In Virginia, possession of marijuana is illegal. Possession is defined as knowing that you have an illegal substance or holding onto it with the intent to use it. That means the drug did not fall into your hands accidentally or without your knowledge.
Some of the Penalties
A conviction in this type of criminal law case for a first offense may involve up to thirty days in jail and a fine of $500. If you are convicted a second time, you may be subject to up to a year in jail and a fine in the amount of $2,500.
What the Prosecution Must Show
For the prosecution to succeed in this type of criminal law case then, he or she must show the following:
- That the accused or defendant was aware of the presence of marijuana;
- That the accused knew about the nature of the drug; and
- That the defendant was in conscious possession.
Considering the Circumstantial Evidence
All of the above evidence must be proven beyond a shadow of a doubt. So, if you occupy or own a residence where marijuana was found, it does not show possession. The jury or judge in the criminal law case must still review the circumstantial evidence in determining guilt. When you hire a defense attorney then, it is his or her job to show that you are not guilty of the charge and why.
With that being said, the most commonly charged crime with respect to distribution in Virginia is categorized as “Possession with Intent to Distribute.” If you are found guilty of this charge and hold 0.5 ounces or less in your possession, you will be convicted of a Class 1 type misdemeanor.
If you hold more than that amount, or up to five pounds, a conviction leads to a Class 5 felony, which is punishable by as much as ten years in prison. If you possess over five pounds, then the imposed punishment is generally prison time of five to thirty years.
Who to Contact
When it comes to this type of arrest, it pays to have an experienced attorney on your side.
