Legal Question in Criminal Law in Virginia

Re: Teen Charged with possession

Yes, your son should be represented by an attorney

who is familiar with the juvenile court where the matter will be heard. If your son is a first time offender, he is likely to be adjudicated a delinquent rather than convicted of a criminal misdemeanor and will be required to undergo a substance abuse screening and periodic testing if so orderd by the court. (See Va. Code Sec. 16.2-278.8:01.)

An adjudication as a delinquent does not carry the same consequences as a criminal conviction and will allow your son to emerge from this incident without the civil liabilities baggage, so to speak, which the latter normally entails.

Re: Teen Charged with possession

Possession is a Class 1 misdemeanor which as a juvenile carries detention up to 30 days. Possession of paraphanalia is a Class 2 misdemeanor which carries the same juvenile disposition. They can be run back to back and count as a prior criminal record for any subsequent charge as a juvenile and adult. Multiple juvenile convictions can result in Commitment to the Department of Youth Corrections.

You certainly need a lawyer. Someone has to convince the Court that your child is not a criminal and that if he has a teenage substance abuse issue, you are handling it appropriately. The lawyer can advise and orchestrate the evidence for the Court. You can not do that.

Treatment and a course of behavior modification is the only way to probation for your child. And I mean yesterday. A substanbce abuse assessment and then religious adherence to whatever course of treatment the assessment suggests. You can get a private physician to recommend a facility or you can apply to the County Department of Mental Health for a referral (this takes a great deal longer). The harder your child resists the "clean up" the more an addiction you have to deal with. Deal with it now and then get a lawyer.

Good luck.