Virginia Marijuana Possession Lawyer in Fairfax VA

Awards and Accolades



      Contact Ervin Kibria Today:

      Give us a call and arrange a free consultation.

      Washington, DC:

      800 Connecticut,
      Ave NW SUITE 323,
      Washington, DC 20006
      Direct: (202) 689-4439
      Fax: (866) 709-5280


      4023 Chain Bridge Rd.
      Suite 5
      Fairfax, VA 22030
      Direct: (703) 962-7790
      Fax: (866) 709-5280

      • I wouldn’t want to work with anybody but him especially in the case I had ! Great at responding no matter what time of day it is. Knows all his… read more

        Dylan Noble Avatar Dylan Noble
        May 17, 2023
      • Awsome experience! Definitely recommend

        Nathaniel t Avatar Nathaniel t
        May 16, 2023
      • Mr.Kibria is number 1 in DC his work ethic is outstanding 💯

        Hal Gaffney Avatar Hal Gaffney
        May 16, 2023
      • Mr. Kibria has been simply amazing. He’s very knowledgeable. I can’t recommend him enough!

        Laura Fernandez Avatar Laura Fernandez
        May 16, 2023
      • Nabeel simply the best, good communication and discuss clearly the points. He has dismissed my ticket. I highly recommend him for any traffic infractions.

        Mustafa Kamal Azami Avatar Mustafa Kamal Azami
        May 9, 2023
      • Attorney Kibria was very knowledgeable about his job and DC laws. He kept me updated every time there were news to my case. He is a very professional Attorney and… read more

        Yesenia Gutierrez Avatar Yesenia Gutierrez
        May 2, 2023
      • Known Mr. Kibria from a while through the professional world. He is hands down the best attorney anyone could possibly have in DC.

        Tianni Wilson Avatar Tianni Wilson
        April 23, 2023
      • Mr. Kibria was extremely helpful in our case. He provided quick responses, explained processes thoroughly, and ensured all my questions were answered. I highly recommend this law firm if you… read more

        Mariah A Avatar Mariah A
        April 23, 2023
      • Definitely the best attorney in dc! Will be referring to all my family and friends.

        Davon Williams Avatar Davon Williams
        April 23, 2023
      • I googled “best lawyer in D.C.” and Nabeel Kibria was top of the list. After a little research I decided I would ask for his help on my case. Mr.… read more

        Carlos Garcia Avatar Carlos Garcia
        April 23, 2023

      Virginia Marijuana Possession Lawyer

      The national narrative regarding marijuana is undoubtedly changing, but in Virginia possession of marijuana is still treated as an extremely serious crime.  Being found to be in possession of even the smallest amount of marijuana can easily result in a criminal conviction, a suspension of your drivers license, probation, and a suspended jail sentence.  And that’s just on your first offense!  If you have been charged with possession of marijuana in Virginia – particularly in Arlington, Alexandria, Fairfax, Loudoun, or Prince William counties – it is critical to discuss your case with an experienced Virginia marijuana defense attorney to protect your rights and avoid serious consequences.

      Virginia first offense marijuana possession

      I Was Only Issued a Summons!  Is This Actually Serious!?

      Virginia first offense marijuana possessionBecause a first offense possession of marijuana charge will usually result in a summons being issued rather than being taken away in handcuffs, many of my clients initially assume it is not that big of a deal.  Common sense seems to dictate that if you were being charged with a serious offense, then you would be arrested.  That’s just what happens to criminals.  Unfortunately, it’s not that simple.

      Although you were only issued a summons, you were still charged with a misdemeanor, and the penalty for a marijuana conviction is not going to be a simple fine.  If you are convicted of possession of marijuana, VA Code 18-250.1 requires a mandatory 6 months loss of driver’s license (even if you were not driving at the time of your arrest).  You are facing up to 30 days in jail (although, generally all imposed jail time will be suspended), and a year of “good behavior” probation – which means if you are convicted of violating a law over the next year, the entire jail sentence for the marijuana conviction can be imposed.

      Simply stated, this is not a charge to take lightly.

      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.

      How to Fight a Possession of Marijuana Charge in 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.

      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.
      Virginia Marijuana Possession Lawyer