Frequently Asked Questions
Below are answers to frequently asked questions we often received, including questions about specific cases or types of charges. Every case is different, and the questions you have about your case or the case of your friend and family member are best asked directly. We are happy to speak with you at anytime, please call or e-mail us.
General Criminal Law Questions
What should I do if I’m arrested in Virginia?
Remain calm and exercise your right to remain silent. Do not answer questions or provide statements without an attorney present. This can't be understated. As former prosecutors, we have seen thousands of defendants who make statements. They think they aren't making a "confession," but what they do say can certainly be used against them in other ways. There's no benefit to talking to the police if you are arrested. You can't be un-arrested. Ask for a lawyer immediately and avoid discussing your case with anyone other than your attorney.
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Do I really need a criminal defense attorney?
Yes. Even for minor charges, an experienced attorney can protect your rights, evaluate the evidence, and work to reduce or dismiss charges. Criminal convictions can have long-term consequences on your record, employment, and freedom.
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What is the difference between a misdemeanor and a felony in Virginia?
Misdemeanors are less serious offenses and may result in up to 12 months in jail and/or fines. Felonies are more serious crimes and can carry penalties including prison time, significant fines, and long-term consequences such as loss of civil rights. Examples of misdemeanors are DUIs, assault and battery, domestic violence, trespassing, drunk in public, brandishing a firearm, concealed weapon, and even reckless driving.
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Felonies range from grand larceny, drug possession, burglary, up to robbery, rape, and murder.
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What happens at an arraignment?
At an arraignment, you are formally advised of the charges against you and your rights. This is the time to do nothing other than tell the General District Court or Juvenile and Domestic Relations Court that you'll be hiring an attorney or asking for one to be appointed to you. Do not try to represent yourself on a bond hearing, and do not tell the court anything about your case. A prosecutor will always be present taking notes.
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Can charges be dropped before trial?
Yes. Charges may be dropped if there is insufficient evidence, legal issues with the arrest, or through negotiation with the prosecutor. Your attorney can advocate for dismissal where appropriate.
Your Rights & The Legal Process
What are my rights if I’m questioned by police?
You have the right to remain silent and the right to an attorney. You are not required to answer questions beyond providing basic identifying information. Do not provide your cell phone number though. This is not "basic information" and maybe police officers will attempt to treat it as such, only to then request information relating to yourp hone later.
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If they don't read me my Miranda rights are the charges dismissed?
This is asked quite a bit, and the answer is an unequivocal "No." Miranda warnings/rights are only read if the police have someone in custody, and they intend to question them. If they are questioned without the rights being advised, than those statements cannot be used against them in court. It does not invalidate the charges. In fact, when the Boston Bomber was arrested--law enforcement purposefully did not read him his rights because they wanted answers and were not concerned about using those answers against him later.
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What is bail or bond?
Bail (or bond) is money or conditions set by the court to ensure you return for future court appearances. In some cases, you may be released on your own recognizance without paying money. If you are arrested on a misdemeanor or a felony warrant, your first bond hearing will be before a magistrate. If bail is denied, you will have the option to have a bond hearing before a General District Court or Juvenile and Domestic Relations court judge. An attorney will be present with you at that bond hearing. In Virginia Beach, Norfolk, Chesapeake, and the surrounding cities--this can often be scheduled within a few days of your arrest.
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The standard is always the same: Has the Commonwealth proven probable cause that you are a flight risk or an unreasonable danger to the community? At Zoby & Broccoletti, we prioritize bail hearings. Getting a client released on bond is one of the most important early outcomes we strive for. It helps you, it helps your family, and it helps us as we prepare for your defense.
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Conditions of release sometimes will include pretrial services like drug and alcohol testing, home electronic monitoring, a curfew, or other conditions.
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How long does a criminal case take in Virginia?
It varies depending on the complexity of the case, the court’s schedule, and whether the case goes to trial. Some cases resolve in weeks, while others may take months or even longer. After an arrest on a warrant, a preliminary hearing will be scheduled in the General District or Juvenile and Domestic Relations Court. This is often a few months later. This gives us time to receive and fully review the discovery. Each city--whether its Virginia Beach, Chesapeake, Portsmouth, Norfolk, Suffolk, etc--have different time tables. Some small jurisdictions like Northampton or Accomack on the Eastern Shore do not hold court every day, so the schedules are longer.
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Will my case go to trial?
Not necessarily. Many cases are resolved through negotiation or plea agreements. Some cases are dropped or dismissed after we advocate on your behalf. However, we are always prepared to go to trial and we assume from the beginning that will be the case. There are attorneys out there who are afraid of courtrooms or who prefer plea agreements even when winning an acquittal is possible. We are not those attorneys. But ultimately the decisions as to whether or not to go to trial is fully yours, and we will help guide you to the best decision.
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Records & Consequences
Will a criminal charge stay on my record forever?
It depends on the outcome. Convictions generally remain on your record permanently, while some dismissed or not guilty cases may be eligible for expungement under Virginia law. In July of 2026, a new sealing law wil take effect which for the first time will allow certain convictions to be sealed, which is a type of expungement.
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What is expungement?
Expungement is a legal process that removes certain charges from your criminal record, making them inaccessible to the public. These include charges that have been dismissed or nolle prosequi, a type of dismissal. It does not include any convictions. However, in July of 2026, the law will change which willa llow certain convictions to be sealed. We would be happy to discuss this new law with you.
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Can a criminal record affect employment?
Yes. Many employers conduct background checks, and a criminal record can impact job opportunities, housing, and professional licensing.
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Hiring an Attorney
How do I choose the right criminal defense lawyer?
Look for experience in Virginia courts, strong communication, and a clear strategy for your case. Client reviews and case results can also be helpful indicators. The most important aspect though is how do you feel after talking to the attorney? Do you feel confident that he knows what he's doing and what he's talking about? Can you trust him? Does he seem able to eloquently argue your case on your behalf? We often tell clients to choose the attorney that they feel is the best fit for them.
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What should I do if I have a warrant in Virginia?
If you believe you have an active warrant, you should contact an attorney immediately. Turning yourself in with legal guidance can help you avoid additional complications and may improve your chances of release. We will coordinate with you to ensure we are available to assist you and potentially handle a bond hearing. We are also sometimes able to research whether or not there is in fact a warrant.
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How much does a criminal defense attorney cost?
Costs vary depending on the complexity of the case. We will assess the type of charges, the nature and circumstances of the offense, and the complexity and likelihood of a lengthy trial when providing a fee quote.
Will my case be kept confidential?
Yes. Communications between you and your attorney are protected by attorney-client privilege.
Court & Procedure
What should I wear to court?
Dress professionally and conservatively. First impressions matter and showing respect for the court is important. We like to tell clients to wear something you'd feel comfortable wearing to a job interview or a new church. But your comfort is key. If you don't feel great in a suit, don't wear a suit.
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What happens if I miss a court date?
Missing a court date can result in a warrant for your arrest and additional charges. Contact an attorney immediately if this happens.
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Can I represent myself?
There is an old expression: "a lawyer who represents himself has a fool for a lawyer." If even lawyers advise against it strongly, you should take that as free legal advice. You have the right to represent yourself, but it is strongly discouraged. Criminal law is complex, and mistakes can have serious consequences.
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Final Thoughts
What’s the most important thing to remember if I’m facing charges?
Act quickly, know your rights, and seek legal representation as soon as possible. Early intervention can make a significant difference in the outcome of your case. Your lawyer can help preserve evidence, hire an investigator, negotiate with the prosecutor in advance of charges, and advocate on your behalf.
Specific Charges
​Driving Under the Influence
What happens after a DUI arrest in Virginia?
After a DUI arrest in Virginia, you will typically be taken into custody, booked, and either released on bond or held until a magistrate hearing. Your license may be administratively suspended, and you’ll receive a court date. At your first appearance, the judge will address conditions of release and set the timeline for your case. Early legal representation is critical to review the legality of the stop and the evidence against you.
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Will I lose my license after a DUI in Virginia?
In Virginia, you may face an immediate administrative license suspension following a DUI arrest. If convicted, additional suspension periods are imposed depending on whether it is a first or repeat offense. In many cases, you may be eligible for a restricted license that allows you to drive to work, school, or medical appointments.
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Can a DUI be reduced to reckless driving in Virginia?
In some cases, a DUI charge can be reduced to reckless driving, but it depends heavily on the facts of the case. Weak evidence, borderline blood alcohol levels, or procedural errors can create opportunities for negotiation. We evaluate every DUI for whether your rights were violated at any step in the process..
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How long does a DUI stay on your record in Virginia?
A DUI conviction in Virginia remains on your criminal record permanently. It can also affect your driving record for many years and may impact employment, insurance rates, and future legal matters.
What is the penalty for a first-time DUI in Virginia?
Penalties for a first DUI offense may include fines, license suspension, mandatory alcohol education programs, and possible jail time. The severity depends on factors such as blood alcohol concentration and whether there were aggravating circumstances.
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Should I take the tests?
There are generally three tests that are offered as part of a DUI investigation. First, the Standardized Field Sobriety Tests (SFSTs). You should politely decline to take these tests. They are not pass fail, and while a poor performance will hurt you; a strong performance may not. The second test is the Preliminary Breath Test (PBT). You should politely refuse this test as well. If any alcohol is detected on that test, it generally will undercut any argument that the police did not have probable cause to arrest you.
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Finally there is the breath or blood test. If you refuse this test, you will be charged with refusal, which carreis a civil penalty of twelve months of a license suspension and possibly no restricted. This is difficult for many people to be able to handle, even if the DUI is dismissed. On the other hand, if a high BAC is shown on the test, then mandatory jail time is triggered. Unfortunately, there is not always a right or wrong answer to this question. If you feel highly intoxicated, it may be in your best interest to decline the test.
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What should I do if I’m charged with DUI in Virginia?
Act quickly. DUI charges carry serious penalties including license suspension, fines, and possible jail time. An attorney can evaluate whether the traffic stop, field sobriety tests, and breathalyzer were conducted properly.​​​​​
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​Drug Possession
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What are the penalties for drug possession?
Penalties vary based on the type and amount of substance, as well as prior offenses. Even simple possession can result in jail time, fines, and a permanent criminal record. There are options for clients to be placed on first offender, to attend drug court, or even to have their charges reduced to misdemeanors. These are all explored as part of the disovery process.
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What is considered possession with intent to distribute?
Possession with intent to distribute is determined by factors such as quantity, packaging, and other evidence suggesting intent to sell. This charge is more serious than simple possession and carries harsher penalties. As former prosecutors and experienced defense attorneys, we know how police and prosecutors will try to build their case.
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How do drug amounts affect charges in Virginia?
Larger quantities often lead to more serious charges, like possessoin with intent to distrubte / trafficking instead of possession. The type of drug also influences classification and potential penalties.
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Can I challenge drug evidence if it was obtained illegally?
Yes. Evidence obtained in violation of your constitutional rights may be suppressed. In every case we do this. We review the body camera footage, the police reports, and the other evidence to see if your rights were violated.
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Can I be charged if drugs were not found on me personally?
Yes. Virginia law allows for “constructive possession,” meaning you can be charged if drugs are found in a place where you have "dominion and control" over the item, while also being aware of its nature. This can include being under the seat of a car, or even nearby.
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​Reckless Driving
Can a reckless driving charge really be criminal in Virginia?
Yes. It's not that it can be criminal. It is criminal. In Virginia, reckless driving is a criminal offense, not just a traffic violation, and can result in jail time, fines, and points on your driving record.
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​Theft and Larceny
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What distinguishes grand larceny from petit larceny?
Petit larceny is theft below $1000, and it is a misdemeanor. Until recently, the amount was $200, and then $500. Grand larceny involves higher-value property or aggravating factors such as stealing from someone's person (pick-pocketing) and is a felony with more severe penalties.
Can felony theft charges be reduced to a misdemeanor?
Sometimes. Reduction may be possible through negotiation or if mitigating factors exist. We will advocate on your behalf for this if there are no meritorious defenses.
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Burglary
Are there specific defenses for burglary or breaking & entering charges?
Yes. Common defenses include lack of intent, mistaken identity, or absence from the location. This is why hiring an experienced criminal defense attorney is so important.
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Crimes of Violence, including:
Assault, Domestic Violence, Unlawful Wounding, Malicious Wounding, Aggravated Malicious
Can self-defense be used as a legal defense in Virginia violent crime cases?
Yes. Virginia law allows self-defense claims if you reasonably believed you were in imminent danger. Our firm has successfully defended indivduals charged with assault to murder using self-defense arguments, with tremendous success. We aware of the nuances of the law, and how to best present it to a jury.
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What happens if I’m charged with assault?
Assault charges can range from misdemeanors to felonies depending on the severity and circumstances. In Virginia, a misdemeanor assault and battery carries up to a 12 month sentence. The lowest level of felony assault is called Unlawful Wounding, which could result in prison time. Above that is Malicious Wounding, and at the high end is Aggravated Malicious Wounding. This charge is used when an injury occurs that is permanent and significant. For all felony assaults, the Commonwealth must prove an intent to maim, disfigure, disable, or kill. This means a simple assault that results in a significant injury is not always properly charged if that was not the intent. We will also explore fighting these charges and the intent element as we assess the case.
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Can domestic violence charges be dropped if the victim recants?
Not always. In Virginia, the prosecutor controls whether charges proceed. Even if the victim recants, the case may continue if sufficient evidence exists. Legal counsel is essential to navigate these situations.
Robbery
What is considered robbery under Virginia law?
Under Virginia law, robbery is a common law felony defined as the taking of property from another person, or in their presence, by force, violence, or intimidation. Unlike standard theft offenses such as larceny, robbery involves direct confrontation with the victim. Even the threat of harm—without physical contact—can be enough to support a robbery charge if it places the victim in fear. Because robbery is not codified in a single statute but developed through case law, courts rely heavily on prior rulings to determine whether force or intimidation was sufficient.
Is robbery always a felony in Virginia?
Yes, robbery is always prosecuted as a felony in Virginia, regardless of the value of the property taken. This distinguishes it from other theft-related offenses that may be charged as misdemeanors depending on the dollar amount involved. Because it is considered a violent crime, a robbery conviction can have long-term consequences beyond incarceration, including loss of civil rights and difficulty obtaining employment or housing.
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What are the penalties for robbery in Virginia?
A robbery conviction in Virginia carries a sentence of 5 years to life in prison. If a firearm is used during the commission of the robbery, additional mandatory minimum sentences may apply under Virginia’s firearm enhancement laws. The severity of the punishment often depends on factors such as the defendant’s criminal history, whether a weapon was used, and whether the victim was injured.
Can robbery charges be reduced in Virginia?
In some cases, robbery charges may be reduced to lesser offenses such as grand larceny or petit larceny. This typically happens when the prosecution cannot prove force, intimidation, or threat beyond a reasonable doubt. Skilled legal defense often focuses on challenging these elements to negotiate a reduction or dismissal.
What defenses are available for robbery charges in Virginia?
Common defenses include lack of force or intimidation, mistaken identity, false accusations, and insufficient evidence. In some situations, the defense may argue that the alleged incident was a theft rather than a robbery. Surveillance footage, witness testimony, and forensic evidence often play a critical role in building a defense strategy.
Rape
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How is rape defined under Virginia law?
Rape in Virginia is defined as non-consensual sexual intercourse accomplished through force, threat, intimidation, or when the victim is physically helpless or mentally incapacitated. The law applies regardless of gender and includes situations where the victim is unable to legally consent due to intoxication or disability.
What are the penalties for a rape conviction in Virginia?
Rape is one of the most serious felony offenses in Virginia, punishable by 5 years to life imprisonment. In aggravated cases—such as those involving serious bodily injury, use of a weapon, or a minor victim—sentences can be significantly harsher. Convictions also typically require lifetime registration as a sex offender.
Is there a statute of limitations for rape in Virginia?
Virginia does not impose a statute of limitations for felony rape. This means charges can be brought at any time, even decades after the alleged offense occurred, especially if new evidence becomes available.
What does “lack of consent” mean in Virginia rape cases?
Lack of consent may be established through evidence of physical force, threats, intimidation, or circumstances where the victim could not legally consent. This includes situations involving unconsciousness, intoxication, or mental incapacity. Courts examine the totality of the circumstances when determining whether consent was present.
What defenses can be used against rape charges in Virginia?
Defenses may include consent, mistaken identity, alibi evidence, or lack of sufficient proof. Because these cases often rely heavily on testimony rather than physical evidence, credibility and consistency of statements are key issues in court.
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Sexual Assault
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What qualifies as sexual assault in Virginia?
Sexual assault in Virginia is a broad term that includes offenses such as sexual battery, aggravated sexual battery, and other non-consensual sexual acts. These crimes involve sexual contact without consent and may or may not involve force.
What is the difference between sexual battery and aggravated sexual battery?
Sexual battery generally involves unwanted sexual touching and is often charged as a misdemeanor. Aggravated sexual battery is a felony and involves more serious factors such as the use of force, threats, significant age differences, or victims who are minors or incapacitated.
Is sexual assault a felony or misdemeanor in Virginia?
It depends on the specific charge. Simple sexual battery is typically a Class 1 misdemeanor, while aggravated sexual battery and other serious offenses are felonies with substantial prison exposure.
What penalties apply to sexual assault convictions in Virginia?
Penalties range from up to 12 months in jail for misdemeanor sexual battery to decades in prison for felony-level offenses. Convictions often carry additional consequences such as mandatory counseling and sex offender registration.
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Do sexual assault convictions require sex offender registration in Virginia?
Some sexual assault convictions require registration with the Virginia Sex Offender Registry. The length of registration depends on the severity of the offense and may be for a term of years or life.
Child Sexual Abuse
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What is considered child sexual abuse under Virginia law?
Child sexual abuse includes any sexual act, contact, or exploitation involving a minor under the age of 18. This can include physical acts, coercion, or exposing a child to sexual material or activity.
What are the penalties for child sexual abuse in Virginia?
Penalties are extremely severe and often include lengthy prison sentences, sometimes ranging from decades to life imprisonment. The court may also impose lifetime supervision and mandatory registration.
Can a minor legally consent to sexual activity in Virginia?
Virginia law strictly limits the ability of minors to consent. In many situations—especially involving adults—consent is not a valid defense, even if the minor agreed to the activity.
Are there mandatory reporting laws for child sexual abuse in Virginia?
Yes, Virginia law requires certain professionals—such as teachers, doctors, and social workers—to report suspected child abuse. Failure to report can result in criminal penalties.
Can charges be filed years after alleged child sexual abuse?
Yes, Virginia law allows extended timeframes for prosecuting child sexual abuse, particularly in felony cases. This recognizes that victims may not come forward until later in life.
Child Pornography
What is considered child pornography in Virginia?
Child pornography includes any visual depiction—photos, videos, or digital images—of a minor engaged in sexual conduct or displayed in a sexually explicit manner.
Is possession of child pornography a felony in Virginia?
Yes, possession is typically charged as a felony, especially for repeat offenses or large quantities of material.
What are the penalties for child pornography charges in Virginia?
Penalties can include multiple years in prison, significant fines, and mandatory sex offender registration. Each file or image may be charged as a separate offense.
Does intent matter in child pornography cases?
Yes, prosecutors must generally prove that the accused knowingly possessed or distributed the material. Lack of knowledge or accidental download may be raised as a defense, depending on the facts.
Are distribution and production charges more serious?
Yes, distribution, production, or solicitation offenses carry much harsher penalties than simple possession, often involving mandatory minimum prison sentences.
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Hit and Run
What is a hit and run offense in Virginia?
A hit and run occurs when a driver involved in an accident leaves the scene without stopping to provide identifying information or render aid to injured parties.
Is hit and run a felony or misdemeanor in Virginia?
It depends on the severity of the accident. Accidents involving only minor property damage may be misdemeanors, while those involving injury, death, or significant damage can be charged as felonies.
What are the penalties for hit and run in Virginia?
Penalties range from fines and license suspension to significant jail or prison time. Felony hit and run convictions can carry years of incarceration.
What are a driver’s legal duties after an accident in Virginia?
Drivers must stop immediately, provide their name, address, driver’s license number, and vehicle registration, and assist injured persons if necessary.
Can someone be charged if they didn’t realize an accident occurred?
Knowledge is a key element. However, prosecutors may argue that a reasonable person would have known an accident occurred based on the circumstances.
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Eluding Police
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What does eluding police mean under Virginia law?
Eluding occurs when a driver fails to stop after receiving a visible or audible signal from law enforcement, such as flashing lights or a siren.
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Is eluding police a felony in Virginia?
Yes, eluding can be charged as a felony, particularly if the driver’s actions endanger others or involve reckless driving. It may also be charged as a misdemeanor otherwise.
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What are the penalties for eluding police in Virginia?
Penalties may include jail or prison time, fines, and suspension of driving privileges. Felony convictions can result in significant incarceration.
What factors can increase the severity of an eluding charge?
High-speed chases, accidents, injuries, or driving under the influence can all elevate the charge and increase penalties.
What defenses are available for eluding charges?
Defenses in Virginia may include lack of intent, unclear police signaling, or situations where the driver did not realize law enforcement was attempting to stop them.