Simple possession of a controlled substance in Roanoke County is a serious offense under Va. Code § 18.2-250, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 3 documented results in Roanoke County for criminal charges. A strong defense is critical to protect your record and future.
Virginia Law on Simple Possession
Simple possession of a controlled substance is defined under Va. Code § 18.2-250. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. The statute covers possession of substances listed in Schedules I through VI without a valid prescription. A conviction creates a permanent criminal record, impacting employment, housing, and professional licenses. The law distinguishes between simple possession and possession with intent to distribute, which is a felony.
Last verified: April 2026 | Roanoke County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to Va. Code § 18.2-250 (official Virginia General Assembly). Court procedures and filing information for Roanoke County can be found at the Roanoke County General District Court website.
Local Court Process for Simple Possession Charges
In Roanoke County, simple possession cases begin with an arrest or summons. All misdemeanor trials are held at the Roanoke County General District Court. Prosecutors in this jurisdiction often consider first-offender programs under Va. Code § 19.2-303.2 for eligible defendants. A skilled criminal attorney can negotiate for these alternatives to avoid a conviction.
- Attend your arraignment at Roanoke County General District Court (305 East Main Street, Salem) and enter a plea.
- Your defense lawyer will file motions to suppress evidence if constitutional violations occurred during the search or arrest.
- Negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or entry into a first-offender program.
- If no agreement is reached, prepare for and proceed to a bench trial in General District Court.
- If convicted in GDC, you have the right to appeal for a new trial in Roanoke County Circuit Court.
Potential Penalties for Simple Possession in Roanoke County
In Roanoke County, simple possession is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine, plus a mandatory six-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Drug education, probation, permanent record |
| Simple Possession (Subsequent) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Increased likelihood of jail time |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local procedures in Roanoke County courts and build defenses focused on challenging the legality of searches and the chain of custody of evidence.
Documented Case Results in Roanoke County
Law Offices Of SRIS, P.C. has 3 documented results in Roanoke County for criminal charges, including 1 case dismissed or found not guilty, resulting in a 33% favorable outcome rate for this locality. Our criminal court lawyer team works to achieve dismissals, reductions, or favorable plea agreements.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Roanoke County Simple Possession Lawyer
Our Shenandoah/Woodstock location serves clients at Roanoke County courts. We are a short drive from Salem, Vinton, and Cave Spring via I-81 and Route 11. If you need a simple possession lawyer near Roanoke County, contact us 24/7.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (540) 459-4524
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Salem, Vinton, Cave Spring, Hollins, and Catawba.
Frequently Asked Questions
What is the penalty for a misdemeanor in Roanoke County, Virginia?
A Class 1 misdemeanor in Roanoke County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases are heard at Roanoke County General District Court.
Can criminal charges be expunged in Roanoke County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Roanoke County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Roanoke County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Roanoke County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Roanoke County General District Court.
Do I need a criminal defense lawyer in Roanoke County, Virginia?
Yes. Criminal charges in Roanoke County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. A defense lawyer protects your rights and builds your case.
What is the difference between GDC and Circuit Court in Roanoke County?
Roanoke County General District Court handles misdemeanor trials and felony preliminary hearings. Roanoke County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Related Legal Information
If you are facing other charges, our firm also provides representation for DUI defense in Roanoke County and reckless driving in Roanoke County. For an overview of our statewide practice, visit our Virginia criminal defense lawyer hub page. We also assist clients in nearby jurisdictions like Shenandoah County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For the background behind a Roanoke County charge, our page explains how Virginia federal courts handle simple possession.