Probation Violation/second Offense

[Thurlow]

Please forgive me as I put the wrong email address on my previous question.  I apologize if you have already answered my question.  

My son, 21 y/o college student, is on probation for first offense possession of marijuana.  He just got arrested for same last week while home from school for Winter break. What will happen now?  Could he go to jail at his first court date in a few weeks or is the first court date for something preliminary.

Thank you.  Jen

[Anrai]

Jeffrey Peter Hauck, L

Jen,

Simple possession of marijuana is a misdemeanor(unclassified), with a maximum penalty or 30 days in jail, and a $500 fine for a first offense.

For a second(2nd) offense, the maximum penalty increases to 12 months in jail. It is a Class 1 misdemeanor.

As with any drug charge, conviction, or plea, in VA your son is at risk of having his driver's license suspended if he is found guilty.

Marijuana is classified as a Schedule I drug under federal guidelines, which means it has a "high potential for abuse" and "no legitimate medical use". But it is in a unique class among schedule 1 drugs and has it's own penalty structure under Virginia Law.(Ref: § 18.2-250.1. Possession of marijuana, unlawful).

In short, if your son is convicted of the second offense he could likely have his probation revoked.  I would contact a criminal defense attorney and ask for a free consultation to see what he is up against and whether or not he wants to contest the charge.  

Jeff

Jeffrey Hauck

Licensed Private Detective

Post Office Box 142

Macungie, PA 18062

www.private-eye.homestead.com

[email protected]

Tel: 484-274-3909