Simple Possession Lawyer New Kent County — What Are Your Defense Options?
Simple possession of a controlled substance in New Kent 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 documented results defending drug charges in New Kent County General District Court.
Virginia Law on Simple Possession of Drugs
Simple possession, defined under Va. Code § 18.2-250, is the knowing or intentional possession of a controlled substance without a valid prescription. The severity of the charge depends on the drug’s schedule. For example, possession of marijuana is treated differently than possession of Schedule I or II substances like heroin or cocaine. The prosecution must prove you knowingly possessed the drug, which can be actual (on your person) or constructive (within your control, like in a car).
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-250 (official Virginia General Assembly). Court information and procedures can be found at the New Kent County Courts website.
Defending a Simple Possession Charge in New Kent County
In New Kent County General District Court, prosecutors must establish a clear chain of custody for the alleged substance and prove you had knowledge and control of it. A common defense is to challenge the legality of the traffic stop or search that discovered the drugs. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. For first-time offenders, the court may consider a first offender program under Va. Code § 18.2-251, which can lead to dismissal upon completion.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to obtain the prosecution’s evidence, including police reports and lab results.
- Evaluate potential defense strategies, such as challenging the stop, search, or chain of custody.
- Negotiate with the Commonwealth’s Attorney for a possible reduction, first offender program, or dismissal.
- If no agreement is reached, prepare for and proceed to a bench trial in General District Court.
Potential Penalties for Drug Possession in Virginia
In New Kent County, simple possession penalties vary by drug schedule but start as a Class 1 misdemeanor with jail time and fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Schedule I/II (e.g., cocaine, heroin) | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible 6-month suspension | Permanent felony record |
| Possession of Schedule I/II (first offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Eligible for first offender program |
| Possession of Schedule III (e.g., steroids) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Drug education/counseling possible |
| Possession of Schedule IV (e.g., Xanax) | Class 2 Misdemeanor | Up to 6 months | Up to $1,000 | Possible suspension | Drug education/counseling possible |
| Possession of Schedule V (e.g., codeine cough syrup) | Class 3 Misdemeanor | N/A | Up to $500 | Possible suspension | Minimal criminal record impact |
| Possession of Marijuana (first offense, under 1 oz) | Civil Violation | N/A | Up to $25 | No suspension | No criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Drug Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys use their experience to handle drug possession cases. We examine every detail, from the initial police stop to the lab analysis of the alleged substance.
Case Results in New Kent County
Our firm has documented results defending clients in New Kent County. In drug possession cases, favorable outcomes often involve motions to suppress evidence or negotiations for first offender dispositions. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Kent County Simple Possession Lawyer
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64 and Route 33. If you need a drug possession defense lawyer New Kent County or a personal use defense lawyer New Kent County, contact us for a consultation.
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) 423-1382
By appointment only. 24/7 phone consultations.
We serve clients in New Kent, Providence Forge, and Quinton.
Frequently Asked Questions
What is the penalty for a misdemeanor in New Kent County, Virginia?
A Class 1 misdemeanor in New Kent 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 New Kent 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 New Kent County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in New Kent County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in New Kent County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to New Kent County General District Court.
Do I need a criminal defense lawyer in New Kent County, Virginia?
Yes. Criminal charges in New Kent 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 lawyer protects your rights and builds a defense.
What is the difference between GDC and Circuit Court in New Kent County?
New Kent County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. New Kent 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, learn more about our services as a Virginia criminal defense lawyer. For charges in nearby areas, see our pages for Henrico County criminal defense and Chesterfield County criminal defense. For other legal needs in New Kent County, we also assist with DUI defense and reckless driving.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.