First Time Simple Possession of Marijuana

Charged with simple possession of marijuana (less than 15 grams) for the first time? Not to worry - The Moore Law Firm can easily guide you through the process of having the charge dismissed and expunged from your record.

Whether you are charged with having marijuana in a dorm room, a vehicle, or on your person, we can help put this charge behind you for good. A substantial amount of our practice is dedicated to defending good people who are charged with simple possession. Indeed, possession is one of the most common criminal offenses that we defend.

Here is a brief overview of the process. If you are issued a citation for simple possession, you will have a number of days (typically 10 days) to report to the Court and either enter a plea or request a hearing. We strongly recommend that you contact an attorney before taking any action with the Court. That way, we can look at your case and determine the best possible course of action to mitigate the charge.

If you are charged by an arrest warrant, you will be taken before a magistrate or municipal judge and arraigned. Likely, you will be given an opportunity to enter a plea at the arraignment. Again, we strongly recommend that you request an opportunity to speak with an attorney before entering any type of plea.

Once you contact our firm, we will perform an investigation into the facts and circumstances surrounding the charge. If there is no constitutional violation or an improper search, which would warrant an outright dismissal, we will likely recommend that you take advantage of the conditional discharge procedure under W. Va. Code § 60A-4-407.

Under that statute, an individual charged for the first time with possession of marijuana (less than 15 grams) is entitled to have his or her case put on hold for at least six months while the individual is placed upon probation. Some courts require community service or substance abuse classes to be completed during the probation period. If the individual is successful, the charge is dismissed. Six months after the dismissal, the individual can have his or her record expunged of the charge.

Over the years, our firm has represented countless individuals charged with possession. We provide exceptional services at reasonable costs. If you or someone you know is facing a simple possession charge, call one of our experienced criminal defense attorneys today, and let us help put the charge behind you.