Criminal Defense Lawyer in Fairfax County, Virginia — What Are Your Rights?
Virginia Criminal Law in Fairfax County
Virginia criminal law is defined by statutes in Title 18.2 of the Virginia Code. These laws classify offenses as misdemeanors or felonies, with penalties set by the General Assembly. In Fairfax County, the Commonwealth’s Attorney prosecutes these charges at the local General District and Circuit Courts.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia criminal statutes, visit the Virginia General Assembly website (Va. Code Title 18.2). For Fairfax County court information, including forms and procedures, see the Fairfax County General District Court website.
Fairfax County Court Process
Fairfax County General District Court handles all misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and all appeals from the General District Court. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- After arrest, a magistrate sets bond. Many first-offense misdemeanors qualify for personal recognizance release.
- Your first court date is an arraignment at Fairfax County General District Court (4110 Chain Bridge Road).
- For misdemeanors, a trial is typically scheduled 4-8 weeks after arraignment.
- For felonies, a preliminary hearing is held in General District Court within 21-60 days to determine if there is probable cause to send the case to Circuit Court.
- If the case proceeds to Fairfax County Circuit Court, a felony jury trial may be scheduled 3-9 months later.
- You can petition for expungement of charges that resulted in acquittal, dismissal, or nolle prosequi under Va. Code § 19.2-392.2.
Penalties for Criminal Charges in Fairfax County
In Fairfax County, a Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine; a Class 5 felony carries 1-10 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault & Battery (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Protective order possible |
| Petit Larceny (under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record |
| Grand Larceny ($1,000+) | Felony (Class 5 or 6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Up to $2,500 | None | Felony record |
| Driving on Suspended (Va. Code § 46.2-301) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Additional suspension | Mandatory minimum jail for subsequent offenses |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Fairfax County
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys combine over 120 years of legal experience. We have achieved 4,739+ firm-wide case results with a 93%+ favorable outcome rate. Our Fairfax County criminal defense team includes a former Virginia State Trooper and a former Maryland prosecutor, providing unique insight into law enforcement procedures and prosecution strategies.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes—a 97% favorable outcome rate for this locality.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Defense Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts on Chain Bridge Road. We are a criminal defense lawyer near Fairfax County Government Center and serve the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Phone: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030). 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
Can criminal charges be expunged in Fairfax County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fairfax County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate).
How does bail work in Fairfax County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fairfax County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fairfax County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Fairfax County, Virginia?
Criminal charges in Fairfax County are prosecuted by the Commonwealth’s Attorney and heard at Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 501 documented results: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable (97% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Fairfax County?
Fairfax County General District Court handles misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) is the GDC location.
Related Legal Services
For more information, see our Virginia criminal defense lawyer hub page. We also serve neighboring areas including Fairfax City, Falls Church, and Prince William County. In Fairfax County, we also handle DUI defense and reckless driving cases. Learn more about attorney Kristen Fisher.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.