Criminal Defense Attorney in Virginia

Take Your Criminal Charges Seriously. We Do.

Criminal charges are frightening, with good reason. A conviction can send you to jail, subject you to high fines, and leave you with a criminal record. The antidote to fear is a well-crafted, well-executed defense strategy. Most people need an experienced Virginia defense attorney to obtain a positive outcome, such as the following, after a criminal arrest or investigation:

• Case dismissed
• Probation
• Reduced charges, fines and/or jail time
• Reduced bail
• First-time offender remedies, leaving you with no criminal record
• Deferred prosecution, perhaps involving substance abuse treatment, anger management counseling, or restitution

At Randall, McClenney, Daniels & Dunn, PC, our legal team has 202 combined years of law practice experience. Our defense lawyers fight hard for clients’ freedom, futures, and best interests.

Felonies vs. Misdemeanors

Virginia criminal law puts most criminal offenses into two categories: felonies and misdemeanors. No matter what your unique scenario is, Randall, McClenney, Daniels & Dunn has got you covered.

Felonies

A felony is a serious crime that carries a penalty of at least one year in prison and a fine. Virginia divides felony offenses into six classes, with Class 1 being the most serious and Class 6 the least.

• A Class 1 felony conviction can result in life imprisonment and a fine of up to $100,000.
• A Class 6 felony conviction can result in any of the following: 1-5 years of imprisonment, jail time of up to 12 months, and a fine of up to $2,500.

Virginia eliminated capital punishment in 2021, so the most severe penalty that a court can impose is life imprisonment without parole. More serious felony charges often result from violent crimes or crimes that involve large quantities of money or something else of value.

Examples of felony offenses in Virginia include:

• Murder, including aggravated murder and second-degree murder;
• Manslaughter;
• Burglary;
• Arson;
• Aggravated assault;
• Child abuse;
• Forging public records;
• Major drug crimes, such as drug possession with intent to distribute;
• White collar crime offenses;
• Grand larceny; and
• Driving under the influence (DUI) with two or more prior convictions in the past ten years.

The Commonwealth of Virginia will classify your offense as a misdemeanor or felony based on the severity of the alleged crime. For example, possession of more than an ounce of marijuana would be a simple misdemeanor, but the possession of many kilos of cocaine would be a very serious felony. A strong defense may mean persuading a prosecutor to reduce your charges to help you avoid the most severe penalties. Every case brings unique opportunities for a successful outcome.

Misdemeanors

A misdemeanor is a less serious crime that might result in a maximum twelve-month sentence. While prisons fall under the jurisdiction of the Commonwealth of Virginia or the federal government, local governments have authority over jails. Prisons only house people who have been convicted of criminal charges. Jails include people serving sentences for misdemeanor convictions and people awaiting trial.

Virginia divides misdemeanors into four classes. Class 1 and 2 misdemeanors can result in jail time and a fine. The penalties for Class 3 and 4 offenses are limited to fines.

Examples of Virginia misdemeanors include:

• DUI with no more than one prior conviction in the last decade;
• Reckless driving;
• Other traffic offenses, such as driving without a license;
• Minor drug offenses;
• Assault and battery;
• Disorderly conduct;
• Petit larceny; and
• Trespassing.

Common Cases Our Clients Face

We are prepared to take on practically any criminal matter. Whether you were accused of shoplifting or arrested on suspicion of a serious violent crime, we will work hard to improve your chances of a favorable outcome. Contact us as soon as you know or suspect that you have been or might be charged with a crime such as the following:

• A white collar crime, such as forgery or embezzlement
• A violent crime, such as assault and battery, domestic violence or malicious wounding
• A moving or more serious traffic violation
• Driving or operating under the influence (DUI) and/or vehicular manslaughter
• A drug crime, such as the possession, cultivation, manufacturing, distribution or trafficking of controlled or banned substances or paraphernalia
• A sex crime, such as rape, sexual assault, prostitution or the exploitation of a child

What is Considered “Reckless Driving” in Virginia?

The misdemeanor offense of reckless driving includes a wide range of traffic violations under Virginia criminal law. While drivers are probably familiar with many of the acts that constitute reckless driving, some are unique to Virginia and a few other states:

• Driving in a way that “endanger[s] the life, limb, or property of any person;”
• Driving with faulty brakes;
• Passing a vehicle on a two-lane highway when the driver has an obstructed view of oncoming traffic;
• Failing to slow down or move over when driving past a stopped emergency vehicle with its blue or red lights on; and
• Driving over 85 miles per hour or more than 20 miles per hour over the posted speed limit.

A reckless driving charge can have more serious consequences if the alleged act results in a car accident.

How to Expunge a Criminal Record In Virginia

Virginia law allows people to petition a court to remove arrests and criminal charges from the court’s files in a process known as “expungement.” A court can expunge the records of criminal cases with the following outcomes:

• Dismissal of charges without a conviction;
• Verdict of not guilty;
• Arrests with no criminal charges or conviction;
• Charges that were subject to a pardon by the governor or president;
• Charges that resulted from identity theft; and
• Some juvenile criminal charges.

A law that will take effect in 2025 will also allow courts to seal the records of certain convictions, including some misdemeanors and Class 5 or 6 felonies.

How Many Yearly Expungement Orders Are Granted?

During each year from 2017 to 2019, the Virginia State Police received about 4,000 expungement orders for criminal cases that did not result in convictions.

What is Automatic Expungement?

A law that will take effect in 2025 allows the Commonwealth of Virginia to expunge the records of certain criminal cases. To qualify for automatic expungement, a person must:

• Be eligible for expungement under Virginia criminal law;
• Have no other criminal convictions in Virginia; and
• Have no arrests or criminal charges in the past three years.

A person who does not meet the second or third criterion may still be able to petition a court for expungement.

What is Virginia’s Expungement Process?

Under current law, the expungement process consists of the following steps:

• File a petition with the circuit court that heard the original criminal case.
• Submit fingerprints.
• Pay a filing fee.
• Attend a hearing to argue why the court should order expungement.

If the court grants the petition, the charge will no longer appear in the person‘s criminal history. Anyone who wants to view records from that criminal case must get a court order.

Frequently Asked Questions

Do I really need a felony lawyer if I’m under investigation but not charged yet?

Absolutely. The pre-charge phase is when a skilled felony lawyer can protect your rights, manage communications with law enforcement, and sometimes prevent formal charges or reduce what’s filed. Early counsel helps you avoid harmful statements, preserve favorable evidence (texts, video, location data), and prepare for potential warrants or interviews. An attorney can also start negotiating with prosecutors, line up character references, and explore diversion or alternative resolutions when available. If charges do come, your lawyer is already up to speed—saving critical time in the first court appearances. Waiting until an arrest risks losing leverage and missing deadlines that can shape bail, conditions of release, and strategy. If you believe you’re being investigated (or were contacted by police), do not go it alone. Politely decline to answer questions and ask to speak with counsel.

What’s the difference between a misdemeanor and a felony, and how does a felony lawyer help?

Misdemeanors are generally less serious, with lower potential jail time and fines, while felonies carry harsher penalties, long-term collateral consequences (employment, housing, immigration), and more complex court procedures. Felony cases often involve grand jury processes, enhanced discovery, and sentencing guidelines that require careful mitigation work. A felony lawyer assesses the evidence, challenges unlawful searches or identifications, and uses motions practice to suppress or exclude weak proof. They also build a mitigation package—documenting treatment, work history, community ties, and expert evaluations—to influence charging and sentencing. In some cases, your lawyer can pursue charge reductions (felony to misdemeanor), diversion, or alternative dispositions. Because a felony record can follow you for life, getting the strategy right from day one matters.

What happens at my first court date for a felony, and what should I bring?

Your first appearance (often an arraignment) addresses the formal charge, your rights, and release conditions. The judge may set bond, impose no-contact or travel restrictions, and schedule the next date. A felony lawyer prepares you for what to say (and not say), argues for the least restrictive release, and ensures you don’t inadvertently waive rights. Bring identification, any paperwork you’ve received, a list of potential witnesses, and proof of employment, school, or community ties that support release. If there are immediate defenses – alibi details, surveillance footage locations, or medical records – flag them for counsel right away so preservation letters can go out. Dress respectfully, arrive early, and do not discuss facts in open court without your lawyer. After arraignment, deadlines for discovery and motions start running quickly.

After a DUI arrest, how soon should I contact a DUI lawyer and what can they do right away?

Immediately. Some DUI-related deadlines start fast – especially those tied to license consequences or administrative hearings. A DUI lawyer can request discovery (police reports, video), analyze the traffic stop, field sobriety testing, breath or blood procedures, and calibration records. They’ll evaluate whether the stop lacked reasonable suspicion, whether tests were administered by the book, and whether medical conditions or mouth alcohol could skew results. Counsel can also advise on steps that may help – from alcohol assessments to installing an ignition interlock if appropriate – to position you for reduced penalties or restricted driving privileges. Early representation also helps with bond issues, work travel needs, and negotiating short-term remedies with the court. Do not delay; even “routine” DUI cases carry serious consequences for your license, insurance, employment, and record.

Will I lose my license for a first-offense DUI, and can a DUI lawyer help me keep driving?

A first-offense DUI can trigger both court penalties and separate administrative or statutory license consequences. The exact outcome depends on factors like your BAC, refusal allegations, accident involvement, and prior history. A DUI lawyer examines whether there are defenses to the stop, testing, or refusal, and whether procedural errors can help you avoid or reduce a suspension. In many cases, even if you face a suspension, counsel may help you pursue a restricted license for work, school, medical appointments, or family obligations – sometimes with ignition interlock requirements. Completing alcohol education or treatment early can strengthen your position. Because deadlines to contest or manage license issues are short, fast action matters. Every case is unique and laws change, so get personalized guidance before you make decisions.

What are the penalties for a repeat-offense DUI, and why is a DUI lawyer crucial?

Repeat-offense DUIs carry enhanced jail exposure, longer license suspensions, mandatory ignition interlock, higher fines, and stricter probation terms. Prior convictions can also limit plea options and increase collateral consequences like employment hurdles and insurance costs. A DUI lawyer will scrutinize whether the prior convictions are valid for enhancement (not all priors count the same way), challenge the present stop and testing, and develop mitigation evidence – treatment compliance, sobriety monitoring, or continuous alcohol tracking – to demonstrate risk reduction. In some situations, counsel can negotiate charge reductions, alternative sentencing structures, or specialty-court options. Because repeat offenses raise stakes dramatically, early counsel can mean the difference between jail time and a more manageable outcome. Don’t assume the case is unwinnable; many defenses turn on technical details in the stop, testing chain of custody, or officer training.

Is there a difference between simple drug possession and possession with intent, and how can a possession lawyer help?

Yes. Simple possession typically means drugs were for personal use, while possession with intent involves evidence suggesting distribution—quantity, packaging, scales, cash, or communications. Intent charges often carry harsher penalties and can affect eligibility for diversion or treatment-focused resolutions. A possession lawyer examines how the drugs were found (searches, vehicle stops, home entries), whether the state can prove you actually possessed or knew about the substance, and whether “intent” evidence is weak or explainable. They may challenge the legality of the stop or warrant, chain of custody, and lab testing. Counsel can also pursue options like suppression, charge reductions (intent to simple), or negotiated outcomes tied to treatment and compliance. Because the label on the charge drives both exposure and negotiation leverage, early analysis is critical.

Are marijuana charges treated differently from other controlled substances, and what should I know?

Marijuana laws are evolving and can differ significantly from rules for other controlled substances. In many jurisdictions, limited personal possession by adults may be decriminalized or treated less severely, while larger quantities, distribution indicators, or possession in sensitive locations (schools, jails) can still trigger serious charges. Edibles, concentrates, and THC-vape products may be regulated differently than plant material, and age matters – possession by minors can carry unique consequences. A possession lawyer will parse the exact statute, weigh the amount and form, and challenge searches, testing, and “intent” inferences. They’ll also evaluate eligibility for diversion, treatment, or conditional dismissals where available. Because cannabis rules change and details determine outcomes, do not rely on general internet guidance. Get jurisdiction-specific advice that accounts for your age, amount, and setting.

I was charged with drug possession after a car stop—can a possession lawyer get the evidence thrown out?

Potentially. Vehicle stops must be supported by legal justification (such as a traffic violation), and any subsequent search must comply with constitutional rules. A possession lawyer will analyze dash/body-cam footage, the stated reason for the stop, the duration of the detention, consent issues, and whether officers exceeded the scope of the stop. They’ll challenge probable cause for any search, contest canine sniffs or delays, and examine how and where the drugs were allegedly found (driver area vs. passenger or trunk). If the stop or search violated your rights, the court can suppress the evidence – often leading to dismissals or substantial negotiations. Even when suppression isn’t available, counsel can probe constructive-possession weaknesses (did you know the drugs were there?) and chain-of-custody or lab testing gaps. Time matters for preserving video and witness statements.

How much does it cost to hire a felony lawyer, DUI lawyer, or possession lawyer, and what affects the fee?

Fees vary based on the charge severity, expected court appearances, motion practice (like suppression hearings), expert needs (toxicology, accident reconstruction, digital forensics), and whether the case is likely to resolve by negotiation or proceed to trial. Some matters are handled for a flat fee that covers pretrial stages, while trials, experts, or appeals may be separate. A DUI lawyer might price differently for a first offense than a repeat offense; a felony lawyer may tier fees by class of felony; a possession lawyer may quote based on whether intent or trafficking allegations are involved. What you’re paying for is strategic analysis, protection of your rights, and advocacy aimed at the best achievable outcome. Most clients find early representation saves money and risk long-term. Ask about what’s included, payment options, and potential add-ons.

Why Hire a RMDD Criminal Defense Attorney?

Legal representation by an experienced Virginia criminal defense attorney offers essential benefits:

• They can help you understand the charges against you and your options for defense strategies.
• They can ensure that law enforcement and the court respect your constitutional rights.
• They have inside knowledge of the criminal justice system.
• They will tirelessly and zealously fight for you, whether you enter a plea agreement or take the case to trial.

The criminal defense lawyers at Randall, McClenney, Daniels & Dunn use their experiences as police officers and prosecutors to help them defend their clients in criminal cases. They work hard to uncover the truth. This means taking a close look at all the evidence, interviewing witnesses, and conducting their own investigations of the state’s allegations. They have the experience, agility, and passion to give real people real representation.

Testimonials

We are fully prepared and wholeheartedly committed to helping you tackle your unique case. Whether you need help with criminal defense, family law, personal injury, or real estate law, Randall, McClenney, Daniels & Dunn has you covered. Listen to what some of our satisfied clients have to say.

Chrystie S.: “Mr. Randall and his team provided excellent legal support during my case. Would give 10 stars if I could!”

Mel C.: “The best lawyer there is! Hire him now if you are in trouble with the law! HIGHLY RECOMMENDED! The staff were wonderful! Communication was phenomenal. I didn’t have to worry about everything. Thank you for taking care of me!

Jim H.: “I feel very fortunate to have chosen Randall, McClenney, Daniels & Dunn. What a great team! Kevin Frank represented me in traffic court and delivered great results. I would not hesitate to recommend Randall, McClenney, Daniels & Dunn.”

Consult Now with a Diligent Defense Attorney

We are here to help. Call 757-742-6115 or fill out our contact form to schedule an initial consultation. Our Virginia criminal defense lawyers have primary office locations in Virginia Beach, Southampton, Emporia, Brunswick, and Suffolk.