Things are changing though. This probation can be much more burdensome than the requirements of the original first offender program. Free Consultation: (844) 468-2236. Specific questions regarding an offender's sentence cannot be discussed with the general public. If you are charged with first-degree murder or another Class 1 offense, you could be sentenced to life in prison and fined up to $100,000. If a defendant successfully completes the 251 program, their criminal record will show that their crime was dismissed due to successful completion of the 251 program. In most states, it is absolutely possible to get probation for a first time felony. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification. Table of Contents » Title 18.2. First Time Offenders, Dismissals and Avoidance of Convictions - Macomb County Criminal Lawyer. As with most legal questions, the answer is often, it depends. Code of Virginia. The information shown in the offender locator is updated daily and reflects the most recent data available. A first-offender arrested for a misdemeanor may have records expunged. Virginia Code Section § 18.2-250 assigns possession of a Schedule I or II Controlled Substance as a Class 5 felony which can lead to 2-10 years in prison and/or a fine of up to $2,500. 18.2-57.3 of the Virginia Penal Code gives judges the option to defer family abuse proceedings and instead of a finding of guilt, the judge can give the offender probation and send the person to a first offender program. § 19.2-392.2. Please refer to our Time Computation page for general sentencing information. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 4. Justia US Law US Codes and Statutes Code of Virginia 2006 Code of Virginia Title 18.2 — CRIMES AND OFFENSES GENERALLY. At one time, Virginia had some of the most strict and unbending guidelines for handling criminal offenses, particularly with first-time offenders. Tap To Call Us Tap To Text. Assaults and Bodily Woundings » § 18.2-57.3. To be eligible for the first offender program, a person must: Be an adult at the time of the incident; And while Virginia does allow for second chances for first-time offenders of minor offenses, the opportunities are far more limited than in the other jurisdictions with which I … Virginia Code Section 18.2-251 establishes first offender programs for first time drug possession. Free Consultation - Call (586) 412-5555 - Abdo Law Firm aggressively represents the accused against charges in Criminal & Crime cases. In some cases it is mandatory probation. A defendant cannot expunge or “seal" the record of their 251 dismissal in Virginia at this time. First Offender Program. The good news is that a first time drug possession offense does not mean that a person will end up with a criminal conviction. Unlike in D.C. and other jurisdictions, it is virtually impossible to get a criminal conviction expunged from your record. Effects of the 251 Program on Criminal Record and Immigration Status. However, if this crime took place in Virginia, your friend should have a VERY good lawyer, because they do not mess around there, and it may be less probable in Virginia than it would be in most other states. The first question we often receive is, will I go to jail? For first offense felony drug charges in Virginia, the state also offers a special drug court—a first time offender may elect to participate in a drug program in exchange for reduced penalties or even dismissal of the case.