19771101 1977-37ORDINANCE No. 1977-37
AN ORDINANCE AMENDING CHAPTER 14
OF THE FAIRFAX CITY CODE
TO PROVIDE FOR A NEW SECTION 14-27
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 14 of the Code of the City of
Fairfax be, and the same hereby is, amended to provide for a new
Section 14-27, which will read in its entirety as follows:
"Sec. 14-27. Persons charged with first offense may be placed
on..p.robation; disch~8e.
"Whenever any person who has not previously been convicted
of a violation of Section 14-26 or of any offense under Article
I of Chapter 7(Sec. 18.2-247 et seq.) of the 1950 Code of Virginia
as amended, or under any statute of the United States or of any
state relating to narcotic drugs, marijuana, or stimulant, depres-
sant, or hallucinogenic drugs, or has not previously had a preceed
against him for violation of such an offense dismissed as provided
in this section, or Section 18.2-251 of the 1950 Code of Virginia,
as amended, pleads guilty to or enters a plea of not guilty to
possession of a controlled substance under Section 14-26, the
court, upon such plea if the facts found by the court would justif
a finding of guilt, without entering a judgment of guilt and with
the consent of the accused may defer further proceedings and place
him on probation upon terms and conditions. Upon violation of
a term or condition, the court may enter an adjudication of guilt
and proceed as otherwise provided. Upon fulfillment of the terms
and conditions, the court shall discharge the person and dismiss
the proceedings against him. Discharge and dismissal under this
section shall be without adjudication of guilt and is a conviction
only for the purposes of applying this section or Section 18.2-251
of the 1950 Code 'of Virginia, as amended, in subsequent proceeding~
This ordinance shall become effective immediately upon its
adoption.
1977-37
-2
Introduced: October 18, 1977
Adopted: November 1, 1977
Attest:
~ Cit~ ~lerk