Underage Possession Defense Lawyer New Kent County — Protecting Your Child’s Future
Underage possession of alcohol is a Class 1 misdemeanor under Va. Code § 4.1-305, carrying up to 12 months in jail, a $2,500 fine, and a driver’s license suspension. In New Kent County, these cases are heard at the New Kent County General District Court. Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Law on Underage Alcohol Possession
Virginia law strictly prohibits the possession of alcoholic beverages by any person under 21 years of age. The primary statute is Va. Code § 4.1-305. A conviction is a Class 1 misdemeanor. The consequences extend beyond court penalties to include a mandatory driver’s license suspension and a permanent criminal record. The firm, founded in 1997 by former prosecutor Mr. Sris, understands the high stakes for a young person’s future.
Official Resources & Court Information
For the official text of the law, refer to the Virginia Code § 4.1-305. Court procedures for New Kent County can be found on the New Kent County Combined Courts website.
Defending a Minor in Possession Charge in New Kent County
In New Kent County, prosecutors at the General District Court take underage possession charges seriously. A strong defense often involves challenging the legality of the stop or search that led to the discovery of alcohol. Law enforcement must have probable cause or reasonable suspicion. If these constitutional protections were violated, the evidence may be suppressed, skilled to a dismissal. For a minor facing an alcohol charge, an experienced juvenile alcohol charge lawyer New Kent County can make this argument effectively.
- Secure representation immediately after the charge.
- Your attorney will obtain and review all police reports and evidence.
- A motion to suppress evidence may be filed if the stop/search was unlawful.
- Your lawyer will negotiate with the Commonwealth’s Attorney for dismissal, reduction, or diversion.
- If no agreement is reached, prepare for a trial in New Kent County General District Court.
Penalties for Underage Alcohol Possession in Virginia
In New Kent County, a conviction for underage possession of alcohol is a Class 1 misdemeanor with penalties including jail time, fines, and a driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underage Possession of Alcohol (Va. Code § 4.1-305) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month to 1-year suspension | Permanent criminal record; possible impact on college admission, employment, military service |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Underage Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper who understand how these cases are built from the inside. We have a documented record of achieving favorable outcomes for our clients. We focus on strategies that protect a young person’s future, such as securing dismissals, reductions to non-criminal offenses, or entry into diversion programs that can lead to expungement.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results for Underage and Minor-Related Offenses
Our firm has successfully defended clients against various charges that can impact a minor’s future. In one case in Bedford County Juvenile Court, a charge was taken under advisement and dismissed upon completion of community service. In other jurisdictions, we have secured outright dismissals (nolle prosequi) for charges like “No Registration Card/License in Possession.”
Results may vary. Prior results do not guarantee a similar outcome.
For an underage possession defense lawyer New Kent County, protecting your child’s record is the primary goal.
Contact Our New Kent County Underage Possession Defense Lawyers
Our Richmond location serves clients in New Kent County, including the communities of New Kent, Providence Forge, and Quinton. We are accessible via I-64 and Route 33. If you need an underage possession defense lawyer near New Kent County, contact us 24/7 for a phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Underage Possession in New Kent County
What are the penalties for a minor in possession of alcohol in Virginia?
Yes, it is a Class 1 misdemeanor. Penalties include up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension of six months to one year. A conviction creates a permanent criminal record.
Can an underage possession charge be expunged in Virginia?
It depends. Expungement is generally available only if the charge is dismissed, you are found not guilty, or the prosecutor enters a nolle prosequi (Va. Code § 19.2-392.2). A conviction typically cannot be expunged. Diversion programs that lead to dismissal are a key goal for a juvenile alcohol charge lawyer New Kent County.
Will my child go to jail for a first-time underage possession charge?
For a first offense, incarceration is uncommon if there are no aggravating factors. However, the court has the legal authority to impose jail time. The primary goals of a skilled underage possession defense lawyer New Kent County are to avoid a conviction and secure an outcome that prevents jail.
What is the difference between a minor in possession charge and a DUI for someone under 21?
Underage possession (Va. Code § 4.1-305) is for merely having alcohol. A DUI (Va. Code § 18.2-266) is for driving under the influence. For drivers under 21, Virginia has a “zero tolerance” law with a lower blood alcohol content (BAC) limit of 0.02%. The penalties for DUI are more severe.
Do I need a lawyer for a minor in possession charge in New Kent County?
Yes. The consequences of a conviction are serious and long-lasting. An experienced underage possession defense lawyer New Kent County can challenge the evidence, negotiate for a favorable outcome, and protect your child’s future from the impact of a criminal record.
For more information, see our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For related legal issues in New Kent County, visit our pages on DUI defense and reckless driving.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.