Simple Possession Lawyer Arlington County — What Are Your Defense Options?
Simple possession of a controlled substance in Arlington County is a Class 1 misdemeanor 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 21 documented results in Arlington County for drug-related charges. A strong defense is critical to protect your record and future.
Virginia Law on Simple Possession
Simple possession, defined under Va. Code § 18.2-250, involves knowingly possessing a controlled substance without a valid prescription. The severity depends on the drug’s schedule. For marijuana, possession of up to one ounce by an adult is a civil violation with a $25 fine under Va. Code § 4.1-1100. However, possession of any other controlled substance, such as cocaine, methamphetamine, or prescription drugs like Adderall without a prescription, is a criminal misdemeanor. The law does not require intent to distribute; mere possession for personal use is sufficient for a charge.
Last verified: March 2026 | Arlington County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the Virginia drug possession statute, refer to the official Va. Code § 18.2-250 on the Virginia Legislative Information System. Court procedures and forms for Arlington County can be found on the Arlington County General District Court website.
Handling a Simple Possession Case in Arlington County
Arlington County prosecutors often offer first-time offender programs for simple possession charges deemed for personal use. Successfully completing such a program under Va. Code § 18.2-251 can lead to dismissal. The key is demonstrating the possession was for personal use, not distribution, which a skilled drug possession defense lawyer Arlington County can argue effectively.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to review all police evidence.
- Evaluate defense strategies, such as challenging the legality of the search or seizure.
- Negotiate with the Commonwealth’s Attorney for a reduction, diversion program, or dismissal.
- If no favorable plea is reached, prepare for and proceed to trial.
Penalties for Drug Possession in Arlington County
In Arlington County, simple possession of a Schedule I or II controlled substance is a Class 5 felony punishable by 1-10 years in prison, or at the jury’s discretion, up to 12 months in jail and a $2,500 fine. Possession of other scheduled drugs is a Class 1 misdemeanor.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Schedule I/II (e.g., cocaine, meth) | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Driver’s license suspension for 6 months | Permanent criminal record, loss of professional licenses, difficulty finding employment and housing. |
| Possession of Schedule III-VI (e.g., steroids, prescription drugs) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Driver’s license suspension for 6 months | Criminal record, possible immigration consequences for non-citizens. |
| Marijuana Possession (over 1 oz) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Driver’s license suspension for 6 months | Criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Arlington County Drug Cases
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Arlington County, we have documented results for drug-related charges. Our approach is grounded in a detailed review of police procedure and evidence.
Case Results for Drug Charges
Our firm has achieved favorable outcomes in drug possession cases. In one instance, a client facing felony possession charges in a neighboring Virginia county had the charge reduced to a misdemeanor with no jail time. In another, a possession case was dismissed after a successful motion to suppress evidence. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Simple Possession Lawyer Near Arlington County
Our Arlington location serves clients at the Arlington County courts. We represent individuals from Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. Contact us for a 24/7 phone consultation.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: (703) 273-4104
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Arlington County, Virginia?
A Class 1 misdemeanor in Arlington 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).
Can criminal charges be expunged in Arlington 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 Arlington County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Arlington County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Arlington County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Arlington County General District Court.
Do I need a criminal defense lawyer for a simple possession charge?
Yes. Even a misdemeanor drug charge creates a permanent criminal record, can suspend your driver’s license for 6 months, and affects employment and housing. A lawyer can challenge the evidence, seek a first offender program, or negotiate a reduction.
What’s the difference between simple possession and possession with intent?
Simple possession is for personal use, a misdemeanor or low-level felony. Possession with Intent to Distribute (PWID) is a more serious felony based on factors like quantity, packaging, scales, or large sums of cash. The prosecution must prove intent beyond a reasonable doubt.
Related Practice Areas: If you are facing more serious allegations, learn about our work as a Federal Criminal lawyer in Arlington County. For other charges, see our Arlington County DUI defense page.
More Virginia Help: For a broader view of our criminal defense practice, visit our Virginia Criminal Defense Lawyer hub. We also assist clients in Alexandria City.
Page Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding simple possession charges.