Criminal Defense Lawyer
Facing criminal charges in Virginia is stressful, and the consequences of a conviction can follow you for years. Whether you are dealing with a misdemeanor or a felony, you deserve an attorney who will carefully examine the evidence, protect your rights at every stage, and fight for the best possible outcome.
Miles Franklin represents clients facing criminal charges throughout Stafford County, Fredericksburg, Spotsylvania, and Northern Virginia. Every case receives thorough attention because your freedom, your record, and your future are on the line.
Types of Criminal Cases
Miles handles a wide range of criminal defense matters in Virginia courts, including:
- DUI/DWI charges — Virginia has some of the strictest DUI laws in the country. A first offense under Va. Code § 18.2-266 carries up to 12 months in jail, a $2,500 fine, and a one-year license suspension. Learn more about the legal consequences of DUI and how penalties are determined.
- Drug offenses — Possession, distribution, and manufacturing charges carry different penalties depending on the substance and amount involved under Va. Code § 18.2-248 and related statutes.
- Assault and battery — Simple assault is a Class 1 misdemeanor under Va. Code § 18.2-57, but charges can escalate to a felony depending on the circumstances, the alleged victim, or any prior convictions. Read about the differences between domestic assault and general assault charges.
- Theft and larceny — Virginia treats larceny of property valued at $1,000 or more as grand larceny, a felony under Va. Code § 18.2-95. Understand the key elements required to prove criminal liability in theft cases.
- Domestic violence — Assault and battery against a family or household member under Va. Code § 18.2-57.2 can result in protective orders, mandatory counseling, and a permanent criminal record.
- White-collar crimes — Fraud, embezzlement, forgery, and other financial crimes carry serious penalties. Learn about common legal defenses in white-collar crime cases.
- Felony charges — Any charge classified as a felony in Virginia can carry prison time of more than one year. Felonies also affect your right to vote, own firearms, and pass background checks for employment and housing.
Misdemeanors vs. Felonies in Virginia
Virginia classifies criminal offenses into two broad categories, and the distinction matters significantly for your case and your future.
Misdemeanors are less serious offenses divided into four classes. A Class 1 misdemeanor (the most serious) carries up to 12 months in jail and a $2,500 fine. Common examples include simple assault, DUI first offense, petit larceny, and reckless driving.
Felonies are more serious offenses divided into six classes. Under Va. Code § 18.2-10, penalties range from one to five years in prison for a Class 6 felony up to life imprisonment for a Class 1 felony. A felony conviction creates a permanent record that affects employment opportunities, professional licensing, firearm ownership, and voting rights.
Some offenses that may seem minor can actually be charged as felonies in Virginia. For example, a third DUI offense within 10 years is a Class 6 felony, and shoplifting with a value of $1,000 or more is grand larceny, also a felony.
Your Constitutional Rights in a Criminal Case
If you have been arrested or are under investigation, understanding your rights is essential:
- Right to remain silent: You are not required to answer police questions beyond providing your identification. Anything you say can and will be used against you.
- Right to an attorney: You have the right to consult with an attorney before answering questions or making any decisions about your case. If you cannot afford an attorney, the court will appoint one.
- Right against unreasonable searches: The Fourth Amendment protects you from unreasonable searches and seizures. If police obtained evidence without a valid warrant or an applicable exception, that evidence may be suppressed.
- Right to a fair trial: You are presumed innocent until proven guilty beyond a reasonable doubt. The prosecution bears the burden of proving every element of the charge.
- Protection against double jeopardy: You cannot be tried twice for the same offense after an acquittal or conviction.
Exercising these rights is not an admission of guilt. If you are contacted by law enforcement about a criminal matter, consulting with an attorney before making any statements is one of the most important steps you can take.
What Happens After an Arrest in Virginia
Understanding the criminal process helps you make informed decisions about your case. In Virginia, a criminal case typically follows these steps:
- Arrest and booking — You are taken into custody and processed at the local jail. Depending on the charge, you may be released on bond or held until a bond hearing.
- Arraignment — You appear before a judge, hear the charges against you, and enter a plea. This is your first opportunity to have an attorney present.
- Discovery and investigation — Your attorney reviews the evidence the prosecution plans to use, identifies weaknesses in their case, and gathers evidence in your defense.
- Pre-trial motions — Your attorney may file motions to suppress illegally obtained evidence, dismiss charges that lack probable cause, or resolve procedural issues before trial.
- Trial or plea negotiation — Many cases are resolved through negotiation with the prosecutor, but if a fair resolution is not possible, your case goes to trial before a judge or jury.
Virginia’s Court System for Criminal Cases
Criminal cases in Virginia are heard in two levels of trial courts, depending on the severity of the charge:
- General District Court handles misdemeanors, traffic infractions, and preliminary hearings for felonies. In Stafford County, this is the Stafford County General District Court. There is no jury trial in General District Court; a judge decides the case.
- Circuit Court handles all felony trials and misdemeanor appeals from General District Court. If you are convicted of a misdemeanor in General District Court, you have the right to appeal for a completely new trial (de novo) in Circuit Court, where you can request a jury.
Understanding which court will hear your case affects your strategy, your timeline, and your options for resolution.
Building a Strong Defense
Every criminal case is different, and the right defense strategy depends on the specific facts and circumstances. Miles takes the time to understand what happened, review police reports and body camera footage, interview witnesses, and identify any constitutional violations that may have occurred during the investigation or arrest.
Common defense strategies in Virginia criminal cases include challenging the legality of a traffic stop or search, questioning the reliability of witness testimony, presenting alibi evidence, and negotiating reduced charges when the facts support it. Virginia also recognizes self-defense as a legal justification in certain cases involving the use of force.
Consequences of a Criminal Conviction in Virginia
A criminal conviction in Virginia can affect much more than your immediate freedom. Potential consequences include:
- Jail or prison time
- Fines and court costs
- A permanent criminal record visible on background checks
- Loss of driving privileges
- Difficulty finding employment or housing
- Loss of professional licenses
- Immigration consequences for non-citizens
- Loss of firearm rights for felony convictions
- Impact on custody proceedings if children are involved
Because the stakes are high, having an experienced criminal defense attorney on your side from the earliest stage of your case is critical.
Frequently Asked Questions
What should I do if I am arrested in Virginia?
Remain calm, provide your identification, and exercise your right to remain silent beyond basic identifying information. Do not consent to searches, and ask to speak with an attorney before answering any questions. What you say during and after an arrest can be used as evidence, so contacting a lawyer as early as possible is important.
Can a criminal record be expunged in Virginia?
Virginia’s expungement laws are limited. Generally, you may petition for expungement if charges were dismissed, you were acquitted, or your conviction was pardoned. Recent changes to Virginia law have expanded expungement eligibility in some cases, but the process requires a court petition. An attorney can evaluate whether your situation qualifies.
What is the difference between a misdemeanor and a felony?
A misdemeanor carries a maximum of 12 months in jail, while a felony carries one year or more in prison. Felonies result in more severe long-term consequences, including loss of firearm rights, voting restrictions (until rights are restored), and greater difficulty with employment and housing background checks.
Do I need an attorney for a misdemeanor charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record that appears on background checks. A Class 1 misdemeanor carries up to a year in jail and a $2,500 fine. An attorney can often negotiate reduced charges, alternative sentencing, or dismissal, outcomes that are much harder to achieve without legal representation.
Schedule a Free Consultation
If you or someone you know is facing criminal charges in Stafford, Fredericksburg, or anywhere in Northern Virginia, schedule a free consultation with Miles Franklin to discuss your case and learn about your options. You can also call (276) 773-6102 to speak with the office directly.