Kansas City, MO asked in Criminal Law for Virginia

Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining to the dmv (I need to get a license for work) also, any advice you could give me to help me with my case would be appreciated. Also, can they change my charge to a felony? Thank you.

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1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana charge, it is typically up to a 30day jail sentence and/or a fine. The judge will suspend your license for 6mos even if you though you don't have one. You could be granted a restricted license once you work things out with the DMV. If you have no prior record, perhaps the judge could give you a deferred finding but you need to speak to a lawyer about your issues. Many lawyers have free consultations. Good luck!

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