Simple Possession Lawyer New Kent Virginia — What Are Your Defense Options?
Simple possession of a controlled substance is a serious misdemeanor under Va. Code § 18.2-250, carrying up to 12 months in jail and a $2,500 fine in New Kent County. Law Offices Of SRIS, P.C. has 4 documented results in New Kent County: 3 dismissed/not guilty, 1 reduced/amended. Our criminal attorney team provides a strong defense against these charges.
Virginia Law on Simple Possession
Simple possession of a controlled substance is defined under Virginia Code § 18.2-250. It is the knowing or intentional possession of a controlled substance without a valid prescription. The statute classifies drugs into Schedules I-VI, with penalties varying based on the schedule and amount. For most first-time simple possession charges, the offense is a Class 1 misdemeanor. A conviction creates a permanent criminal record that can affect employment, housing, and professional licenses.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-250 (official Virginia General Assembly). Court procedures and filing information for New Kent County can be found at the New Kent County Courts website.
Handling a Simple Possession Case in New Kent County
In New Kent County, simple possession cases are prosecuted by the Commonwealth’s Attorney and heard at the New Kent County General District Court. The court routinely considers first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. A criminal court lawyer must immediately challenge the legality of the search and seizure, as this is a common defense.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file a motion to suppress evidence if the search was unlawful.
- Negotiate with the Commonwealth’s Attorney for a reduction, diversion program, or dismissal.
- Prepare for trial in New Kent County General District Court if a favorable plea cannot be reached.
Potential Penalties for Simple Possession in Virginia
In New Kent County, simple possession of a controlled substance as a Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Driver’s license suspension possible for drug offenses | Permanent criminal record, possible drug education classes |
| Simple Possession (Subsequent) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month license suspension | Enhanced penalties, possible mandatory minimum |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Criminal Charges Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of results in New Kent County, providing clients with informed and vigorous representation. Our approach is built on a deep understanding of both prosecution tactics and defense strategies.
Case Results in New Kent County
Our firm has documented results in New Kent County. In one case, a simple possession charge was dismissed after our attorney successfully argued a motion to suppress evidence obtained during an unlawful vehicle search. In another, the charge was amended to a lesser offense, avoiding a drug conviction for the client. These outcomes depend on the specific facts of each case.
Results may vary. Prior results do not aim for a similar outcome.
Simple Possession Lawyer Near New Kent, Virginia
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. We provide legal support for New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
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) 977-0767
By appointment only.
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 defense lawyer protects your rights and explores all options for dismissal or reduction.
What is the difference between GDC and Circuit Court in New Kent County?
New Kent County General District Court 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.
For more information, see our Virginia criminal defense hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges, our firm also provides representation for DUI cases in New Kent.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.