Criminal Law

How to Choose the Right Criminal Defense Lawyer in Virginia

choosing criminal defense lawyer David Cardon Virginia Beach

October 17, 2025

If you’re facing criminal charges in Virginia — whether a misdemeanor or a felony — the lawyer you hire can make one of the most important differences in your life.
A good criminal defense attorney protects more than your record — they protect your future, your job, and your freedom.

But not all lawyers handle criminal cases the same way.
Knowing what to look for — and what to avoid — can help you make the best decision when everything is on the line.

A guide from Cardon Law. This is general information, not legal advice. If you’ve been charged or are under investigation in Virginia Beach, Norfolk, or Hampton Roads, call David A. Cardon for immediate help.


1) What to Look for in a Criminal Defense Attorney

What to Look For📍 Why It Matters
Experience in criminal defense (not general practice)You need someone who handles criminal cases daily and understands Virginia’s court system.
Local courtroom familiarityA lawyer who regularly appears before local judges and prosecutors knows what works in your jurisdiction.
Trial experienceMany cases resolve before trial — but the best plea offers come from attorneys who are ready to try cases when needed.
Knowledge of Virginia criminal procedureFrom arraignments to bond hearings and motions to suppress, technical skill can change outcomes.
Availability and responsivenessYour attorney should return calls, explain next steps, and prepare you for each court date.
Clear, fair fee structureFees should be discussed in writing, with no surprises or hidden add-ons.
Professional reputationCheck independent reviews, client testimonials, and State Bar records for ethics history.

2) Questions to Ask When Interviewing a Criminal Defense Lawyer

  1. How often do you handle cases like mine?
    Look for specific examples — e.g., DUI, domestic assault, theft, or drug charges.
  2. Have you handled cases in this court before?
    Each Virginia jurisdiction (Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton) has its own unwritten rules and personalities.
  3. What’s your approach to communication?
    You deserve prompt updates after each court appearance or filing.
  4. Do you personally appear at my hearings?
    Some firms delegate cases to junior lawyers or substitutes. Always confirm who will be in the courtroom.
  5. What are the likely outcomes and defenses?
    A good attorney will give honest, realistic possibilities — not guarantees.
  6. Can you explain your fees?
    Most criminal lawyers charge flat fees, not hourly rates, for predictable cost management. Always get it in writing.

3) What a Good Defense Lawyer Will Ask and Tell You

A serious criminal defense attorney will want to understand the full picture from the first meeting. Expect them to ask about:

  • The facts leading to your arrest;
  • Whether you spoke with police or detectives (Miranda rights under § 19.2-266.1);
  • Your criminal history, if any;
  • Your employment, education, or military background (for sentencing mitigation); and
  • Whether you’ve already received any paperwork, summonses, or warrants.

They should also explain:

  • How bond hearings work under § 19.2-120;
  • What happens at arraignment and pretrial conferences;
  • Potential plea options vs. trial strategy; and
  • How to avoid making things worse (e.g., speaking to police or contacting witnesses).

4) Warning Signs and Red Flags

🚫 Red Flag⚠️ Why It’s a Problem
Guarantees of dismissal or “inside connections”No attorney can promise results — and claiming influence with prosecutors or judges is unethical.
Unclear or changing feesHonest lawyers explain their flat fee structure upfront.
No written retainer agreementYou should always get the terms of representation in writing.
You only meet with a staff memberYou have a right to meet and speak with the lawyer who will actually represent you.
Poor communicationUnreturned calls or rushed consultations are red flags.
No courtroom presence or recent casesSome lawyers advertise criminal defense but rarely appear in court — check recent activity.
Pressure to plead guilty immediatelyEvery case deserves full review before deciding whether to accept a plea.
They seem indifferent to your storyYou’re not just a case number — your defense depends on trust and communication.

5) What to Expect in Your First Consultation

A good attorney will:

  • Review your charges and possible penalties under the Virginia Code;
  • Explain how the court process works (General District Court → Circuit Court);
  • Discuss whether your case involves bond hearings, discovery motions, or preliminary hearings;
  • Identify early defenses (e.g., lack of probable cause, illegal search, or Miranda violation);
  • Outline next steps and timelines; and
  • Send you a written retainer agreement explaining fees and responsibilities.

You should leave that meeting understanding both:

  • What the attorney will do next, and
  • What you need to do (e.g., appear for court, complete counseling, or gather documents).

6) Why Experience and Reputation Matter

Criminal law in Virginia is heavily procedural. Knowing local judges, prosecutors, and law enforcement officers — and how they typically handle specific charges — can make a meaningful difference.

For example:

  • An attorney who routinely appears in Virginia Beach courts knows which judges favor treatment options for first-time offenders.
  • A lawyer familiar with Chesapeake’s Commonwealth’s Attorneys may better anticipate plea offers or diversion opportunities.

That’s why it’s vital to choose someone who practices locally and regularly in criminal defense, not a generalist who “handles everything.”


FAQ

Do I need a lawyer if I plan to plead guilty?

Yes. Even if you intend to plead, a lawyer can negotiate reduced charges or better sentencing options — and ensure your rights are preserved.

What’s the difference between a public defender and a private attorney?

Public defenders are excellent but often overloaded with cases. A private attorney can usually devote more time and strategy to your specific defense.

Can I switch lawyers after I’ve hired one?

Yes, but you may need the court’s permission depending on case status. Always review your retainer agreement before changing counsel.

Can I meet with a lawyer before being charged?

Absolutely. If you think you’re under investigation or have been contacted by police, contact a lawyer immediately — before speaking with anyone.

How much does a criminal defense lawyer cost in Virginia?

Fees vary by charge type and court level. Most attorneys offer flat-rate pricing with flexible payment options for misdemeanors and felonies.


The Right Defense Lawyer Can Change Everything

When your freedom, reputation, or record is at stake, experience matters.
Choose an attorney who listens, explains, and fights — not one who rushes you to sign paperwork or take a deal.

Cardon Law defends clients throughout Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Hampton Roads against criminal charges — from DUIs and assaults to larceny, drug offenses, and more.
We believe in personal representation, honest communication, and relentless advocacy.

📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283


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