Stafford Criminal Defense Attorney

Stafford County’s criminal and traffic cases are heard in the Judicial Center at 1300 Courthouse Road in Stafford. Many of the people who end up there were driving through on I-95 when they were stopped. Others live or work in Stafford and are facing a charge close to home. Either way, the summons or warrant you were handed sets a court date, and the questions start right away: how serious is this, do I have to be there, and what should I do first?

NOVA Defenders, S&R Law Firm regularly defends DUI and reckless driving cases in Stafford. We also handle other misdemeanor and felony charges there. One attorney handles your case, with the rest of our team helping prepare it. This page explains which Stafford court will hear your case, how we work on it and what to do before your court date.

Who Writes Charges in Stafford County

Most of the Stafford reckless driving charges we see are written by Virginia State Police and the Stafford County Sheriff’s Office, which handles law enforcement in the county, on I-95 and Route 1. But a reckless driving charge can come from anywhere: a parking lot, a crash on a local road, a stop a few blocks from home.

Many of our Stafford reckless driving clients live in other states. If you are one of them, our guide for out-of-state drivers explains what a Virginia reckless driving charge involves when your license is from somewhere else.

Where Stafford Cases Are Heard

All three of Stafford’s trial courts are in the Judicial Center. Which one hears your case depends on the charge and who is involved:

• Felony charges: a person arrested on a felony has a right to a preliminary hearing, where the court decides whether there is “reasonable ground to believe” the person committed the offense (§ 19.2-218). The accused can waive that hearing in writing. A case that goes forward may be presented to a grand jury before trial in Circuit Court.
• Family and household charges: the Juvenile and Domestic Relations District Court hears offenses in which one family or household member is charged and another is the alleged victim (§ 16.1-241). When the charge is a felony, that court decides only whether there is probable cause; the trial takes place in Circuit Court.
• Appeals: after a misdemeanor conviction in either district court, you have ten days to appeal to Stafford Circuit Court, even if you pleaded guilty (§ 16.1-132). The Circuit Court hears the case again from the start, and you can ask for a jury (§ 16.1-136).

Charges We Defend in Stafford

• Reckless driving. Reckless driving is a Class 1 misdemeanor (§ 46.2-868), a criminal charge rather than a ticket, and it can’t be prepaid (§ 16.1-69.40:1). Our Stafford reckless driving page covers the speed cases we see on I-95 and the other ways a reckless charge comes up.
• DUI. A first DUI conviction brings a one-year license revocation and generally requires the alcohol safety program. The court may allow a restricted license for good cause under statutory conditions, including ignition interlock for alcohol-related DUI. A high test result or a prior DUI conviction within ten years can bring mandatory jail. Our Virginia DUI lawyer page explains the charge and the evidence we examine, and our DUIs in Virginia page sets out the penalties.
• Driving on a suspended license and other traffic charges. See our pages on driving on a suspended license, hit and run and traffic ticket defense.
• Drug charges. Possession and distribution cases often turn on the stop, the search and whether the Commonwealth can show you knew about the drugs and controlled them. See drug possession and drug distribution.
• Theft. Taking property worth less than $1,000 that is not taken from a person is petit larceny, a Class 1 misdemeanor (§ 18.2-96). Property worth $1,000 or more, $5 or more taken from a person, or any firearm makes it grand larceny, a felony (§ 18.2-95). See petit larceny and grand larceny.
• Assault and domestic charges. An assault charge against a family or household member starts in the Juvenile and Domestic Relations District Court, often with a protective order or a no-contact condition of bond already in place. Follow those orders to the letter, and talk with us before you talk with anyone involved. See assault and battery.
• Felonies. A felony charge may involve a preliminary hearing in a district court before trial in Stafford Circuit Court; some cases proceed by direct indictment. Our Virginia criminal defense page explains how Virginia classifies felonies and misdemeanors.

How We Work on a Stafford Case

We begin with the elements of the charge and the evidence the Commonwealth has to prove them. In a speed case that can mean the radar or lidar records and calibration certificates. In a DUI it means the reason for the stop, the field sobriety tests and the breath or blood results. In other cases it can mean video, witness statements, lab reports, search warrants and phone records. We also look hard at whether the stop, the search, the questioning or the arrest was lawful.

Then we sit down with you and go through what we found. Some cases are headed for trial. In others the evidence supports asking for a reduced charge, or the work is preparing for sentencing. Steps such as a driving course or treatment can matter at sentencing, but they are a separate question from whether the Commonwealth can prove the charge. You make the decision with the facts in front of you.

Before Your Stafford Court Date

Don’t pay a ticket or plead guilty online before you talk with a lawyer. Paying a traffic infraction is treated as a guilty plea (§ 19.2-254.1), and a reckless driving charge can’t be paid in advance at all.

Keep your summons or warrant, your bond papers and any protective order, and write down what happened while you still remember it. Save photos, videos and messages instead of deleting them. For a traffic or DUI charge, get a copy of your driving record if you can. Don’t discuss the case with the police, the other driver or anyone else involved, and don’t post about it.

Frequently asked questions

Talk With a Stafford Criminal Defense Attorney

A Stafford court date can arrive quickly, especially if you live hours away. Call us before it does. We will go over the charge and the evidence with you and tell you plainly where you stand. You can read what clients say on our client reviews page.

Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.