Underage Possession Defense Lawyer in Lexington, Virginia
Underage possession of alcohol in Lexington is a Class 1 misdemeanor under Va. Code § 4.1-305, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington. Our underage possession defense lawyer Lexington team provides 24/7 consultations.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Underage Possession Law
Virginia law prohibits any person under 21 from purchasing, possessing, or consuming alcoholic beverages. The statute, Va. Code § 4.1-305, classifies this as a Class 1 misdemeanor. This charge is distinct from a DUI and is handled in the juvenile justice system for minors, though it can impact an adult criminal record for those 18 and older. The court at 2 South Main Street, Lexington, VA 24450 hears these cases.
Official Legal Resources
For the full text of the law, see Va. Code § 4.1-305 (official Virginia General Assembly). Court information is available at the Lexington General District Court website.
Lexington Court Process for Underage Possession
In Lexington, underage possession cases are prosecuted by the Commonwealth’s Attorney. The court may offer first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. A minor in possession defense lawyer Lexington can handle this process.
- Receive a summons or be arrested for underage possession.
- Appear for arraignment at Lexington General District Court.
- Your attorney negotiates with the Commonwealth’s Attorney for a possible diversion program or reduced charge.
- Attend all court dates and complete any court-ordered requirements, such as alcohol education.
Penalties for Underage Alcohol Possession in Lexington
In Lexington, underage possession of alcohol is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. Additional consequences include a permanent criminal record and potential 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 | Possible 6-12 month suspension | Permanent criminal record, impact on college enrollment/jobs |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Lexington Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience and a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate. We have specific experience in the Lexington court system.
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
Our firm has achieved favorable outcomes in underage and minor-related cases. In one instance, a charge was taken under advisement for 12 months with dismissal upon completion of 50 hours of community service. In another, a charge was dismissed via nolle prosequi. Our team, including experienced attorney Mr. Sris, works to protect your future.
Results may vary. Prior results do not guarantee a similar outcome.
Underage Possession Defense Lawyer Near Lexington
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We are accessible via I-81 and I-64. We serve the Lexington community. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Underage possession is a Class 1 misdemeanor. Cases are heard at Lexington General District Court.
Can underage possession charges be expunged in Lexington, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. If a first-offender program is completed successfully and the charge is dismissed, expungement may be possible. The petition is filed in Lexington Circuit Court.
Do I need a juvenile alcohol charge lawyer Lexington for my child?
Yes. Even a juvenile record for underage possession can impact college applications and future opportunities. A juvenile alcohol charge lawyer Lexington can advocate for diversion programs to avoid a formal adjudication.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court (GDC) handles misdemeanor trials, including underage possession. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
How does bail work for a minor in possession charge in Lexington?
For a first-offense misdemeanor like underage possession, a magistrate will often release a juvenile to a parent on personal recognizance (no payment). For older defendants (18-20), secured bond may be required. Bond can be appealed to Lexington General District Court.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. In Lexington, we also handle DUI/DWI and reckless driving cases.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.