1. James E. Short, PLC
Practice Focus: DUI/DWI defense, misdemeanor and felony criminal defense, traffic offenses, assault, drug crimes, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, assault, weapons charges, domestic violence, theft crimes, traffic violations, federal crimes
Legal Services: Trial defense, plea negotiations, bail hearings, expungement assistance, license suspension hearings, criminal appeals
Background: Attorney James E. Short has practiced law since 1986 after graduating from the Marshall-Wythe School of Law at the College of William and Mary. He earned his undergraduate degree cum laude from the University of Richmond in 1983. Short began his career as an Assistant Commonwealth’s Attorney for the City of Portsmouth, where he served for four years as a prosecutor. He has been in private practice since 1991. He is admitted to practice before the U.S. District Court for the Eastern District of Virginia, the U.S. Court of Appeals for the Fourth Circuit, and was admitted to the Bar of the United States Supreme Court in 2008. Short is a past President of the Chesapeake Bar Association and has served on the Virginia State Bar Disciplinary Committee for the First District. Virginia State Bar No. 26159.
Location: 1105 Madison Plaza, Suite 120, Chesapeake, VA 23320
Contact: (757) 410-5042 | https://www.shortplc.com
Consultation: Free initial consultation available, video conferencing options
2. Parks Zeigler, PLLC (Jason A. Barlow)
Practice Focus: Criminal defense, DUI/DWI, drug and gun charges, firearm rights restoration, traffic defense, reckless driving
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, weapons charges, firearm rights restoration, traffic violations, domestic violence
Legal Services: Trial defense, plea negotiations, motion practice, post-conviction relief, firearm rights restoration, administrative hearings
Background: Attorney Jason A. Barlow is a firm shareholder at Parks Zeigler, PLLC, bringing nearly 30 years of legal experience to the Chesapeake office. He graduated from Old Dominion University with a bachelor’s degree in English Literature and earned his law degree from The University of South Dakota Law School in 2000. Before entering private practice, Barlow served eight years as a prosecutor in the Chesapeake Commonwealth’s Attorney’s Office, where he focused on prosecuting DUI charges, drug and gun offenses, and civil forfeiture cases. He previously worked as a Deputy at the Chesapeake Sheriff’s Office starting in 1994 and spent time at the Virginia Legal Aid Society handling landlord/tenant and disability claims. He is admitted to practice before the U.S. District Court for the Eastern District of Virginia. Barlow has tried multiple jury trials including serving as co-counsel on several murder trials.
Location: 524 Albemarle Drive, Suite 200, Chesapeake, VA 23322
Contact: (757) 410-8901 | https://www.pzlaw.com
Consultation: Free case consultation available
3. The Law Offices of Daniel J. Miller
Practice Focus: Criminal defense, DUI/DWI, domestic violence, assault and battery, drug crimes, juvenile defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, domestic violence, assault and battery, juvenile crimes, theft, protective order violations, weapons charges
Legal Services: Trial defense, bond hearings, plea negotiations, motion to suppress evidence, criminal appeals, record expungement
Background: Attorney Daniel J. Miller grew up in the Chesapeake area of Virginia. He graduated from Norfolk Collegiate School in 1985, earned his Associate’s degree from Oxford College in 1987, and graduated from Emory University in 1989 with a Bachelor of Arts degree in Philosophy and Sociology. He attended Western Michigan Law School and was admitted to the Virginia Bar in November 1998. Miller began his legal career at Michael I. Ashe, P.C., focusing on criminal law and traffic violations. He founded his own firm in 2001 and practices law in all Virginia courts, both state and federal. He maintains membership in the Virginia State Bar, Virginia Trial Lawyers Association, Norfolk/Portsmouth Bar Association, Virginia Beach Bar Association, American Bar Association, and the National Association of Criminal Defense Lawyers. The firm has over 25 years of experience serving clients.
Location: 2725 Gator Street, Suite 100, Virginia Beach, VA 23452 (serving Chesapeake)
Contact: (757) 267-4949 | https://www.legaldefense.com
Consultation: Free consultation, available around the clock
4. Shannon and Associates, P.C. (Kristen M. Shannon)
Practice Focus: Criminal defense litigation, traffic violations, DUI cases, domestic matters
Case Types Handled: Felonies, misdemeanors, DUI/DWI, traffic offenses, domestic violence, assault charges
Legal Services: Trial defense, plea negotiations, traffic court representation, license suspension hearings
Background: Attorney Kristen M. Shannon began her legal career as a state prosecuting attorney before transitioning to criminal defense. She graduated from the University of Richmond School of Law and dedicates much of her practice to criminal defense litigation, traffic, and DUI cases in Virginia Beach, Chesapeake, and the Hampton Roads region. She was named a 2024 Virginia Super Lawyer under the Family Law category. Shannon serves as a member of the Chesapeake Board of Zoning Appeals and has served as a representative for the Virginia State Bar Conference on Local and Specialty Bar Associations since 2019. She has been a presenter at Virginia Bar Association continuing legal education programs and serves on various community boards.
Location: 2006 Old Greenbrier Road, Suite 4, Chesapeake, VA 23320
Contact: (757) 228-5529 | https://www.hamptonroadslawteam.com
Consultation: Free initial consultation available
5. Robinson Law, PLLC
Practice Focus: Criminal defense, DUI/DWI, drug crimes, sex offenses, violent crimes, weapons offenses, federal criminal defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, sex crimes, violent crimes, weapons charges, domestic violence, federal crimes
Legal Services: Trial defense, plea negotiations, motion practice, evidence suppression, bond hearings, federal court representation
Background: Robinson Law, PLLC operates with more than 50 years of combined experience among its attorneys. The firm represents clients in Virginia state and federal courts throughout Hampton Roads, including Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach. The attorneys are members of legal organizations including the National College of DUI Defense, the American Bar Association, the Virginia Trial Lawyers Association, and the Virginia Association of Criminal Defense Lawyers. The firm has received recognition including being named among the Top 100 Trial Attorneys and the Top 40 Under 40 by the National Trial Lawyers.
Location: Main office: 10486 Armstrong St, Fairfax, VA 22030 (serving Chesapeake and Hampton Roads)
Contact: (703) 844-3746 | https://www.callrobinson.com
Consultation: Free consultation available
Criminal Defense Regulations in Virginia
Virginia requires all attorneys to be admitted to the Virginia State Bar to practice law in the Commonwealth. To gain admission, applicants must pass the Virginia Bar Examination or qualify for admission without examination based on prior practice in another jurisdiction. Applicants must demonstrate good moral character and fitness through a character and fitness evaluation conducted by the Virginia Board of Bar Examiners.
Virginia operates a hybrid public defender system through the Virginia Indigent Defense Commission (VIDC). The Commonwealth provides indigent defense through 28 public defender offices serving 56 localities and through private attorneys who serve as court-appointed counsel. Defendants facing potential incarceration who cannot afford an attorney may qualify for appointed counsel based on financial eligibility requirements. Court-appointed attorneys must be certified by the VIDC, which requires completing Initial Certification Training consisting of 8 hours for misdemeanor/felony certification and an additional 4 hours for juvenile certification. Attorneys must re-certify every two years through continuing legal education.
Virginia does not have a formal board certification program for criminal law specialists. Attorneys may advertise their practice areas but cannot claim specialist status without meeting specific requirements under the Virginia Rules of Professional Conduct. The Virginia State Bar requires all active attorneys to complete 12 hours of Mandatory Continuing Legal Education (MCLE) annually, including 2 hours of ethics or professionalism.
Attorney advertising in Virginia is governed by the Rules of Professional Conduct, which prohibit false or misleading communications about services. Attorneys may not make statements creating unjustified expectations or compare their services to other lawyers unless the comparison can be factually substantiated.
Virginia classifies felonies into six classes. Class 1 felonies carry potential life imprisonment and fines up to $100,000. Class 2 felonies carry 20 years to life imprisonment. Class 3 felonies carry 5 to 20 years. Class 4 felonies carry 2 to 10 years. Class 5 and Class 6 felonies are considered “wobblers” that may be treated as misdemeanors in some circumstances, carrying 1 to 10 years and 1 to 5 years respectively.
Misdemeanors are classified into four classes. Class 1 misdemeanors carry up to 12 months in jail and a $2,500 fine. Class 2 carries up to 6 months and a $1,000 fine. Class 3 carries a fine up to $500. Class 4 carries a fine up to $250.
Virginia abolished discretionary parole in 1995 for felonies committed after that date. Inmates may earn sentence credits reducing confinement by up to 15%. The Commonwealth has mandatory minimum sentencing for certain offenses including some drug crimes and firearm offenses.
Virginia enacted record sealing legislation in 2021, with full implementation scheduled for July 1, 2026. Under the new law, certain misdemeanor convictions may be automatically sealed seven years after conviction if specific criteria are met. Class 5 and Class 6 felonies and larceny offenses may be eligible for petition-based sealing 10 years after conviction. Traditional expungement remains available for charges that resulted in acquittal, dismissal, or nolle prosequi.
Virginia does not have the death penalty, having abolished capital punishment in 2021.
Frequently Asked Questions
Q: What happens at an arraignment in Chesapeake courts?
A: At an arraignment in Chesapeake, the defendant appears before a judge to hear the formal charges, receive information about their constitutional rights, and enter an initial plea. For misdemeanor cases heard in Chesapeake General District Court at 307 Albemarle Drive, the arraignment often occurs at the first court appearance. For felony cases, a preliminary hearing is held in General District Court to determine probable cause before the case proceeds to Chesapeake Circuit Court for arraignment and trial. Defendants have the right to an attorney at arraignment, and the court will appoint counsel for indigent defendants facing potential incarceration.
Q: How does bail work in Chesapeake, Virginia?
A: In Virginia, bail decisions consider the nature of the alleged offense, the defendant’s criminal history, ties to the community, and potential flight risk. Chesapeake defendants are typically held at the Chesapeake City Jail located at 401 Albemarle Drive. A magistrate makes the initial bail determination after arrest. If bail is denied or set too high, the defendant may request a bond hearing before a judge. Virginia law presumes bail for most offenses, but certain violent crimes and repeat offenses may result in detention pending trial. Defendants released on bail must appear for all court dates or face additional charges and forfeiture of bond.
Q: What are the penalties for a first-offense DUI in Virginia?
A: A first-offense DUI in Virginia is a Class 1 misdemeanor carrying potential penalties of up to 12 months in jail and a fine between $250 and $2,500. Administrative penalties include a 7-day license suspension and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP). If the blood alcohol content was between 0.15 and 0.20 percent, a mandatory minimum 5 days in jail applies. If the BAC was above 0.20 percent, the mandatory minimum increases to 10 days. Drivers under 21 face a zero-tolerance policy with a BAC limit of 0.02 percent. An ignition interlock device may be required for license reinstatement.
Q: Does Virginia offer diversion programs for criminal defendants?
A: Virginia offers several diversion programs that may allow defendants to avoid conviction. First-offender programs under Virginia Code Section 18.2-251 allow dismissal of certain drug possession charges after completing probation requirements. Deferred disposition programs may be available for some misdemeanor offenses at the discretion of the prosecutor and court. The Chesapeake Commonwealth’s Attorney’s Office may offer pre-trial diversion for qualifying defendants, typically first-time offenders charged with non-violent crimes. Successful completion of diversion requirements results in dismissal of charges. Veterans Treatment Court and Drug Court programs may be available for eligible defendants with substance abuse or mental health issues.
Q: Can I get my criminal record expunged in Virginia?
A: Virginia’s expungement laws are limited for convictions. Traditional expungement is only available for charges that resulted in acquittal, dismissal, nolle prosequi (decision not to prosecute), or cases involving identity theft. Convictions generally cannot be expunged under current law. However, Virginia’s new record sealing law takes effect July 1, 2026, which will allow sealing of certain misdemeanor and low-level felony convictions after specified waiting periods. Automatic sealing will apply to specific misdemeanors seven years after conviction. Other eligible offenses may be sealed by petition. DUI convictions and domestic assault convictions are excluded from sealing eligibility. Juvenile records are automatically expunged when the individual turns 19 and five years have passed since their last juvenile hearing.