Richmond Criminal Defense Lawyer

Experienced Criminal Defense Attorney in Richmond, VA

Being accused of a crime can be stressful and scary. When your future is on the line, it is important to remember that you have the right to a defense.

Brooks & Baez has decades of combined experience helping clients throughout Virginia, particularly in Richmond. As an experienced Richmond Criminal Defense Lawyer, our team listens with compassion and understanding to help you find a solution that works for you.

Providing Clients With Skilled Representation

Our team works together to represent the needs of our clients. From simple traffic tickets to drug charges, DUI and even felony charges, we will do everything we can to defend your rights. This means building the strongest possible case on your behalf. We do this by gathering evidence, talking to necessary experts and making note of any errors made by the police. Silly mistakes happen more often than you might think. Our job is to guide you through this process and help you make smart choices.

No matter what your charges are, having our experienced criminal defense team examine your situation is crucial. For example, serious crimes can result in life-changing consequences. From steep files to jail or prison time, life as you know it could change forever. Many people think that they will have to accept their charges. Consulting with a knowledgeable lawyer is the best way to protect your rights. If you don’t, you could be risking far more than you know.

Criminal Charges We Defend in Richmond

Our criminal defense attorneys represent adults and young adults facing state charges in Richmond-area courts, including:

• DUI/DWI: first and repeat offenses, high-BAC DUI, breath or blood test refusal, and drug-impaired driving
• Traffic crimes: reckless driving (including speeding 20 mph or more over the limit, or over 85 mph), driving on a suspended license, and hit and run
• Drug charges: possession, possession with intent to distribute, distribution, prescription drug offenses, and marijuana offenses beyond legal limits
• Assault and violent crimes: assault and battery, domestic assault, malicious and unlawful wounding, and robbery
• Theft and property crimes: petit and grand larceny, shoplifting, burglary, breaking and entering, and vandalism
• Fraud and white-collar offenses: embezzlement, forgery, credit card fraud, and obtaining money by false pretenses
• Weapons charges: carrying a concealed weapon, brandishing, and possession by a prohibited person
• Probation violations and failure to appear

Facing a charge that could lead to prison time? Learn more about our serious crimes and felony defense services.

Misdemeanor vs. Felony Charges in Virginia

Virginia groups most crimes into classes under Va. Code §§ 18.2-10 and 18.2-11. The class sets the maximum penalty a judge or jury can impose, which is why knowing exactly what you are charged with is the first step in any defense.

Many offenses also carry mandatory minimums, license suspensions or penalty enhancements for prior convictions. Even a Class 1 misdemeanor, such as a first-offense DUI, reckless driving or petit larceny, can mean jail time and a permanent criminal record. An experienced Richmond criminal defense lawyer can explain your real exposure and the options to reduce it.

Let Us Be Your Voice in the Fight

A criminal conviction can change your life long after the case is closed. Depending on the charge, you could face fines, jail or prison time, probation and the loss of your driver’s license. You should not have to face prosecutors, police and an unfamiliar court system on your own. Our attorneys stand beside you at every hearing, speak for you in negotiations with the Commonwealth’s Attorney, and fight to protect your rights, your record and your future.

The Hidden Consequences of a Criminal Conviction

The sentence is only part of the picture. A conviction in Virginia can also affect:

• Employment and housing, because criminal records show up on background checks
• Firearm rights, which are lost after a felony conviction
• Voting rights, which are lost after a felony conviction unless restored by the Governor
• Professional licenses, security clearances and college enrollment or financial aid
• Immigration status for non-citizens, including possible deportation or denial of a green card
• Child custody and visitation, especially in cases involving domestic violence or drugs
• Driving privileges and insurance rates after DUI and traffic convictions

How a Criminal Case Moves Through Richmond Courts

Knowing what comes next takes some of the fear out of the process. Most criminal cases in the City of Richmond follow these steps:

1. Arrest, warrant or summons. Many misdemeanors begin with a summons to appear in court. More serious charges usually begin with an arrest on a warrant issued by a magistrate.
2. Bond. A magistrate decides whether you will be released and on what terms. If bond is denied or set too high, your attorney can ask a judge to review it.
3. Arraignment. At your first court appearance, the judge confirms the charges, addresses your right to counsel and sets the next court date.
4. Misdemeanor trial in General District Court. Misdemeanors are tried before a judge, without a jury, in Richmond General District Court, which hears criminal cases at the John Marshall Courts Building downtown and at the Manchester courthouse south of the James River. If you are convicted, you have 10 days to appeal to Circuit Court for a completely new trial.
5. Felony preliminary hearing. Felony cases start with a preliminary hearing in General District Court, where a judge decides whether there is probable cause. This is a key chance to test the Commonwealth’s evidence, and charges are sometimes reduced or dismissed here.
6. Grand jury and Circuit Court. If the case moves forward, a grand jury may indict, and the case is tried in Richmond Circuit Court before a judge or jury.
7. Sentencing. If there is a conviction, the judge considers Virginia’s discretionary sentencing guidelines. Your attorney presents mitigating evidence to argue for the most favorable outcome.

Cases involving juveniles or family and household members are heard in the Richmond Juvenile and Domestic Relations District Court. Charges in Chesterfield, Henrico and other nearby counties follow the same general path in those localities’ courts.

How Our Richmond Criminal Defense Lawyers Build Your Defense

Every case is different, but strong defenses often come from these areas:

• Unlawful stops and searches: If police violated your Fourth Amendment rights, we can file a motion to suppress the evidence they found.
• Statements and Miranda rights: Statements taken without proper warnings or through pressure may be kept out of court.
• Testing and lab errors: Breath, blood and drug lab results depend on proper equipment, procedures and chain of custody.
• Witness credibility and identification: Eyewitness mistakes and inconsistent statements can create reasonable doubt.
• Intent, knowledge and possession: Many charges require proof that you knew about or intended the conduct, which is often disputed in drug and theft cases.
• Self-defense: Virginia law recognizes the right to defend yourself and others in appropriate circumstances.

Depending on the facts, possible results include a dismissal, a nolle prosequi (the prosecutor dropping the charge), a reduced charge, a deferred disposition or first-offender program, alternative sentencing, or a not-guilty verdict at trial. Past results do not guarantee a future outcome, but early, thorough preparation gives you the best chance at a good one.

What to Do If You Are Arrested or Charged in Richmond

1. Stay calm and do not resist, even if you believe the arrest is unfair.
2. Use your right to remain silent. Politely say you want to speak with a lawyer.
3. Do not consent to a search of your car, phone or home.
4. Do not discuss your case with anyone or post about it on social media.
5. Write down everything you remember, including officer names and possible witnesses.
6. Keep every document you receive, such as your summons, warrant and bond papers, and note your court date.
7. Call a Richmond criminal defense lawyer before your first court appearance.

Expungement and Record Sealing in Virginia

A criminal record can follow you long after your case is over, but Virginia law offers two ways to limit who can see it. Traditional expungement under Va. Code § 19.2-392.2 is available when a charge was dismissed, nolle prossed or ended in a not-guilty verdict. Virginia’s new record-sealing law, which took effect July 1, 2026 (Va. Code § 19.2-392.5 et seq.), allows certain charges and convictions to be sealed automatically after a waiting period or by petition. Eligibility depends on the offense, your overall record and how much time has passed, and some offenses, including certain DUI and domestic violence charges, are excluded. Our attorneys can review your history and tell you whether expungement or sealing is available to you.

FAQs

What Should I Do If I Am Arrested in Richmond, VA?

Stay calm, stay silent, and ask for a lawyer. You do not have to answer questions about the alleged crime, and you do not have to consent to a search of your car, phone, or home. Avoid discussing the case with anyone, including on jail phone calls, which are often recorded. Keep your bond and court papers, note your court date, and contact a Richmond criminal defense attorney as soon as possible so your lawyer can address bond, preserve evidence, and start building your defense.

What Is the Difference Between a Misdemeanor and a Felony in Virginia?

In Virginia, the most serious misdemeanors (Class 1) carry up to 12 months in jail and a fine of up to $2,500, while a felony can bring a prison sentence of one year or more. Misdemeanors are tried in General District Court. Felonies usually begin with a preliminary hearing in General District Court and are tried in Circuit Court. A felony conviction also carries lasting consequences, including the loss of voting and firearm rights.

Can a Criminal Charge Be Dropped or Reduced in Virginia?

Yes. The Commonwealth’s Attorney can drop a charge (called a nolle prosequi), and a judge can dismiss a case when evidence was obtained illegally, key witnesses do not appear, or the prosecution cannot prove every element. Charges are also often reduced through negotiation, such as a felony reduced to a misdemeanor or a DUI amended to reckless driving. Some first-time offenders qualify for deferred disposition programs that can end in dismissal once the conditions are met.

Can I Get My Criminal Record Expunged or Sealed in Virginia?

It depends on how your case ended. If your charge was dismissed, nolle prossed, or you were found not guilty, you may petition for expungement under Va. Code § 19.2-392.2. Since July 1, 2026, Virginia’s record-sealing law also allows certain misdemeanor and felony records to be sealed, either automatically after a waiting period or by petition. Some offenses, including certain DUI and domestic violence charges, are excluded, so have an attorney review your record before you file.

Do I Need a Lawyer for a Misdemeanor Charge in Richmond?

In most cases, yes. A Class 1 misdemeanor in Virginia, such as DUI, reckless driving, petit larceny, or assault and battery, can carry up to 12 months in jail, a $2,500 fine, a driver’s license suspension, and a permanent criminal record. A Richmond criminal defense lawyer can challenge the evidence, negotiate a reduction or dismissal, and help you avoid consequences that follow you for years. Brooks & Baez offers confidential consultations in English and Spanish.

Time Is Of The Essence; Call Today

It is imperative that you consult with a skilled lawyer as soon as possible. The legal system moves quickly and it is important that you have the right attorney by your side. For Spanish-speaking clients, our staff is bilingual and can discuss your concerns. Call our Richmond office at 804-570-7473 to schedule a consultation today. You can also email us by clicking here.