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First Offender Treatment for Drug Possession or Prescription Drug Fraud – Virginia

Virginia provides leniency for first-time drug offenders and prescription fraud which enable a Defendant to either avoid a criminal conviction or a Felony conviction.

In a first offense case for possession of drugs (Virginia Code Sections 18.2-250 and 18.2-250.1) or prescription drug fraud (Virginia Code Section 18.2-258.1), upon consent of the Defendant, the Court may, if the facts would justify a finding of guilt, DEFER further proceedings and place the Defendant on probation upon certain terms and conditions:

1. Require the Defendant to undergo a substance abuse assessment pursuant to Virginia Code 18.2-251.01 or 19.2-299.2 and ter a treatment and/or educational program, if available, such as, in the    opinion of the Court, may best suited for the needs of the Defendant based on consideration of the substance abuse assessment;

2. Require the Defendant to pay all of the expenses, unless the Court determines Defendant is indigent;

3. To successfully complete the treatment or educational program;

4. To remain drug or alcohol free during the period of probation and submit to tests (usually random);

5. To make reasonable efforts to secure and maintain employment;

6. To comply with a plan of at least 100 hours of community service for a felony and up to 24 hours for a misdemeanor.

In the case of a first time drug possession charge under Virginia Code 18.2-251, upon fulfillment of the terms and conditions, the court shall discharge the Defendant and DISMISS the proceedings against them.

In cases of prescription Drug Fraud under Virginia Code Section 18.2-258.1, upon fulfillment of the terms and conditions, the Court shall find the Defendant guilty of a Class 1 misdemeanor.

This is a great alternative if someone is committed to following the rules and remaining



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