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How Is A First Time Offender Defined In Virginia

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DanHalen

Junior Member
What is the name of your state (only U.S. law)? Virginia

I will probably be charged with a posession of marijuana ticket in Virginia, and my question is what are the requirements for it to be a first offense? About 14 years ago I was charged with possession of morphine and marijuana. The morphine ticket was reduced to misdemeanor possession of a schedule three controlled substance, and the marijuana charge was dismissed upon my completion of probation. Since I have never been convicted of any marijuana crimes would it still be a first offense and fall into the punishment for first offenders?
 


FlyingRon

Senior Member
Sorry, the VA First Offender (18.2-251) refers to ANY prior drug-related offense. It doesn't matter what specific drugs are involved. It doesn't have to be a Virginia conviction.

Further it sounds like you already used the first offenders provision to dismiss a charge, and those charges count against you as well.
 
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DanHalen

Junior Member
Thank you for your help, it is very much appreciated. I do however have a followup question. I'm not sure if the code you cited applies to that which I am referring. In Virginia first offense possession of marijuana is a different charge from subsequent offense. I could easily be wrong, and just grasping at straws, but the code you cited is that which refers to pretrial intervention. I am referring to the sentencing guidelines for first offense possession of marijuana which has a maximum of 30 days in jail as opposed to one year for subsequent offenses.

Thanks again to you or anyone else who has any information to offer.
 

cyjeff

Senior Member
First offense means first crime... of any type.

You don't get extra credit for expanding your criminal resume into other crimes.
 

DanHalen

Junior Member
First offense means first crime... of any type.

You don't get extra credit for expanding your criminal resume into other crimes.
"upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor" well this quote from the possession law doesnt seem to say first crime of any type? I mean come on, speeding is a crime and carried in criminal court ffs, I doubt a speeding ticket would cause someone to no longer be considered a first offender.


In review, I had been fortunate enough to be allowed to take advantage of the first time offender section (18.2-251) which obviously can only be employed once in someone's lifetime. This left me without a conviction under section (18.2-250.1) and as far as I can tell (18.2-251) says nothing about counting as a conviction when applied to a subsequent offense under (18.2-250.1).

So, to clarify, my question is will I be facing a class 1 misdemeanor or will I be facing the unspecified misdemeanor of first time possession, or am I interpreting this wrong?
 
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