1. Law Offices of Daniel J. Miller – Daniel J. Miller
Practice Focus: DUI/DWI defense, drug crimes, juvenile crimes, domestic violence, assault and battery, criminal defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, juvenile crimes, domestic violence, assault and battery, protective order violations, bond condition violations
Legal Services: Trial defense, DMV administrative hearings, juvenile court representation, protective order hearings, CPS complaint defense, plea negotiations
Background: Attorney Daniel J. Miller has been recognized among the Top Lawyers of Coastal Virginia 2024, selected to The National Trial Lawyers Top 100 Trial Lawyers, and awarded the Martindale-Hubbell Client Champion Silver distinction in 2024 and 2025. He holds a Justia 10.0 Lawyer Rating and has been recognized by Expertise.com as one of the region’s notable criminal defense, family law, and DUI lawyers for 2024. He was recognized by peers in the Virginia Business Legal Elite 2024 and received the American Institute of Criminal Law Attorneys’ “10 Best Attorneys for Client Satisfaction” in 2025. He is an Avvo Clients’ Choice Attorney and Peer Reviewed by Martindale-Hubbell.
Location: 4425 Corporation Lane, Suite 100, Virginia Beach, VA 23462
Contact: (757) 267-4949 | https://www.legaldefense.com
Consultation: Free consultation available, 24/7 availability, financing options available
2. McCormack & McCormack
Practice Focus: Criminal defense, military law, sex crimes, violent crimes, weapons offenses, traffic offenses, probation violations
Case Types Handled: Felonies, misdemeanors, sex crimes, violent crimes, weapons offenses, traffic offenses, property crimes, probation violations, military-related criminal matters
Legal Services: Trial defense, court-martial defense, administrative hearings, appeals, plea negotiations
Background: McCormack & McCormack has attorneys who have served in the U.S. Judge Advocate General’s Corps, including Attorneys Greg McCormack and Robert Canoy. This military legal background provides insight into cases involving service members or military-related matters. The firm’s legal team contributes more than 70 years of accumulated experience. They represent clients throughout the Eastern Shore, including Virginia Beach, Chesapeake, Newport News, Norfolk, Williamsburg, and surrounding areas. The firm handles cases ranging from first offenses to cases involving defendants with prior records.
Location: 888 Independence Boulevard, Suite 100, Virginia Beach, VA 23455
Contact: (757) 227-2929 | https://www.mccormackpc.com
Consultation: Contact for consultation information
3. JR Law PLC – Jerrell R. Johnson
Practice Focus: DUI/DWI defense, drug crimes, assault charges, domestic violence, traffic offenses, juvenile defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, assault, domestic violence, traffic violations, juvenile offenses
Legal Services: Trial defense, DMV hearings, plea negotiations, juvenile court representation
Background: Jerrell R. Johnson has been practicing law for over 15 years and served as a police officer for more than 15 years before becoming an attorney. This background provides insight into law enforcement practices and prosecution strategies. He holds a degree in psychology and a law degree. Attorney Johnson has earned recognition including the National Trial Lawyers: Top 100, the Avvo Clients’ Choice 2015 Award for Criminal Defense, and Virginia Coastal Magazine’s consecutive recognition among notable attorneys. He has resided in Virginia Beach for over 40 years and handles hundreds of criminal cases each year. He represents both adults and juveniles charged with criminal and traffic matters throughout Virginia Beach and Southeastern Virginia.
Location: 277 Bendix Road, Suite 400, Virginia Beach, VA 23452
Contact: (757) 447-0080 | https://www.virginiabeachcriminallawfirm.com
Consultation: Free consultation available
4. Westendorf & Khalaf, PLLC
Practice Focus: Criminal defense, appellate advocacy, DUI defense, sex crimes, violent crimes, drug crimes, white collar crimes
Case Types Handled: Felonies, misdemeanors, murder, malicious wounding, rape, sexual battery, robbery, DUI/DWI, drug offenses, theft, fraud
Legal Services: Trial defense, appellate representation, motion practice, bond hearings, jury trials, post-conviction relief
Background: Westendorf & Khalaf devotes 100% of their practice to criminal defense. The firm combines trial experience with appellate advocacy, ensuring that appellate issues are preserved from the start of each case. They have achieved not guilty verdicts in jury trials for serious charges including murder, malicious wounding, rape, and sexual battery. The firm handles cases in Virginia Beach and throughout Hampton Roads. They are experienced in both Virginia state courts and federal courts. Their approach includes providing honest case assessments and charging the same fee regardless of whether a case goes to trial, ensuring clients are never pressured to plead guilty for financial reasons.
Location: 360 London Bridge Road, Suite 350, Virginia Beach, VA 23454
Contact: (757) 663-4477 | https://www.wkdefense.com
Consultation: Free consultation available
5. Brian M. Latuga – Wolcott Rivers Gates
Practice Focus: Criminal defense (state and federal), DUI defense, white collar crimes, sex offenses, drug trafficking, violent crimes, civil litigation
Case Types Handled: Felonies, misdemeanors, federal crimes, DUI/DWI, white collar crimes, sex offenses, drug trafficking, violent crimes
Legal Services: Trial defense, federal court representation, state court representation (General District, Juvenile, Domestic Relations, and Circuit Courts), civil litigation
Background: Brian M. Latuga holds a Bachelor of Science in Chemistry from James Madison University (2004) and a Juris Doctor Summa Cum Laude from Regent University School of Law (2013). He has been selected as a Best Lawyer by Best Lawyers peer review (2024), recognized as one of Coastal Virginia Magazine’s “Top Lawyers” from 2018-2023, and listed in Virginia’s “Legal Elite” for Criminal Law by Virginia Business Magazine from 2020-2022. Attorney Latuga’s practice covers Criminal Defense and Civil Litigation in both state and federal courts. His background in chemistry and extensive public service inform his approach to case analysis and advocacy.
Location: 919 East Main Street, Suite 2020, Virginia Beach, VA 23219 (Norfolk Office)
Contact: (757) 533-5000 | https://www.wolcottriversgates.com
Consultation: Consultation available
Criminal Defense Regulations in Virginia
Virginia attorneys must be licensed by the Virginia State Bar (VSB), an agency of the Supreme Court of Virginia. Admission requires passing the Virginia Bar Examination or meeting admission requirements through comity for attorneys licensed in other jurisdictions with reciprocal agreements. The Virginia State Bar oversees attorney discipline through its disciplinary system.
Virginia requires attorneys to complete 12 hours of Continuing Legal Education (CLE) annually, including at least 2 hours in ethics/professionalism. Virginia does not have a state-administered specialty certification program for criminal defense attorneys, though attorneys may obtain certification through national organizations such as the National Board of Trial Advocacy.
Virginia does not have a statewide public defender system. Instead, representation for indigent defendants is provided through court-appointed counsel (private attorneys appointed from a list) in most jurisdictions. A few localities, including Norfolk and Portsmouth (near Virginia Beach), have public defender offices. Eligibility for court-appointed counsel is determined by income guidelines. Virginia Beach Circuit Court appoints counsel for qualifying defendants.
Virginia classifies crimes into felonies and misdemeanors. Felonies are divided into six classes: Class 1 (most serious, death or life imprisonment), Class 2 (20 years to life), Class 3 (5-20 years), Class 4 (2-10 years), Class 5 (1-10 years, or up to 12 months jail and/or $2,500 fine at court discretion), and Class 6 (1-5 years, or up to 12 months jail and/or $2,500 fine at court discretion). Misdemeanors are divided into four classes: Class 1 (up to 12 months jail and/or $2,500 fine), Class 2 (up to 6 months jail and/or $1,000 fine), Class 3 (fine up to $500), and Class 4 (fine up to $250).
Virginia retains the death penalty, though its use has been limited and the state has not carried out executions in recent years. The death penalty applies to capital murder, which includes specific categories of first-degree murder with aggravating factors. Capital defense attorneys must meet specific qualification requirements.
Virginia’s bail system allows magistrates and judges to set bail based on the nature of the offense, criminal history, community ties, and risk factors. Virginia Code § 19.2-120 governs pretrial release. Defendants may be released on personal recognizance, unsecured bond, or secured bond. For certain offenses (particularly violent crimes, crimes against minors, and repeat offenses), there is a presumption against bail that the defendant must overcome. Bail bond companies in Virginia typically charge 10% of the bond amount.
Virginia law provides for expungement of criminal records in limited circumstances under Virginia Code § 19.2-392.2. Expungement is generally available only when charges were dismissed, there was a nolle prosequi, the defendant was acquitted, or the charge was absolutely pardoned. Virginia does not allow expungement of convictions (even for minor offenses) except in rare circumstances involving absolute pardons. Petitions for expungement are filed with the circuit court and require a filing fee. The Commonwealth’s Attorney may object. If granted, the record is sealed from public access, though law enforcement may still access sealed records. Recent legislative changes have expanded expungement eligibility slightly, but Virginia remains one of the more restrictive states for record clearing.
Virginia imposes enhanced penalties for repeat offenders through various statutes. The habitual offender statutes provide for enhanced sentences for defendants with multiple prior felony convictions. For example, defendants with three or more prior violent felony convictions may be sentenced as violent career criminals with enhanced mandatory minimums.
Attorney advertising in Virginia is governed by the Virginia Rules of Professional Conduct, which prohibit false or misleading communications. Attorneys must not make claims about qualifications or results that cannot be substantiated.
Frequently Asked Questions
What happens after an arrest in Virginia Beach?
After an arrest in Virginia Beach, the defendant is typically transported to the Virginia Beach City Jail at 2501 James Madison Boulevard for booking. The booking process includes fingerprinting, photographing, and intake. The defendant will appear before a magistrate (often the same day) who will advise the defendant of charges and set initial bond conditions. For felonies, a preliminary hearing must be held in General District Court (typically within 30-60 days) to determine probable cause. If probable cause is found, the case is certified to Circuit Court for further proceedings including grand jury indictment. Misdemeanors are handled entirely in General District Court. Virginia Beach General District Court is located at 2425 Nimmo Parkway, and Virginia Beach Circuit Court is at 2425 Nimmo Parkway.
How does bail work in Virginia Beach?
Bail in Virginia Beach is initially set by a magistrate and can be reviewed by a judge. Under Virginia Code § 19.2-120, the magistrate or judge considers the nature of the offense, defendant’s criminal history, community ties, employment, and risk of flight or danger to the community. For most offenses, defendants have a right to bail. However, certain offenses carry a presumption against bail (violent felonies, certain drug offenses, crimes against minors, prior failures to appear) that the defendant must overcome with clear and convincing evidence. Options for release include: personal recognizance (no money required), unsecured bond (promise to pay if failing to appear), secured bond through a bail bondsman (typically 10% premium), or cash bond. Virginia Beach Pretrial Services may recommend release conditions including supervision, drug testing, or electronic monitoring.
What are the penalties for DUI in Virginia?
Virginia DUI penalties are substantial. A first offense DUI is a Class 1 misdemeanor carrying: up to 12 months in jail (mandatory minimum 5 days if BAC was 0.15-0.20, or 10 days if BAC was over 0.20), minimum $250 fine, 1-year license suspension (restricted license may be available after completing VASAP), mandatory enrollment in Virginia Alcohol Safety Action Program (VASAP), and possible ignition interlock device requirement. A second offense within 5 years carries: mandatory minimum 20 days in jail (if within 5 years) or 10 days (within 5-10 years), minimum $500 fine, and 3-year license revocation. A third offense within 10 years is a Class 6 felony carrying: mandatory minimum 90 days in jail (if third offense within 5 years) or 30 days (within 10 years), minimum $1,000 fine, and indefinite license revocation.
Does Virginia Beach offer diversion or alternative sentencing programs?
Virginia Beach and Virginia offer limited diversion options compared to some states. First Offender Programs may be available for certain drug possession cases under Virginia Code § 18.2-251, allowing dismissal upon completion of drug education and community service. Some localities offer veteran treatment courts and drug courts, though availability varies by jurisdiction. Deferred disposition may be available for some first-time misdemeanor offenders at the discretion of the judge and prosecutor, where a plea is entered but sentencing is deferred; upon successful completion of conditions, charges may be reduced or dismissed. Virginia Beach General District Court handles most misdemeanor diversion requests. For traffic and minor offenses, driver improvement clinics may be available. Eligibility for all programs depends on the offense, criminal history, and prosecutor/judicial approval.
How can I get my criminal record expunged in Virginia?
Virginia has restrictive expungement laws. Under Virginia Code § 19.2-392.2, expungement is generally available only when: charges were dismissed (nolle prosequi or otherwise), the defendant was acquitted after trial, or the defendant received an absolute pardon. Virginia does not allow expungement of convictions, even for minor offenses, except through the rare absolute pardon process. To petition for expungement in Virginia Beach, file a petition with Virginia Beach Circuit Court, pay the filing fee (approximately $86), and undergo fingerprinting. The Commonwealth’s Attorney will be notified and may object. If objected to, a hearing is held where the petitioner must demonstrate that continued existence of the record causes or may cause manifest injustice. If granted, the record is sealed from most public access, though law enforcement and certain agencies retain access. Recent Virginia legislation has marginally expanded expungement eligibility, but Virginia remains one of the most restrictive states in the country for criminal record clearing. For convictions, the only options are typically seeking a pardon from the Governor or waiting for automatic sealing provisions that may apply to certain older marijuana convictions under recent legislation.