Welcome to S & R Law Firm
Member of:
Criminal Defense
A criminal charge brings practical questions right away: how serious it is, what happens at your first court date and who will handle your case. This page answers those questions, explains how we defend a charge and links to a page for each of the charges we see most often, where you can read what the Commonwealth has to prove.
NOVA Defenders, S&R Law Firm is a Northern Virginia criminal defense firm representing people in Fairfax and the surrounding communities. Our attorneys work together to prepare your defense, bringing the team’s experience and judgment to your case.
Who Will Handle Your Case
Our attorneys are Benjamin Schaefer, Ryan Rambudhan, Madison Glossner and David Lloyd. You can read each attorney’s profile before you call.
The attorney handling your case keeps you informed, explains your options and draws on the support of the rest of our team.
Our team includes members of the National Association of Criminal Defense Lawyers and the Virginia Association of Criminal Defense Lawyers. Learn more about our professional memberships and recognition.
Clients have left us reviews on Google, and our client reviews page shows what they say about working with us.
What Happens After a Criminal Charge
A case usually starts with a summons or an arrest warrant. That paper names the charge, the Virginia Code section and your first court date. If you were arrested, a magistrate or judge also decided whether you could be released and on what conditions, and those conditions apply from the moment you are released.
Whether the charge is a misdemeanor or a felony shapes what follows. A felony is a crime that can be punished with time in a state prison, and every other crime is a misdemeanor (§ 18.2-8). A misdemeanor is still serious: a Class 1 misdemeanor can mean up to 12 months in jail, a fine of up to $2,500, or both (§ 18.2-11), and a conviction stays on your record unless it is later sealed. The page for your charge, linked below, explains how it is classed.
Most misdemeanors are tried in general district court, by a judge, and a charge involving one family or household member as the victim of another’s offense may start in the juvenile and domestic relations district court (§ 16.1-241). A felony charge may begin with a preliminary hearing in district court; if it goes forward, it can proceed through a grand jury to circuit court. After a misdemeanor conviction in district court you have ten days to appeal for a new trial in circuit court (§ 16.1-132). Our Virginia criminal defense page explains each court in more detail.
What to Do Before Your First Court Date
The first days after a charge are when evidence is easiest to save and a careless word does the most harm.
- Talk to us before you talk about the case. You can decline to answer police questions until you have a lawyer. Don’t explain your side to the complaining witness, and don’t post about the case online.
- Follow your release conditions and any protective order exactly. That includes a no-contact condition, even if the other person reaches out to you. Violating a protective order is a separate crime (§ 16.1-253.2).
- Keep your papers and save what might help. Hold on to your summons or warrant, your release papers and anything the police gave you. Save texts, photos and receipts, and tell us where security video might exist, because it may not be kept for long.
- Hold off on any plea. Don’t plead guilty, pay a ticket or sign a plea form until you know what it would mean for your record, your license and your job.
How We Defend a Criminal Charge
You are presumed innocent. The Commonwealth has to prove every element of the charge beyond a reasonable doubt, and you never have to prove that you didn’t do it.
The attorney on your case starts with what the Commonwealth has to prove and the evidence it has for each element. We get what the discovery rules allow, and how much the defense can obtain before trial depends on the court and the charge. We look at whether the stop, the search, any questioning and the arrest followed the law, and whether the evidence is reliable. For a theft charge, we examine what the evidence shows about intent, not just whether property changed hands. In a drug case, we look at what connects you to the substance and whether the evidence establishes knowing possession. When accounts conflict, we compare witness statements with available video, messages and other records.
Once we know the evidence, we talk through the options with you: a trial, a negotiated reduction or dismissal, or, where the evidence is strong, careful preparation for sentencing. The choice is yours, and we make sure you understand what each path means for your record, your driver’s license, your job, a security clearance or your immigration status where those apply.
Charges We Defend
Each page below explains one charge in detail.
- Theft, fraud and forgery. Petit larceny, grand larceny, embezzlement, false pretenses and forgery. For larceny, property worth $1,000 or more is one route to a grand-larceny charge (§ 18.2-95).
- Assault, including family assault. Assault and battery, including a charge against a family or household member, which usually comes with an emergency protective order from the start (§ 18.2-57.2).
- Driving charges that are crimes. Reckless driving, DUI, eluding police, hit and run and driving on a suspended license are crimes, not traffic infractions, and a conviction goes on your criminal record. We also handle other traffic charges.
- Drug charges. Possession of a controlled substance, possession of marijuana and drug distribution, with more on our drug crimes page. Owning or occupying the car or home where a controlled substance was found does not, by itself, create a presumption that you possessed it (§ 18.2-250).
- Drunk in public and indecent exposure. Drunk in public is a Class 4 misdemeanor, punished by a fine of up to $250 (§ 18.2-388). See also indecent exposure.
- Records and seized property. Expungement and record sealing after a case ends, and civil forfeiture when police have seized money or a vehicle.
Not sure yet whether you need a lawyer? Our page on whether you need a criminal defense attorney covers that question.
Where We Defend Criminal Charges
Our attorneys are in the Fairfax, Manassas, Arlington and Leesburg courthouses almost every day, and our regular court schedule also takes us to Stafford, Alexandria and Fauquier.
For the courts and addresses in each place, see our pages for a Fairfax criminal defense lawyer, Prince William and Manassas, Arlington, Loudoun County and Leesburg, Alexandria and Stafford.
Frequently Asked Questions
My charge isn’t on this page. Can you help?
Probably. This page covers the charges we see most often, and we defend other misdemeanor and felony charges as well. Call and tell us what your summons or warrant says, and we will tell you plainly whether we can take your case.
What happens at a preliminary hearing on a felony charge?
Anyone arrested on a felony has the right to a preliminary hearing in district court, where a judge decides whether there is “reasonable ground to believe” the person committed the crime. The hearing can be waived only in writing (§ 19.2-218). If the judge finds that standard met, the case goes to a grand jury and, if indicted, to trial in circuit court.
Can a criminal charge be removed from my record in Virginia?
It depends on how the case ended. If you were found not guilty, or the charge was dropped or dismissed, you can petition the circuit court to expunge the police and court records (§ 19.2-392.2); a new version of that law takes effect on December 1, 2026. A conviction generally can’t be expunged, but many can be sealed. Certain misdemeanors, including petit larceny, qualify for automatic sealing after seven years if the statutory conditions are met (§ 19.2-392.6). Some other misdemeanors may qualify for petition sealing after seven years and eligible felonies after ten, while DUI and any offense against a family or household member are excluded from sealing under this section (§ 19.2-392.12). See expungement and record sealing.
Can the police keep my money or car if I haven’t been convicted?
Seized property may be held while a forfeiture case is pending, but forfeiture generally requires a related finding of guilt. To forfeit seized property, the Commonwealth’s attorney has to file a forfeiture case in circuit court, and the property can be forfeited only after the owner, or the person who had it, is found guilty of the related crime (§ 19.2-386.1). There are exceptions, such as a plea agreement that provides for forfeiture or an owner who misses the deadline to ask for the property back. See Virginia civil forfeiture.
Talk With a Criminal Defense Attorney
If you can, talk with us before your first court date. We will go over the charge and the evidence with you and tell you plainly what your options are.
Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, or you can send us a message online.