Simple Possession Lawyer in Fairfax County, Virginia — What Are Your Options?
Simple possession of a controlled substance in Fairfax County is a serious offense under Va. Code § 18.2-250, punishable by up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended.
Virginia Law on Simple Possession
Simple possession of a controlled substance is defined under Virginia Code § 18.2-250. This statute makes it unlawful for any person to knowingly or intentionally possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner. The law covers all substances listed in Schedules I through VI of the Virginia Drug Control Act. The severity of the charge and potential penalties depend on the specific schedule of the drug involved. A strong defense often requires a detailed understanding of search and seizure law, chain of custody, and intent.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to the official Va. Code § 18.2-250 (official Virginia General Assembly). Court procedures and local rules are managed by the Fairfax County General District Court.
Handling a Simple Possession Case in Fairfax County
Fairfax County prosecutors take drug possession charges seriously. The Commonwealth’s Attorney’s office has specific protocols for these cases. An experienced criminal attorney knows that early intervention is key. In Fairfax County General District Court, prosecutors may offer first-time offenders a diversion program under Va. Code § 18.2-251, which can lead to dismissal upon successful completion. However, eligibility is not automatic and requires skilled negotiation.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will obtain and review all discovery, including police reports and lab analysis.
- File pre-trial motions to challenge the legality of the search or seizure if applicable.
- Negotiate with the Commonwealth’s Attorney for dismissal, reduction, or diversion.
- Prepare for trial in Fairfax County General District Court if a satisfactory plea cannot be reached.
- If convicted, file an appeal to the Fairfax County Circuit Court for a new trial.
Potential Penalties for Simple Possession in Fairfax
In Fairfax County, simple possession is typically a Class 1 misdemeanor carrying up to 12 months in jail, a fine of up to $2,500, and a driver’s license suspension of 6 months.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Schedule I/II) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Drug education program, probation, permanent criminal record. |
| Simple Possession (Schedule III-VI) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Probation, community service, court costs. |
| Second or Subsequent Offense | Class 1 Misdemeanor | Mandatory minimum 30 days possible | Up to $2,500 | 6-month suspension | Increased likelihood of jail time, longer probation. |
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 that a simple possession charge can disrupt your life, and we provide focused, strategic criminal charges defense aimed at protecting your record and your future.
Documented Case Results in Fairfax County
Our team has a documented track record in Fairfax County courts. We have achieved 501 results in this jurisdiction, including 336 cases dismissed or found not guilty, and 143 charges reduced or amended. For example, our attorneys have secured dismissals, reductions from felonies to misdemeanors, and favorable outcomes in probation violation hearings. Of Counsel Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides invaluable perspective on police procedure and evidence challenges.
Results may vary. Prior results do not aim for a similar outcome.
Simple Possession Lawyer Near Fairfax County, VA
Our Fairfax location serves clients at the Fairfax County General District Court (4110 Chain Bridge Road). We represent individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax 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 simple possession (§ 18.2-250). Cases are heard at Fairfax County General District Court.
Can criminal charges be expunged in Fairfax 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 Fairfax County Circuit Court. First-offense simple possession may qualify for dismissal through a first offender program, which can then lead to expungement.
Do I need a criminal defense lawyer for a simple possession charge?
Yes. Charges are prosecuted by the Commonwealth’s Attorney and heard at Fairfax County General District Court. Even a misdemeanor carries up to 12 months jail and creates a permanent record. A lawyer can seek dismissal, diversion, or reduction to protect your future.
What is the difference between GDC and Circuit Court in Fairfax County?
Fairfax County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Fairfax 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.
What is a first offender program for drug possession?
Under Va. Code § 18.2-251, eligible first-time offenders may be placed on probation. Upon successful completion, which includes drug education and clean tests, the charge can be dismissed. An attorney can advise on your eligibility and advocate for your admission into the program.
Related Practice Areas: If you are facing other charges, explore our pages for a Fairfax County DUI lawyer or a Fairfax County reckless driving lawyer.
Nearby Locations: We also serve clients in neighboring jurisdictions like Fairfax City and Falls Church.
Statewide Resource: For more information on Virginia criminal law, visit our Virginia criminal defense lawyer hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.