Understanding the Consequences & Stakes in Virginia

A criminal charge in Virginia carries significant weight, with potential penalties defined by the Code of Virginia that can include substantial jail time, crippling fines, and a permanent criminal record. The classification of the offense as either a misdemeanor or a felony determines the severity of these potential consequences.

When you are charged with a crime in Virginia Beach, you are not just facing a single court date. You are facing a system with the power to profoundly impact your life. The laws governing criminal offenses are primarily outlined in Title 18.2 of the Code of Virginia (Crimes and Offenses Generally). This statute meticulously categorizes crimes and their corresponding penalty ranges.

For misdemeanors, the penalties are classified into four tiers:

• Class 1 Misdemeanor: This is the most serious type, carrying a penalty of up to 12 months in jail, a fine of up to $2,500, or both. Common examples include a first-offense DUI, simple assault, petit larceny, and reckless driving.
• Class 2 Misdemeanor: Carries a penalty of up to 6 months in jail, a fine of up to $1,000, or both. An example is driving with a suspended license.
• Class 3 Misdemeanor: Punishable by a fine of up to $500. Possession of certain amounts of marijuana falls here.
• Class 4 Misdemeanor: The least severe, punishable by a fine of up to $250, such as public intoxication.

Felonies are far more serious and are categorized into six classes, with penalties ranging from one year in prison to life imprisonment or even capital punishment for Class 1 felonies. For instance:

• Class 6 Felony: The least severe felony, punishable by one to five years in prison, or, at the discretion of the court or jury, confinement in jail for up to 12 months and/or a fine of up to $2,500. Grand larceny and possession of a Schedule I or II controlled substance often fall into this category.
• Class 2 Felony: Carries a sentence of 20 years to life in prison. First-degree murder is an example.

Beyond the immediate statutory penalties, a conviction creates a lasting criminal record. This can lead to what I call “collateral consequences”—the hidden punishments that follow you long after your sentence is served. These can include difficulty finding employment, ineligibility for professional licenses, challenges in securing housing, loss of voting rights for felony convictions, and ineligibility for federal student loans. For non-citizens, a conviction can trigger deportation proceedings. This is why a vigorous defense is not just about avoiding jail; it’s about protecting your entire future.

The Virginia Beach Legal Process: From Arrest to Verdict

The criminal legal process in Virginia Beach follows a structured path, typically beginning in the General District Court and potentially moving to the Circuit Court. Key players include the arresting officers, the Commonwealth’s Attorney who prosecutes the case, and the judges who preside over hearings and trials.

Navigating the legal labyrinth requires understanding the roles of the institutions and individuals you will encounter. In Virginia, the prosecutor is known as the Commonwealth’s Attorney. It is their office, not the alleged victim, that brings charges against you on behalf of the Commonwealth of Virginia. The Virginia Beach Police Department or other law enforcement agencies conduct the initial investigation and make the arrest.

The typical journey through the system proceeds as follows, with procedures governed by Title 19.2 of the Code of Virginia (Criminal Procedure):

1. Arrest and Booking: This is the initial step where you are taken into custody. You will be photographed, fingerprinted, and personal information will be recorded.
2. The Magistrate and Bail/Bond Hearing: Shortly after arrest, you will see a magistrate. The magistrate informs you of the charges and determines whether to set bail. Bail is a financial assurance that you will appear for future court dates. A seasoned attorney can argue for a reasonable bond or for you to be released on your own recognizance.
3. Arraignment in General District Court: Your first court appearance is the arraignment. This takes place at the Virginia Beach General District Court. Here, you will be formally advised of the charges, and you will enter a plea of guilty, not guilty, or no contest. It is almost always advisable to plead “not guilty” at this stage to preserve all your legal options.
4. The Trial (Misdemeanors): For misdemeanor charges, your trial will be held in the General District Court. This is a bench trial, meaning a judge hears the evidence and decides your guilt or innocence—there is no jury. The Commonwealth’s Attorney presents their case, and your defense lawyer has the opportunity to cross-examine witnesses, present evidence, and make legal arguments on your behalf.
5. Preliminary Hearing (Felonies): If you are charged with a felony, the General District Court holds a preliminary hearing. The purpose is not to determine guilt, but for the judge to decide if there is sufficient “probable cause” to believe a crime was committed and that you committed it. If the judge finds probable cause, the case is certified to the grand jury.
6. Grand Jury and Indictment: The grand jury is a panel of citizens who review the evidence in secret. If they agree there is probable cause, they issue a “true bill” or an indictment, which formally charges you with the felony.
7. Trial in Circuit Court: Felony trials and misdemeanor appeals take place in the Virginia Beach Circuit Court. Here, you have the right to a jury trial. This is a much more formal and complex proceeding than what occurs in General District Court, requiring meticulous preparation, witness testimony, and sophisticated legal arguments.

Throughout this entire process, your criminal attorney Virginia Beach is your advocate—negotiating with the prosecutor for reduced or dismissed charges, filing motions to suppress illegally obtained evidence, and building a robust defense strategy for trial.

The SRIS Virginia Beach Case Integrity Checklist

A strong defense begins with organized and preserved information. This proprietary checklist is a practical tool our clients use to prepare for their first case assessment, ensuring no critical detail is lost and empowering them to take an active role in their own defense from day one.

In the chaotic hours and days after an arrest, critical details can be forgotten and evidence can be lost. To counteract this, we developed the SRIS Virginia Beach Case Integrity Checklist. Following these steps helps build the strongest possible foundation for your case. Before you meet with our team, take a deep breath and work through this guide.

Step 1: Document Your Recollection (The Narrative)

As soon as possible, while the memory is fresh, write down everything you can remember. Do this privately and do not share it with anyone except your lawyer. Your notes are protected by attorney-client privilege once you retain counsel.

• Before the Incident: Where were you? Who were you with? What were you doing in the hours leading up to the police contact?
• The Police Interaction: How did the contact begin? What was the first thing the officer said? What questions did they ask? What did you say? Crucially, did you consent to any searches?
• The Arrest: At what point were you told you were under arrest? Were you read your Miranda rights? If so, do you remember what they said? Did you say anything after being read your rights?
• After the Arrest: Where were you taken? Who did you interact with at the station? Were you questioned further?

Step 2: Preserve All Physical and Digital Evidence

Collect any item or digital file that could be relevant. Do not alter or delete anything.

• Documents: Gather the summons, warrant, bail papers, and any other paperwork you received from the court or police.
• Digital Footprint: Save any relevant text messages, emails, or social media posts. Take screenshots. If relevant, save GPS data from your phone showing your location.
• Physical Items: Preserve clothing you were wearing if it could be evidence. Keep receipts that might establish a timeline or alibi.
• Photographs/Videos: If there are photos or videos of the incident or its location, preserve them. If you have any visible injuries, photograph them with a timestamp.

Step 3: Identify Potential Witnesses

List every person who might have seen or heard something relevant to your case. For each person, write down:

• Full Name
• Contact Information (phone number, address)
• What you believe they witnessed.

Do not contact these witnesses yourself. Provide this list to your attorney, who will determine the appropriate way to proceed.

Step 4: Secure Your Online Presence

The Commonwealth’s Attorney can and will look at your public social media profiles. It is wise to set all profiles to private and refrain from posting anything about your case, your activities, or your state of mind. A seemingly innocent post can be misinterpreted and used against you in court.

Step 5: Compile Your Background Information

Your attorney will need to present you to the prosecutor and the court as a whole person, not just a case number. Prepare a brief summary of your:

• Employment history
• Ties to the community (family, volunteer work, church)
• Educational background
• Any prior criminal history (be completely honest)

Completing this checklist allows your first meeting with an attorney to be incredibly productive. It transforms you from a passive recipient of information into an active partner in your own defense.

Core Legal Strategies for Criminal Defense in Virginia

An effective criminal defense is not a single action but a comprehensive strategy tailored to the specific facts of the case, the evidence, and the applicable Virginia laws. Common approaches involve challenging the prosecution’s evidence, asserting constitutional rights violations, and negotiating favorable resolutions.

As a seasoned Virginia Beach criminal lawyer, my approach is never one-size-fits-all. Every case presents a unique puzzle. However, most successful defense strategies are built upon a few core pillars. The goal is always to create reasonable doubt or demonstrate that a client’s rights were violated to a degree that makes a conviction unjust or legally impossible.

Challenging the Evidence

The burden of proof is entirely on the Commonwealth. They must prove every element of the alleged crime beyond a reasonable doubt. We scrutinize their evidence for weaknesses:

• Lack of Foundation: Is the evidence what the prosecution claims it is? For example, in a drug case, we ensure the substance was properly tested by the lab and that the “chain of custody” (the documented handling of the evidence from seizure to trial) is unbroken. A gap in the chain can render the evidence inadmissible.
• Witness Credibility: Is the testimony of a key witness reliable? We investigate their background for any bias, motive to lie, or prior inconsistent statements. Inconsistencies brought out during cross-examination can dismantle a witness’s credibility in the eyes of a judge or jury.
• Insufficiency of Evidence: Sometimes, even if all the prosecution’s evidence is accepted as true, it still doesn’t add up to the crime charged. We may argue that the Commonwealth has simply failed to meet its high burden of proof on one or more essential elements of the offense.

Asserting Constitutional Violations

The U.S. and Virginia Constitutions provide powerful protections. If law enforcement violates these rights, the evidence they gather can often be suppressed, meaning the prosecutor cannot use it in court. This is often accomplished through a “motion to suppress.”

• Fourth Amendment (Unlawful Search and Seizure): Did the police have a valid warrant or a legally recognized exception to the warrant requirement before searching your person, car, or home? If not, any evidence found during that illegal search can be thrown out. This is a frequent battleground in DUI and drug cases.
• Fifth Amendment (Right to Remain Silent): Were you interrogated while in custody without being read your Miranda rights? If you made incriminating statements under these circumstances, we would move to have those statements excluded from the trial.
• Sixth Amendment (Right to Counsel): Once you have asserted your right to an attorney, all questioning must stop. If police continue to question you, any subsequent statements are likely inadmissible.

Negotiation and Plea Agreements

While we prepare every case as if it is going to trial, the reality is that many cases are resolved through negotiation. My years of experience in the Virginia Beach courts provide an understanding of the prosecutors, their priorities, and what constitutes a reasonable offer. A favorable plea agreement might involve:

• Reducing the Charge: Negotiating a reduction from a felony to a misdemeanor, or from a more serious misdemeanor to a lesser one.
• Sentence Bargaining: Agreeing to a specific, often reduced, penalty in exchange for a guilty plea, avoiding the risk of a harsher sentence at trial.
• Deferred Disposition: In some cases, particularly for first-time offenders, we can arrange for a “deferred finding” under a statute like Virginia Code § 18.2-251 for drug possession. Under this arrangement, you complete a period of probation and other conditions, and if successful, the charge is ultimately dismissed.

The choice of strategy depends entirely on the unique circumstances of your case. It is a calculated decision made between a knowledgeable client and a seasoned criminal attorney.

Common Mistakes to Avoid After a Virginia Beach Arrest

In the stressful aftermath of an arrest, individuals often make critical errors that can severely damage their case. The most common mistakes include talking to the police without an attorney, consenting to searches, and underestimating the seriousness of a misdemeanor charge.

Over my two decades in practice, I’ve seen well-meaning people inadvertently harm their own defense. Avoiding these common pitfalls is paramount.

1. Talking to the Police: This is the single most damaging mistake. Police officers are trained to elicit information. You may think you are “clearing things up,” but your words can and will be used against you. Politely state, “I am exercising my right to remain silent, and I would like to speak with an attorney.” Say nothing else.
2. Consenting to a Search: You are not obligated to consent to a search of your car, your home, or your person if police do not have a warrant. They may search anyway if they believe they have probable cause, but do not give them permission. Simply state, “I do not consent to a search.” This preserves your lawyer’s ability to challenge the search later.
3. Posting About Your Case on Social Media: As mentioned in our checklist, this is a terrible idea. Prosecutors and police monitor social media. A photo of you at a party could be used to undermine claims in a DUI case. A frustrated comment can be twisted to show a lack of remorse. Stay silent online.
4. Ignoring a Summons or Missing a Court Date: Failing to appear in court will result in the judge issuing a “capias,” or a bench warrant for your arrest. It also adds a new, separate charge of Failure to Appear. It immediately signals to the court that you are not taking the matter seriously.
5. Waiting Too Long to Hire a Lawyer: The time between your arrest and your first court date is a critical period. Evidence can be lost, witness memories can fade, and strategic opportunities can be missed. Securing representation from an experienced Virginia Beach criminal lawyer immediately gives you the best chance to build a strong defense.
6. Underestimating a Misdemeanor: People often think, “It’s just a misdemeanor.” But in Virginia, a Class 1 Misdemeanor carries up to a year in jail and can leave you with a permanent criminal record. Treat every charge with the utmost seriousness it deserves.

Glossary of Key Virginia Criminal Law Terms

The legal world is filled with specific terminology. Understanding these key terms will help you better comprehend the proceedings in your Virginia Beach criminal case.

Commonwealth’s Attorney

The official title for the prosecutor in Virginia. This is the lawyer who represents the state and is responsible for prosecuting criminal cases.

Felony

A serious crime, as defined by the Code of Virginia, punishable by a term of imprisonment of more than one year in a state correctional facility.

Misdemeanor

A less serious crime than a felony, punishable by up to 12 months in jail, a fine, or both. These cases are initially heard in the General District Court.

General District Court

The court in Virginia Beach where all misdemeanor trials and felony preliminary hearings are held. There are no juries in this court; all cases are decided by a judge.

Circuit Court

The higher-level trial court in Virginia Beach. It handles all felony trials and appeals from the General District Court. This is where you can have a trial by jury.

Discovery

The formal process through which the defense obtains evidence from the prosecution. This includes police reports, witness statements, lab results, and any evidence favorable to the accused (known as “Brady material”).

Plea Agreement

A negotiated settlement between the defense and the Commonwealth’s Attorney where the defendant agrees to plead guilty, often to a lesser charge or for a specific sentence, to avoid the risk of a trial.

Common Scenarios for a Virginia Beach Criminal Lawyer

Many people assume their situation is unique, but over the years, I’ve seen recurring patterns and questions. Here are a few common scenarios that land on the desk of a criminal attorney in Virginia Beach.

Scenario 1: The Tourist Arrested at the Oceanfront

“I was visiting Virginia Beach from North Carolina for the weekend and got arrested for public intoxication and disorderly conduct near the boardwalk. I have a court date but I live hours away. Do I really need to come back and get a lawyer for this?”

My Perspective: Absolutely. First, failing to appear will result in a warrant for your arrest, which could cause problems in your home state. Second, a Virginia conviction can sometimes impact your record back home. An experienced local lawyer can often appear in court on your behalf for certain misdemeanors, potentially negotiating a dismissal or a resolution that doesn’t require your presence. We handle cases for out-of-state clients constantly, navigating the logistics to minimize the disruption to their lives while vigorously defending the charges.

Scenario 2: The Shoplifting Charge at Lynnhaven Mall

“I was stopped for shoplifting at a department store in Lynnhaven Mall. The amount was about $150. They gave me a summons for Petit Larceny. It was a stupid mistake and I’m so embarrassed. Can I just pay a fine?”

My Perspective: Petit Larceny (theft of items valued under $1,000) is a Class 1 Misdemeanor. It is not a simple fine like a traffic ticket. It’s a “crime of moral turpitude,” meaning a conviction can brand you as dishonest and have serious consequences for employment and background checks. Pleading guilty without counsel is a significant risk. For a first-time offender, a skilled attorney can often negotiate for a deferred disposition or entry into a first-offender program, which could lead to the charge being dismissed after a period of good behavior, preserving your clean record.

Scenario 3: The Student with a Marijuana Summons

“I’m a college student and I was cited for possession of marijuana. I know it’s been ‘legalized’ in Virginia, so what’s the big deal? Is it worth getting a lawyer?”

My Perspective: This is a common point of confusion. While Virginia has legalized possession of small amounts for adults 21 and over, there are still many ways to be charged. For example, possession by someone under 21 is still illegal. Possession on school grounds or in public can also lead to charges. A conviction, even for what seems like a minor offense, can jeopardize student loans, campus housing, and future opportunities. A lawyer can analyze the specific statute you were charged under, check for any constitutional issues with the stop, and work to protect your academic and professional future.

Frequently Asked Questions

1. Do I really need a lawyer for a misdemeanor?

Yes. In Virginia, a Class 1 Misdemeanor carries penalties as severe as a Class 6 Felony (up to 12 months in jail). A conviction results in a permanent criminal record. A knowledgeable lawyer can navigate the system to protect your record and your liberty.

2. How much does a Virginia Beach criminal lawyer cost?

The cost varies widely depending on the complexity and severity of the charge (misdemeanor vs. felony), whether the case goes to trial, and the attorney’s experience. Most seasoned criminal defense attorneys work on a flat fee basis rather than hourly, so you know the full cost upfront. We provide a clear fee structure during our confidential case assessment.

3. What is the difference between being arrested and being charged?

Arrest is the act of taking someone into custody. A charge is the formal accusation of a crime, filed by the Commonwealth’s Attorney. You can be arrested and later have the charges dropped (“nolle prosequi”) before trial.

4. The police didn’t read me my Miranda rights. Will my case be dismissed?

Not automatically. The Miranda warning is required only when you are in custody AND being interrogated. If police fail to read you your rights, any statements you make during that custodial interrogation can be suppressed. However, the case can still proceed with other evidence.

5. What is attorney-client privilege?

This is a fundamental rule of law that protects communications between you and your attorney from being disclosed to anyone, including the prosecutor or the court. This allows you to be completely honest with your lawyer without fear that your words will be used against you.

6. Can I get my charge expunged in Virginia?

Expungement (the sealing of a criminal record) is very limited in Virginia. You can only expunge a charge if you were acquitted (found not guilty), the charge was dismissed, or the prosecutor chose not to prosecute (nolle prosequi). You cannot expunge a conviction, which is why fighting the charge from the outset is so critical.

7. What should I wear to court in Virginia Beach?

Dress conservatively, as if you were going to a job interview or a church service. For men, a suit or a collared shirt and slacks is appropriate. For women, a conservative dress, skirt, or pantsuit. Avoid jeans, shorts, t-shirts, and hats. Showing respect for the court is always a good idea.

8. The alleged victim wants to “drop the charges.” Can they?

No. Once charges are filed, the case is “The Commonwealth of Virginia v. You.” The alleged victim becomes a witness for the Commonwealth. While their wishes may influence the prosecutor’s decision, they do not have the legal authority to drop the charges.

9. What is a “deferred disposition”?

For certain offenses, particularly for first-time offenders, a judge can “defer” a finding of guilt and place you on probation with specific conditions (e.g., community service, substance abuse classes). If you successfully complete the probationary period, the court will dismiss the charge.

10. Why should I hire a local Virginia Beach criminal attorney?

A local attorney has invaluable familiarity with the Virginia Beach courts, the judges, and the Commonwealth’s Attorneys. They understand the local procedures and unwritten rules of the courthouse, which can be a significant advantage in negotiating and managing your case.

11. Should I take a plea deal?

This is a complex strategic decision that should only be made after a thorough review of the evidence and a confidential discussion with your attorney. A good lawyer will explain the strengths and weaknesses of your case, the risks of going to trial, and the benefits of the proposed plea so you can make an informed choice.

12. What happens if I can’t afford a private attorney?

If the court determines you are “indigent” (unable to afford a lawyer), it will appoint a public defender or a court-appointed attorney to represent you. You have a right to counsel regardless of your ability to pay.

13. My case is in General District Court. Can the prosecutor appeal if I win?

No. If you are found not guilty in General District Court, the principle of “double jeopardy” attaches, and the Commonwealth cannot appeal. However, you, the defendant, have an absolute right to appeal a conviction from General District Court to the Circuit Court for a brand new trial.

14. What is a “nolle prosequi”?

This is a Latin term meaning “unwilling to prosecute.” It’s a formal notice from the prosecutor that they are dropping the charges at that time. However, they can potentially bring the charges back later if new evidence appears, as long as it’s within the statute of limitations.

15. I was just given a summons. Is that the same as being arrested?

Legally, yes. A summons is a form of arrest where you are not taken into physical custody. It is a court order compelling your appearance to answer for a criminal charge. It should be treated with the same seriousness as a custodial arrest.