Criminal Defense in Virginia


Being charged with a crime in Virginia is one of the most difficult things a person experiences. You’re facing an institution that has resources you don’t and time to prepare you didn’t get. The consequences of a conviction can outlast the sentence — jail or prison time, a criminal record, the loss of civil rights such as the right to vote and possess a firearm, and significant consequences in employment, housing, immigration, and family law. The way you handle the case from the day you’re charged shapes how much of that you face.

That’s the work we do. Joyner Law handles the full range of criminal cases in Virginia — from simple misdemeanors to serious felonies, whether they turn into cases that resolve before trial or become complex cases that go to a jury. Drug charges including possession of controlled substances and possession with intent to distribute, assault and battery, malicious wounding and aggravated malicious wounding, domestic violence and protective order violations, larceny and theft including grand larceny and embezzlement, robbery and armed robbery, abduction, burglary, weapons charges including possession of a firearm by a convicted felon, fraud and financial crimes including identity theft and credit card fraud, probation violations, sex offenses including rape and aggravated sexual battery, and murder including capital cases — the full scope of what Virginia prosecutes. Our attorneys have stood on every side of a Virginia courtroom that matters in a criminal case — private defense, public defenders’ offices, court-appointed work, and prosecution with the Commonwealth’s Attorneys’ Office — and we use that perspective to analyze your case the way every party involved is going to analyze it. The Commonwealth’s Attorney knows what their case looks like from their side. We know what it looks like from theirs, from the defense table, and from the bench’s view of both. That’s the analytical advantage we bring to every case we take.

The first thing we do is file discovery. We want the case as the Commonwealth has it: the police report, the witness statements, the physical evidence, the forensic results, the body camera, the dashcam, any expert findings, and every record we can compel the Commonwealth to produce. A real defense starts with knowing what the other side actually has, not guessing at it. From there, we read the case at each step — the stop or the contact that produced the charge, the basis for the arrest, the chain of custody on physical evidence, the qualifications of any expert the Commonwealth intends to call, the procedural posture of any motion they’ve filed or will file, and the strength of every witness they intend to call. Criminal cases get reduced, dismissed, or won at trial when the work has been done to find where the Commonwealth’s case is weak — and where it’s strong, to prepare you for what’s actually coming.

We try cases. Every attorney here is a trial attorney, and every case we take is built to be tried if that’s where it needs to go. That’s not the same as saying every case goes to trial — most don’t, because often cases resolve favorably before trial when the work has been done to put them in that position. But the work that goes into a credible trial posture is the same work that produces the strongest plea position when trial isn’t the right outcome. Filing comprehensive discovery and reading every line of what the Commonwealth produces. Preparing witnesses and identifying which Commonwealth witnesses create problems, with our case or the Commonwealth’s. Filing motions to suppress evidence that shouldn’t be admissible, motions in limine that constrain what the Commonwealth can use at trial, and motions to dismiss when the law supports them. Challenging the qualifications of expert witnesses and the chain of custody on physical evidence. Identifying and preparing our own expert witnesses where the defense needs them. Preparing for jury selection in cases that warrant it, with attention to which jurors the Commonwealth wants and which ones we want. We do that work on every case we take because the prosecutor reading our file should see a defense ready to go to trial. That’s what produces the better outcome whether or not the case actually gets there.

We don’t run a high-volume practice with thin attention on each case. The operational efficiency the firm is built on — flat-rate billing, streamlined intake, every case reviewed by multiple attorneys, technology supporting our process from end to end — exists for one reason: to free our attorneys from administrative drag so they can spend their time on your defense, not on paperwork or overhead. The same systems that let us offer affordable rates are what let us put serious depth into the criminal cases we take, because the work of building a real defense — discovery review, motion drafting, witness preparation, legal research, jury selection prep — is what our attorneys spend their time on, not billing entries and intake forms. Criminal defense is a substantial part of what we do, and the firm is built so every case we take gets the attention it deserves regardless of where it falls on the spectrum of charges.

We’re going to be honest with you about what your case looks like. Not because honesty is a marketing virtue, but because every decision you make from here — whether to plea, whether to take the case to trial, whether to invest in a thorough defense or a lighter touch — depends on understanding the real position you’re in. We’ll walk you through every option, give you a real pro-and-con analysis of each, and provide a written quote for the full fee before you decide to hire us. The consultation is free, and so is the assessment.

Do you represent clients for all types of criminal cases?

Yes, we handle the full range of criminal cases in Virginia, from misdemeanors through the most serious felonies. We also offer services adjacent to criminal defense, like expungements and appeals. No matter what you’re charged with, we’re here to help.

The police called me and told me there’s a warrant for my arrest. What should I do?

If there’s a warrant for your arrest, the first thing you should do is contact a criminal defense attorney experienced with your situation to go over your next steps.

Often, you’ll be unsure of the procedure of surrender and the questions surrounding what will happen if you turn yourself in. We can help you prepare for this situation and position you properly for the next steps after the warrant is executed.

The police want to bring me in or meet with me for questioning regarding an ongoing investigation. What should I do?

It depends on what’s going on in your case. Whether to speak to the police is a fact-dependent determination, and one you shouldn’t navigate without an experienced attorney by your side.

All too often, speaking with the police to try to clear up a misunderstanding results in an arrest. Speaking with the police is not required, and very frequently not advisable — but there are circumstances where speaking with the police while you’re with your criminal defense attorney can help.

Do I have to talk to the police before, during, or after I am arrested?

No, the only information you’re typically ever required to provide law enforcement is basic identifying information. It’s usually best not to talk to the police, but the facts and circumstances of each situation are unique. The decision to speak with the police before, during, or after your arrest is an important one that should be carefully and fully evaluated with your criminal defense attorney as soon as possible.

I was not read my Miranda Rights. Does that help my case?

When you’re arrested, the arresting officer will typically read you the Miranda warning, advising you that you have the right against self-incrimination and the right to legal representation.

Where the situation gets murky is when you’re not in custody and the officer asks you questions without reading you the Miranda warning. This isn’t a lapse in procedure — you’re free to politely decline, and the officer is allowed to ask you questions. Furthermore, the remedy for a Miranda violation is the exclusion of statements you made after you should have been advised of your Miranda rights. Sometimes there’s enough evidence that the case against you is strong without the statements you made to the officer. Other times, failure to receive the Miranda warning can prove fruitful in your case.

If you didn’t say anything, great — there’s no issue here. If you did, it’s important to contact a criminal defense attorney to go over the timeline of events and see how best to move forward in defending your case.

Yes, the officer only needs reasonable suspicion that you’ve committed a crime — and a traffic violation counts — to stop you. Once you’re stopped, the officer needs probable cause to initiate a search. There’s a lot of nuance here, but the short answer is yes: an officer can stop you and search your vehicle if they can establish an appropriate reason for doing it.

If the officer subsequently arrested you because they found something during the course of their search, they don’t have to issue you a citation for the underlying traffic offense. They can testify as to the reason for the stop, and that testimony is sufficient evidence for establishing reasonable suspicion.

How does bail work?

The purpose of the bail bond system in Virginia is to allow an accused person to be released from jail while awaiting trial, and to ensure their compliance with pretrial services and their attendance at court.

If you’ve been arrested for a criminal offense, the first thing you’ll consider is how you’re going to get out of jail. In some cases there’s a presumption against bail, and we’ll need to schedule a bond hearing as soon as possible. In other cases, the judge or magistrate may set a bond using one of three options:

  • Personal recognizance — you sign a written promise to appear and no money will have to be promised or paid.
  • Unsecured bond — similar to a personal recognizance bond in that you don’t have to pay any money to get out, but you sign an agreement to pay a certain amount if you miss any required court appearances.
  • Secured bond — you have to pay a certain amount in order to be released. If you appear at all of your scheduled court hearings, the money will be returned to you. In these cases, most people use a bail bondsman to front the money. Bondsmen typically charge a nonrefundable fee of 10-15% of the bond amount.

The court may also require other non-monetary conditions of your bond that you must strictly follow, such as curfews, electronic monitoring, SCRAM bracelets, maintaining employment, or any other recommendations from Pretrial Services.

Failure to comply with any conditions of your bail will likely result in a revocation, and you’ll be brought back into jail — so it’s imperative that you discuss your bail situation with a seasoned attorney as soon as possible.

My loved one is currently in jail awaiting trial. How do I help them hire a criminal defense attorney?

We always need to speak with the person who’s actually charged with the criminal offense before beginning representation, but that gets tricky when they’re currently incarcerated.

In these cases, we’ll typically arrange a jail visit for a small fee. You can pay that fee, and we’ll go to jail and meet with your loved one about their case. We won’t conduct these consultations by phone from the jail line, as those calls are actively monitored and recorded. While the jails do try to limit recording and monitoring of attorney calls, it happens, and we don’t want to risk it.

If your loved one decides to hire us, we’ll credit the jail visit fee toward the fee for representation.

What is an arraignment? What is going to happen, and do I need to hire an attorney before I am arraigned?

Yes, if your case is set for arraignment, you must appear. In certain cases in a few jurisdictions, we may be able to appear on your behalf or have your arraignment waived altogether, but you should absolutely confirm with your attorney regarding your appearance at your arraignment.

An arraignment in Virginia is the first appearance an accused person will make before the Court, and the procedure typically goes like this:

  • The Court will make sure that you are the person on the summons;
  • The Court will inform you of the allegation and make sure you understand what you are charged with;
  • You will be advised that the charge you are facing carries the possibility of a jail sentence;
  • You will be informed of your right to be represented by an attorney;
  • You will be asked if you intend on applying for a court-appointed attorney, plan to hire your own attorney, or plan to represent yourself; and
  • The Court will inform you of your next court date.

It is not typically necessary to hire an attorney prior to your arraignment, but it is always a good idea to at least consult with one before you go to court.

How does my case move through the courts in Virginia?

Misdemeanors largely begin and end in General District Court. Any appeal arising out of a conviction from General District Court will be heard by the Circuit Court. There are some instances of a direct indictment in Circuit Court on a misdemeanor charge, but it’s less common.

Felonies typically begin in General District Court with your arraignment, pretrial hearings, and preliminary hearing. They then may be certified to a grand jury in Circuit Court, where the case continues. It’s also common for a felony charge to originate from a direct indictment in Circuit Court, where it bypasses General District Court altogether.

The procedure for how criminal charges move through the Virginia judicial system is complex, and navigating that process typically requires the assistance of a criminal defense attorney to make sure you’re properly represented at each stage and your rights are protected.

What is the difference between a felony and a misdemeanor?

The primary distinction between felonies and misdemeanors is how they’re punished. Misdemeanors are less serious than felonies and are punished less significantly. Felonies and misdemeanors are subcategorized by class:

Felonies:

  • Class 1 Felony — death, or imprisonment for life, and a fine of not more than $100,000.
  • Class 2 Felony — imprisonment for life or any term not less than 20 years, and a fine of not more than $100,000.
  • Class 3 Felony — imprisonment of not less than 5 nor more than 20 years, and a fine of not more than $100,000.
  • Class 4 Felony — imprisonment of not less than 2 nor more than 10 years, and a fine of not more than $100,000.
  • Class 5 Felony — imprisonment of not less than 1 nor more than 10 years; or confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
  • Class 6 Felony — imprisonment of not less than 1 nor more than 5 years, or confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

Misdemeanors:

  • Class 1 Misdemeanor — confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
  • Class 2 Misdemeanor — confinement in jail for not more than 6 months and a fine of not more than $1,000, either or both.
  • Class 3 Misdemeanor — a fine of not more than $500.
  • Class 4 Misdemeanor — a fine of not more than $250.

Unclassified Crimes:

  • Crimes that don’t fall into one of the classes described above are called unclassified.
  • The statutes that designate these types of crimes contain their punishments within the section or sections that create the offense.
  • Examples include robbery, grand larceny, money laundering, and distribution of a Schedule I or II controlled substance.

If you’re unsure what type of penalties are associated with your charge, or have any other questions about misdemeanors or felonies in Virginia, give us a call.

Can I or should I represent myself in my criminal case?

You always have the right to represent yourself in any case in Virginia. A common quote used by attorneys as a reason they won’t even represent themselves is, “a man who is his own lawyer has a fool for a client.” There’s a reason attorneys in Virginia are required to have a Juris Doctor and pass the State Bar Exam to practice law: the law is complex and unforgiving. That’s especially true in a criminal case, where your freedom may be at stake.

An attorney in your case is beneficial for several reasons. They’re familiar with the judge, the court rules, and the prosecutors, and know how to handle your case to get the best possible outcome. In some cases, the prosecutors won’t speak to or work out deals with unrepresented defendants.

You also might run into the issue of having to navigate defending yourself while still protecting your rights. You might not know that what the officer is testifying about is generally inadmissible. When the officer finishes their testimony, you might not be aware that there’s an opportunity to move the court to strike the case based on the lack of evidence — and when you start talking about your side of the story, the gaps in what happened start to close.

The only way to know for sure whether you should represent yourself is to contact an attorney familiar with the court and your case who you can trust to give you the appropriate guidance on what’s right for you.

What should I expect from the attorney that represents me?

You should expect that your criminal defense attorney has the knowledge of the law and the experience defending the type of charge you’re facing necessary to put you in the best position possible.

You should expect your attorney to walk you through every possible scenario — evaluating your options for how to handle the case, performing a real risk assessment for going to trial, planning your defense, and giving you an honest pro-and-con analysis of every legal option available to you.

You should expect confidentiality in all of your communication, and you should expect that communication to be open and timely. You should know what’s going on in your case, and you should be aware of everything the attorney is doing and plans to do to defend you. You should expect your attorney to contact you about developments in both your case and developments in how the attorney is preparing your case.

You should also expect your attorney to bring creativity and effective communication with the prosecution to make sure no stone is left unturned and every avenue of defense has been explored.

If I get offered a plea bargain, should I take it?

Any plea bargain or offer from the Commonwealth should be carefully evaluated with your criminal defense attorney to make sure your rights are protected and you fully understand what you’re agreeing to.

In some cases, taking a plea is the best option. In others, the offer may not be appreciably better, or may offer no real benefit over taking your chances at trial. Sometimes your defense is strong enough that we wouldn’t consider any offer other than a dismissal. It really depends on the facts and circumstances of your case.

It’s also important to consider what impact a plea offer may have on your ability to note an appeal, and whether the short-term benefit of the plea is worth the long-term consequences associated with it.

How does jail time or prison time work in Virginia?

It’s more apt to differentiate sentencing as misdemeanor time vs. felony time. Misdemeanor time is typically served as 50% of your sentence. For example, if you’re convicted of a misdemeanor offense and given six months, you’ll likely only serve three months before release. Felonies, on the other hand, are usually served at 85% of the sentence, with the remaining 15% largely at the discretion of the jail or prison policies on giving you credit for good behavior.

There are a few important distinctions to note:

  • Mandatory time must be served fully. If you’re convicted of a misdemeanor and given a sentence of six months with 30 of those days being mandatory, you’ll serve the full 30 days of mandatory time plus 50% of the remaining five months — totaling about three and a half months.
  • Felony sentences take precedence over misdemeanor sentences and are served first.
  • Jails and prisons typically calculate their time differently. Some jails use a calendar day versus other jails that use 24-hour days. Other jails may use calendar months, while some use a standard 30 days as a month across the board.

If you’re unsure how much time you may serve or how your sentence will be calculated, it’s important to discuss those issues with a criminal defense attorney familiar with that particular jurisdiction, jail, and prison to give you an accurate assessment.

Is there parole in Virginia, and how does a suspended sentence work?

There is no parole in Virginia. Discretionary parole was abolished in Virginia for felonies committed in or after 1995, and now Virginia requires offenders to serve at least 85% of their sentences, with the ability to earn good-behavior credit toward an earlier release date.

Instead, Virginia courts typically suspend portions of your sentence and condition that suspended time on probation — whether supervised or unsupervised — for a number of years with conditions.

For example, if you’re sentenced to five years and the judge suspends four of those years, you’ll serve at least 85% of the one year not suspended, and will be released after that time is served. Upon release, your suspended time will be conditioned on you keeping the peace, being of good behavior, and complying with any other conditions of the suspended time for some number of years after.

What impact will this have on my immigration status?

If you’re concerned about the potential impact your criminal charge may have on your immigration status, it’s imperative to consult with an immigration attorney about your case in addition to your criminal defense attorney.

We frequently work closely with immigration attorneys in the area to make sure you’re best positioned to defend yourself in court while working to minimize any immigration consequences that may arise from what you’re charged with.

Immigration law is a rapidly changing and complex area that we’ve consciously chosen not to handle ourselves. We can’t be the best criminal defense attorneys for you if we have to spend time away from your defense to stay current with immigration issues, and most well-qualified immigration attorneys feel the same way about their practices.

If you have immigration issues, we can point you in the right direction to someone who can help.

What impact will this have on my job or education?

It depends on your career path, your employer, and your schooling situation. It also depends on what you’re charged with and the likelihood of incarceration.

To know for sure, we’ll need to discuss your case thoroughly so we can properly assess how to move forward.

Will the court give me an attorney if I can’t afford one?

Typically yes — if you’re eligible for a court-appointed attorney, the judge can appoint one to you. If the Commonwealth waives jail, the judge won’t appoint an attorney to you, and you’ll either have to represent yourself or hire a private attorney.

If you’re indigent, you may be eligible, but the threshold is very low to miss out. If you’re unsure if you may qualify, give us a call and we’ll give you an honest assessment of whether you’re going to be appointed an attorney. Keep in mind that court-appointed attorneys aren’t exactly “free” — their cost is simply added to your court costs on the back end of your case in the event you’re found guilty of some offense.

How do your fees work for criminal cases? Are they all flat rates?

Virtually all of our fees are flat rates for criminal offenses. We often allow for payment plans or more creative payment arrangements for certain criminal cases.

Payment Plans

For most payment plans, we require at least half of the fee paid upfront to begin representation. The remaining balance can be paid in partial payments or in full at any time prior to the final hearing of your case, but the fee must be paid in full prior to that date.

Limited Scope Arrangements

In certain circumstances, most commonly felony charges, we allow for smaller fees to be paid when we limit the scope of representation to some extent. For example, if you’re charged with something we feel will likely be resolved prior to certification to Circuit Court, or will otherwise likely not make it to a full trial in Circuit Court, we can agree to a smaller fee and limit representation to General District Court — any representation in Circuit Court would require a new fee agreement.

We feel that some cases don’t warrant exceptionally high fees that encompass the possibility of a trial in Circuit Court. If we resolve your case favorably early on, you shouldn’t have to pay us as if we had a full-blown jury trial in Circuit Court. We’ve found this arrangement can be particularly helpful for a lot of our clients.

Contact Us

The next step is a conversation

If you’ve been charged with a crime in Virginia — or you think you’re about to be — the next move is talking to someone who handles these cases. We’ll review what you’re facing, give you an honest read on the strengths and weaknesses of your case, and provide a written quote for the full fee before you decide whether to hire us. The consultation is free, and so is the assessment — whether or not you decide to work with us.

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