Marijuana Possession Lawyer Blacksburg, VA

Marijuana Possession Lawyer Blacksburg, VAMarijuana Possession Lawyer Blacksburg, VA for Pot Possession

While marijuana possession and use is now legal in a few states, it currently is not, however, legal in Virginia without a valid medical prescription.  This applies even if marijuana was legally bought in another state and transported to Virginia.

As a Blacksburg marijuana possession lawyer, I vigorously defend clients charged with marijuana and drug possession not only in Blacksburg, but also those in the surrounding communities.  I also defend clients charged with drug-related crimes in addition to marijuana possession, as well as other criminal charges.

Virginia Marijuana Possession Charges Are Serious

Marijuana possession in Virginia is a serious offense.  A marijuana charge can also be escalated to an intent to distribute charge, which is even more serious, if evidence suggests that the person was involved in marijuana distribution.  The charges can also be escalated if certain factors apply, such as if the person charged was within 1,000 feet of a school yard and certain other public places that are likely to be frequented by children.  Potential consequences can also be more severe if a person has prior criminal convictions on their record.

Those convicted of marijuana possession can face fines and possible incarceration.  In addition, a drug conviction can also be fatal when it comes to job applications, as the disclosure of a drug conviction can often disqualify a person for certain type of jobs (particularly those in law enforcement), or lead to all but disqualification for many other types of jobs (as many employers won’t entertain the possibility of hiring those who have drug convictions).

Get a Free Consultation – Call Me 24/7 to Get Started

As a marijuana possession lawyer for Blacksburg, I offer a vigorous representation of clients charged with possession, including:

  • Fixed Fee Representation. It does not cost any additional fee if you wish to take your case to trial.  It also does not cost any more to retain our services early in your case as opposed to a much later date.  As a result, the earlier that we are retained, the earlier we can begin protecting your rights.
  • Credit Card Acceptance. I appreciate that people are often in difficult financial circumstances.  As a result, I and my firm accept credit card payments, so that you have a payment option to consider for the payment of legal fees.

What are the Virginia Marijuana Possession Laws? 

The Virginia marijuana possession laws can be seen in Section 250.1 of Title 18.2 of the Virginia Code.  Subsection A. specially provides that “knowing” or “intentional” possession of marijuana is illegal unless such possession is the result of a valid prescription for the same.  An important defense to this section is that:

Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.

Thus the prosecution must establish that a person charged under this statute “knew” that they were in possession of marijuana, and that such possession was not the result of a valid prescription.

Additionally, under Virginia Code Section 18.2-248, Virginia prosecutors are also allowed to charge a person who is in possession of marijuana not only with a possession charge, but potentially also with a much harsher “intent to distribute” charge.  The prosecution must have sufficient reasons for a distribution charge, such as if the person was also in possession of scales commonly used to measure drugs or if bags of the same size amount of marijuana had been measured.

What are the Penalties for Marijuana Possession in Virginia?

A first conviction for marijuana possession in Virginia is punishable by a fine of not more than $500 and incarceration in jail for not more than 30 days.  A subsequent conviction is a Class 1 misdemeanor (punishable by a fine of up to $2,500 and incarceration of up to 12 months).  Possession with intent to distribute is subject to enhanced penalties. 

If I’m Charged with Marijuana Possession, What Additional Defenses Might be Available? 

In addition to those noted above, there are also other defenses that are available (which depend upon the facts and circumstances of each case), including:

  • Unlawful search and seizure of persons on the street. The police do not have an unfettered right to stop and frisk people on the street for no good reason, or claim that they “looked suspicious.”  Instead, they must have an articulable reason for frisking a person that would lead a reasonable person to suspect that that the person searched was engaged in unlawful activity.
  • Illegal vehicle stop and searches. Just as police may not stop and frisk someone without a legally-justifiable cause to do so, they also may not stop a vehicle without a proper reason, such as if the person was speeding or engaged in some other traffic infraction. They may also not search the inside of a vehicle without consent, unless they have a valid reason for doing so (such as if they can see drugs in plain sight).
  • Searches of homes and other dwellings. In most cases, the police are not entitled to search a home or other dwelling without a warrant (there are some exceptions, such as when the police encounter illegal drugs in the course of another matter, like a domestic dispute).

In these types of situations, if the search was illegal, or if a warrant was not valid, then normally the search and seizure of marijuana or other drugs will be inadmissible.  If this is the case, then all changes must be dismissed.

There are many other situations in which charges must be dismissed, including those involving other illegalities on behalf of law enforcement, or situations in which the admissible evidence does not support a verdict of guilt beyond a reasonable doubt.  In representing those charge in Virginia with marijuana possession and other crimes, I vigorously oppose the prosecution’s efforts to convict, their theories of a case, and the admission of evidence that they wish to introduce at trial.

Helping Protect Your Rights

As soon as I am retained, I and my firm can begin vigorously protecting your rights.

As an experienced Blacksburg marijuana possession lawyer, I know that prosecutors have much leeway in negotiating marijuana possession charges.  In general, I believe that they do not consider that it is a wise use of the state’s limited resources in spending considerable efforts to prosecute those in possession of small amounts of marijuana and who otherwise do not have much more significant criminal charges or serious past convictions.

As a result, while I cannot guaranty an outcome for any matter, I have experience in getting those charged with criminal charges much better outcomes than the potential punishments prescribed under Virginia’s criminal code, especially for clients who do not have any previous convictions.

In the interim, I would suggest the following if you’ve been charged with marijuana possession or any other crime:

  • You have the right to remain silent – please invoke this right. Don’t talk to the prosecutors or police – they are not there to help you.  Retaining a lawyer is the best step so that you have someone on your side who can communicate with the prosecution on your behalf without jeopardizing your rights.
  • Don’t make any postings on social media about your charge. Prosecutors can (and often will) search social media to see if a defendant may offer any details about a criminal charge which can be used against them.
  • Don’t talk to your family or friends about the details of your criminal charge. Prosecutors can also call friends (in particular) to testify against a criminal defendant.

Call Me Today to Get Started

No attorney can ever promise a not guilty verdict or the dismissal of charges.  I can, however, offer all clients a dedicated representation and the experience of more than 30 years of legal practice.

Please call the law offices of Mark T. Hurt office to schedule a free consultation about your case.

What Our Clients Say

A very professional team who understands the stress of being in an accident. Our paralegal, Courtney Cormier, made us always feel as if things were being taken care of and it was nice to be worry free.
Kristina Murray
Kristina Murray
18:29 03 Mar 21
Diana Phipps
Diana Phipps
13:46 03 Mar 21
After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
I could not be more pleased with the service I received. He is a wonderful lawyer and he gets the job done.
Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
This law firm has great people skills and are very professional and efficient I would definitely recommend anyone to this law firm.
Lucas Green
Lucas Green
18:06 06 Dec 20
Courtney done a very good job with my case at the abingdon va office very quick and efficient great job highly reccomended my auto accident was in may and alreadh we have settled for maximum amount thanks so much
James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
My lawyer Courtney in charge of my case was very professional, and very responsive to my personal injury and auto claim. She had it settled in a timely manner very polite and I would recommend this office to anyone.
Samantha Mays
Samantha Mays
21:28 06 Nov 20
I would highly recommend this law firm! Courtney helped me with my personal injury case, she answered all my questions and was always responsive throughout the entire process.She advocated for me efficiently and strived for the best possible outcome.
SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
Mark and his team were very professional and courteous. They done a excellent job with my traffic ticket. I would highly recommend them.
Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
16:33 15 Oct 20
Friendly. Efficient. Professional.I’m thankful!
Moody Witoutcoffee
Moody Witoutcoffee
03:56 09 Oct 20
Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
00:06 06 Oct 20
Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
Flavia Oliver
Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
I highly recommend anyone to choose The Law Offices of Mark T. Hurt for their issues! They were extremely nice, helpful, and professional, especially Courtney! Every question and concern was always answered. I am thankful for all their help!!
Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
They were very helpful, and answered all of the questions I had, and got great results from my court hearing, I would highly recommend!
Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
This law firm is the best of the best and Courtney was just wonderful in every aspect. Extremely helpful and answers every question and always willing to help! Mark Hurt and his crew are the best! Thank you all for helping my family in a very difficult time. Highly recommend.
Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
I highly recommend this law firm! Rhonda answered all my questions regarding social security questions and she put my nerves at ease! Im so thankful for her kind spirit and her honesty!
Catina Ratliff
Catina Ratliff
17:51 05 Sep 20
The law offices of mark hurt was very good to me and my family great people great service and great results courtney was our paralegal that presided over the case could not have asked for more to be done.
Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
Having landed a Reckless Driving (99 in a 65) on my way back to FL from WV, I came across this law firm when searching something along "best reckless driving lawyers Virginia."Mr. Hurt's firm dropped my "Criminal Misdemeanor" to an improper driving. Which from my understanding is right next to a normal speeding ticket.All expenses accounted (payment, court cost, fine), I'm out roughly $1,100 ; but I'd much rather pay that once today, than every six months to an insurance company for the next... God knows how many years. I am extremely grateful and overjoyed with my outcome.As far as speaking with the great ladies at these offices, everyone was always kind, quick, and considerate. They answered all my questions, explained all my options and possible outcomes. I had a clean record, and had now experience dealing with courts or lawyers, so their patience and knowledge was especially helpful. If I ever screw up again (I pray to God I don't) I hope it's in Virginia, so I can call upon Mr. Hurt's offices.
Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
I would like to thank Hope for helping me get my SSDI. She was a true professional a great help with my success. great asset to the law firm and honest lady could not ask for anyone better. Thank You, David
David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
jose feliz
jose feliz
22:14 18 Aug 20
I got stop in wyth county saw good reviews on Law of Mark, i can say i highly recomend them, got stop 79mph on a 60mph, they all i had to pay was a low amounth of $200 fine plus court cost $76 and they got me out with zero point infraction, if you looking for lawyer on traffic tickets here its the place to go with! Very professional and representatives will be there to help any time!
Brisio Gaza
Brisio Gaza
23:12 15 Aug 20
This law firm is the up most professional and highly knowledgeable in it's field of work. Courtney is awesome and a pleasure to work with she is the best at her job. We highly recommend this law firm!
Christy Statzer
Christy Statzer
02:52 11 Aug 20
Courtney Cormier and the law office, was amazing! Courtney was very efficient, timely, and responsive. I had an issue with a previous employee, but due to that, Mr. Hurt wanted to ensure that I was completely satisfied, so he made adjustments on his fee, just to make sure I was happy! You couldn't ask for a better paralegal or law office! I highly recommend this firm!
Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
Great experience with Courtney Cormier! Thanks for the professional help!
Alisha Fagan
Alisha Fagan
16:26 20 Jul 20
Thank you for doing the best you guys did an amazing job with my case I appreciate everyone that worked on my case I definitely recommend this law firm!!
Abdullah Shaikh
Abdullah Shaikh
14:56 16 Jul 20
Great people! Very helpful and professional.
Heather Foster
Heather Foster
21:53 15 Jul 20
Wonderful, family oriented law firm. The staff are very attentive and courteous especially Courtney. I highly recommend this legal establishment!
Duane Cormier
Duane Cormier
17:25 15 Jul 20
Amazing group of people to work with Courtney is fantasticI would highly recommend this group
Kara Ginter-Hensley
Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
They are a hard working team that care about their clients.
Frederick Baker II
Frederick Baker II
05:13 26 Jun 20
Fast, professional, and friendly. One of the best we have had for our family case and would HIGHLY recommend!!
Jonathan Mora
Jonathan Mora
19:13 04 May 20
I had a summons to court for reckless driving doing 82/70, and they took care of it without a problem and got it dismissed for me! They also work with you on your payments! Rhonda is the sweetest person I’ve ever spoke too, she worked with me and helped me tremendously! I highly recommend you choose this amazing and sweet firm to help your cases! ❤️
Aleah Nicole
Aleah Nicole
13:46 11 Apr 20