vehicle that have a  “reasonable probability” of hiding marijuana.

Searching the Trunk of a Vehicle Upon Probable Cause of Possession of Marijuana

Whether or not an officer has probable cause to search the trunk of a vehicle that has been lawfully stopped to search for marijuana largely turns on whether the officer claims to smell “burnt” or “raw” marijuana.  While Virginia courts have not directly address this issue, the Court of Appeals for the 10th Circuit has made this distinction crystal clear.  If the officer smells burning marijuana coming from the passenger compartment of a vehicle that he/she has lawfully stopped, that officer then has probable cause to search ONLY the passenger compartment of that vehicle because it is not reasonable to suggest that the smell of burning marijuana is emanating from the trunk of the vehicle.  If, however, the officer testifies that he/she smelled “raw” marijuana, then the probable cause shifts to a wider “particularized area” because the probable cause relates to the possession of marijuana, and not necessary just to its use.  Again, having an experienced marijuana defense attorney is critical to determining whether any of these unjust search issues apply to your case.

Browse here to know more about Criminal Defense Attorney Fairfax Virginia.

Related Tags:
first offense DUI Fairfax Virginia251 First Offender Fairfax VirginiaDUI Lawyer Fairfax VirginiaDUI Attorney Fairfax VirginiaFairfax Criminal Defense Attorney

Virginia Marijuana Offense Penalty List:

  • First Offense Possession – Maximum jail time of 30 days
  • Subsequent Possession Offenses – Up to 12 months jail
  • Possession of Marijuana With Intent to Distribute (PWID) – Up to 12 months jail.
  • Possession of Marijuana With Intent to Distribute, Over 1/2 ounces but less than 5 pounds – 1 to 10 years prison.
  • Possession of Marijuana With Intent to Distribute, Over 5 pounds – 5 to 30 years prison.
  • Possession of Marijuana With Intent to Distribute, 3rd or subsequent felony – Up to 12 months jail.
  • Selling less than 1 ounce of marijuana to a minor – 10 to 50 years jail, with a mandatory minimum of 2 years prison.
  • Selling more than 1 ounce of marijuana to a minor – 10 to 50 years jail, with a mandatory minimum of 5 years prison.
  • Manufacturing Marijuana Not for Personal Use – 5 to 30 years prison.
Fairfax Possession of Marijuana Lawyer