Possession of Marijuana - Va. Code 18.2-250.1
Facts:
Client pulled over due to his windows being too tinted. Officer smelt marijuana coming from Client's car. Officer asked Client about the smell and Client told officer that he did, in fact, possess marijuana.
Disposition:
Reduced to Possession of Paraphernalia - Va. Code 54.1-3466. No jail time and a $200 fine.
Note:
This disposition spared Client a 6-month loss of license.
Problems with this case:
1) It was a very strong case for the prosecutor. 2) Client had been charged with this crime twice previously. Once, the prosecutor dropped the charge (nolle pros), the other time Client was found guilty but was able to enter into a disposition pursuant to 18.2-251 ("251"). So, in this case, Client could not receive the 251 disposition again.
