What happens if you are caught for possessing a drug for the first time?
As per the Virginia Code, section 18.2-251, the person who is caught with possessing any kind of controlled substance will be subjected to harsh penalties. However, the penalties might differ with the type of drug and its ability of abuse. The first offenders (convicted for the first time for possessing any kind of controlled substance) will be put on probation by the court, where the judge will give them a chance along with certain terms and condition.
“Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.”
What are the Penalties for possessing a control Substances in Warren Virginia?
- Possessing a Schedule I or II controlled substance: Section 18.2-10(e)
- Class 5 felony:
- Up to 10 years jail time,
- OR, up to 12 months jail time
- Class 5 felony:
- Or a hefty fine up to $2,500)
- Possessing a Schedule III controlled substance: –Section 18.2-11(a)
- Class 1 misdemeanor:
- Up to 12 months in jail time
- Along with / or a hefty fine of amounting up to $2,500
- Possessing a Schedule IV controlled substance: – Section 18.2-11(b)
- Class 2 misdemeanor:
- Up to six months imprisonment
- And/or a hefty fine of up to $1,000
- Possessing a Schedule V controlled substance: –Section 18.2-11(c)
- Class 3 misdemeanor:
- Up to $500 fine
- Possessing a Schedule VI controlled substance: –Section 18.2-11(d)
- Class 4 misdemeanor:
- Up to $250 fine
How is possession of a Controlled Substance proved in Warren Virginia?
As per the Virginia code, section 18.2-250, to punish any convicted individual for possessing any kind of controlled substance in Warren Virginia, the prosecutors have to prove the presence of a drug with the offender and the prosecutor even has to prove that the substance was a controlled substance. As per the Virginia code, section 18.2-250, the owner of the car or property, where the controlled substance was found has no link with the intention of the owner for keeping the controlled substance. The prosecutor is supposed to prove the nature of the drug, according to the following schedules listed:
- Virginia law code section §54.1-3446 (Schedule I)
- Virginia law code section 54.1-3448 (Schedule II)
- Virginia law code section 54.1-3450 (Schedule III)
- Virginia law code section 54.1-3452 (Schedule IV)
- Virginia law code section 54.1-3454 (Schedule V)
- Virginia law code section 54.1-3455 (Schedule VI)