Category Archives: Criminal Defense

Summary Wearing a mask or costume is usually lawful in Virginia, but Virginia Code § 18.2-422 can make some identity-concealing mask use a Class 6 felony. If you are over 16, the statute generally applies when you wear a mask, hood, or other device that hides a substantial portion of your face with the intent […]

Yes. Police and prosecutors in Virginia may use social media posts, messages, photographs, videos, comments, and other online activity as evidence in a criminal case when the material is relevant and satisfies applicable evidentiary rules. A post does not automatically become admissible simply because it appears on Facebook, Instagram, TikTok, Snapchat, X, or another platform. […]

Summary Yes. Text messages can be used as evidence in a Virginia criminal case. A message is not automatically admissible because it appears on a phone, in a screenshot, or in a police extraction. Courts may consider whether the message is relevant, whether it has been authenticated, whether hearsay rules apply, and whether the form […]

When a witness changes their story in a Virginia criminal case, the change can affect credibility, cross-examination, and the way both sides evaluate the evidence. A changed account does not automatically end the prosecution, prove that the witness lied, or establish that the newer version is true. The court may hear about both versions, the […]

Body camera footage can affect your Virginia criminal defense case when it shows facts that differ from a police report, clarifies what was said during a stop or arrest, or records details about a search, questioning, field sobriety testing, or witness interaction. The footage can also support the prosecution. Its value depends on what the […]

Police in Virginia generally cannot search the digital contents of your cell phone simply because you were arrested. Officers may seize and secure a phone during a lawful arrest, but Riley v. California generally requires police to obtain a search warrant before reviewing digital information stored on the device. Exceptions can apply, including valid consent, […]

Your first criminal defense consultation in Virginia is a focused conversation about the charge or investigation, the evidence that may exist, upcoming court dates or deadlines, and the concerns that matter most to you. A lawyer will usually ask about police contact, the paperwork you received, witnesses, digital evidence, prior history, and personal issues that […]

Your first meeting with a criminal defense lawyer in Virginia is usually a focused conversation about the charge, the facts, the available evidence, upcoming court dates, and your immediate priorities. You should bring your court paperwork, a private timeline, relevant messages or recordings, witness information, and a list of questions. The lawyer may ask about […]

Yes. Some Virginia criminal convictions can be sealed from public view under record-sealing laws that took effect on July 1, 2026. Whether your conviction qualifies depends on the exact offense, offense date, final disposition, later criminal history, sentencing history, and whether the record fits an automatic or petition-based sealing process. Virginia Code § 19.2-392.12 creates […]