10605 Judicial Drive, Suite A-4 | Fairfax, Virginia 22030
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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Pikrallidas & Associates is located in Fairfax, VI and serves clients in and around Fairfax, West Mclean, Oakton, Merrifield, Vienna, Annandale, Dunn Loring, Clifton, Fairfax Station, Mount Vernon, Falls Church, Reston, Chantilly, Mc Lean, Greenway, Centreville, Springfield, Herndon, Fairfax County, Fairfax City County, Falls Church City County and Manassas Park City County.
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