Underage Possession Defense Lawyer in Henrico County, Virginia
Underage possession of alcohol or marijuana is a Class 1 misdemeanor in Henrico County under Va. Code § 4.1-305, carrying up to 12 months in jail, a $2,500 fine, and a driver’s license suspension. Law Offices Of SRIS, P.C. provides focused defense for minors facing these charges at Henrico County General District Court.
Virginia Law on Underage Possession
Virginia law strictly prohibits the possession of alcoholic beverages by any person under 21 years of age, as defined in Va. Code § 4.1-305. Similarly, possession of marijuana by a minor is illegal under the state’s controlled substances laws. A conviction is a Class 1 misdemeanor, which creates a permanent criminal record that can affect college admissions, financial aid, employment, and military service eligibility.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm combines over 120 years of legal experience. We apply this deep knowledge to protect the futures of young clients in Henrico County.
Official Legal Resources
- Va. Code § 4.1-305 (Underage Possession of Alcohol) – Official statute from the Virginia General Assembly.
- Henrico County General District Court – Official court website for case information and procedures.
Handling an Underage Possession Case in Henrico County
In Henrico County, these cases are prosecuted by the Commonwealth’s Attorney and heard at the Henrico County General District Court. The court may offer first-offender or diversion programs under Va. Code § 19.2-303.2, where successful completion can lead to dismissal. An Underage Possession Defense Attorney Henrico County can negotiate for these alternatives to avoid a conviction.
- Secure Representation Immediately: Contact an attorney before the court date. An early intervention can shape the prosecution’s initial approach.
- Case Assessment: Your lawyer will review the arrest details, challenge the legality of any search, and evaluate the strength of the evidence.
- Explore Diversion: Advocate for admission into a first-offender program, which typically involves community service, alcohol education, and a period of good behavior.
- Court Appearance: Your attorney will represent you at all hearings, presenting arguments for dismissal, reduction, or diversion to the judge.
- Post-Disposition: If diversion is granted, ensure all conditions are met perfectly to secure the final dismissal of charges.
Potential Penalties for Underage Possession
In Henrico County, a conviction for underage possession of alcohol or marijuana as a Class 1 misdemeanor can result in up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension of at least six months and up to one year.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underage Possession of Alcohol (Va. Code § 4.1-305) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-12 month suspension | Permanent criminal record; possible impact on college/jobs |
| Underage Possession of Marijuana | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Court discretion | Permanent criminal record; drug education may be ordered |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Underage Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, giving us insight into how these cases are built and argued. We understand that a charge during your teenage or young adult years can have disproportionate consequences, and we fight to protect your future. Our Underage Possession Defense Legal Counsel Henrico County approach is case-specific to seek dismissals, reductions, or diversionary outcomes that avoid a lasting conviction.
Documented Case Results in Henrico County
Our firm has a documented history of favorable outcomes in Henrico County courts. For example, we have secured dismissals for charges such as reckless driving and passing a school bus in Henrico General District Court.
Results may vary. Prior results do not aim for a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Local Defense for Henrico County Charges
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 977-3859
By appointment only.
Our Richmond location serves clients at the Henrico County General District Court on East Parham Road. We provide Underage Possession Defense Lawyer Henrico County services to residents in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. Facing an underage possession charge can be stressful; we offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only.
Underage Possession Defense FAQs for Henrico County
What are the penalties for underage drinking in Henrico County?
Yes, penalties are severe. Underage possession of alcohol is a Class 1 misdemeanor under Va. Code § 4.1-305, punishable by up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension of six months to one year, even if no vehicle was involved.
Can an underage possession charge be expunged in Virginia?
It depends. Expungement under Va. Code § 19.2-392.2 is generally available if the charge is dismissed, you are found not guilty, or the prosecution enters a nolle prosequi. A conviction is much harder to expunge. An Underage Possession Defense Attorney Henrico County can advise if your case outcome qualifies.
Will I go to jail for a first-time underage possession charge?
For a first offense, incarceration is less common, especially with an attorney advocating for you. The primary goals are often to avoid a conviction through diversion, minimize fines, and address the mandatory license suspension. Each case is unique.
Do I need a lawyer for an underage possession ticket?
Yes. While it may seem like a minor offense, the potential penalties—including a permanent criminal record and license suspension—are serious. A lawyer can seek diversion to avoid a conviction, challenge improper stops or searches, and negotiate for the best possible outcome.
What is a first-offender program for underage possession?
First-offender or diversion programs, often under Va. Code § 19.2-303.2, allow eligible first-time offenders to complete terms like community service, alcohol education, and probation. Upon successful completion, the charge is dismissed. An Underage Possession Defense Legal Counsel Henrico County can petition the court for your admission into such a program.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and Hanover County. If you are facing other charges, explore our related services for DUI defense in Henrico County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding underage possession defense in Henrico County.