Criminal Law and Traffic Violations

Frequently Asked Questions

 

Click on any question below to view the answer to that question.

I’ve been arrested or received a traffic violation. What should I do next?

Call our office to make an appointment as early as possible so we can file the proper motions on your behalf prior to your court date.

Please understand that some motions are time sensitive and need to be filed in advance of your court date. The more time you provide us, the more time our office has to secure important evidence and properly prepare for your case.

Please bring a copy of your citation, warrant, summons, criminal complaint, and/or other documents you were served to your appointment.

For traffic violations, also bring a copy of your driving record and driver compliance summary, which can be obtained at the office of the Virginia Department of Motor Vehicle or online.

Is reckless driving a Class 1 misdemeanor?

Yes, a Class 1 misdemeanor carries a jail sentence for up to 12 months and a maximum fine of $2,500 as well as a loss of driver’s license.

Are there other classes of misdemeanors?

A Class 2 misdemeanor carries a confinement in jail for up to 6 months and a maximum fine of $1,000.
A Class 3 carries a maximum fine of $500 and a Class 4 carries a maximum fine of $250.

Are there classes of felonies?

Yes, there are 6 classes of felonies that carry a range of jail time and fines. Below is the maximum jail time for each class of felonies:

Class 1 – life to death penalty
Class 2 – 20 years to life
Class 3 – 5 to 20 years
Class 4 – 2 to 10 years
Class 5 – 1 to 10 years
Class 6 – 1 to 5 years

Can I leave the state if I am on probation?

You must check with your probation officer and bail bondsman for permission to leave the State.

Can I be randomly drug tested if on probation?

Yes, you can also be required to submit to a breathalyzer test.

Can my probation be transferred to another County?

Yes, in some instances your probation can be transferred to the County you are residing in.

Can I take a driving improvement class?

Yes, you should contact the Virginia Department of Motor Vehicles for more information on Driver Improvement Clinics and upon completion of the course you can obtain 5 safe driving points. You can earn 5 points once every 2 years by taking a driving improvement class. The highest safe driving point balance you may accumulate on your driving record is 5 points.

What is an expungement?

The purpose of expungement is to conceal criminal records from public inspection. In Virginia, an individual may be eligible to expunge their arrest record if the case was dismissed or charges were dropped. The statute seeks to protect individuals from harm to their credit, education, and employment due to their criminal background.

Can social networking sites like Facebook and Twitter be used as evidence in a court of law?

Yes, content can be collected from social networking sites for use as evidence in litigation and legal cases.

Helpful Links

Virginia Department of Motor Vehicles

Virginia Alcohol Safety Action Program (VASAP)

Virginia’s Judicial System