Legal Question in Criminal Law in Virginia

251 dispostion

If I can get a 251 dispostion in VA as a first time offender for a misdemeanor marijuana possession charge, am I technically convicted for that whole year or is this motion classified as ''probation before judgement''?

Asked on 5/25/07, 7:00 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: 251 dispostion

There is no disposition in Virginia formally recognized in the law of the Commonwealth as Probation Before Judgment(PBJ. Your disposition under Va. Code Sec. 18.2-251 would not amount to a conviction except for the purposes of Title 46.2(the Traffic Code)and which would necessarily require the suspension of your driving privileges for 12 months.

Otherwise, the disposition of your case under Sec, 18.2-251 would be the equivalent of what is known in Virginia as a Suspended Imposition of Sentence(SIS), meaning that if you sucessfully complete the conditions of your probation, there would be no sentence imposed and, consequently, no record of any conviction on your part for this marijuana possession offense, and that 12 months hence from the entry of your plea of guilty, the case would be administratively closed.

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5/25/07, 8:55 pm

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