On June 18, 2026, the U.S. Supreme Court issued a unanimous decision in United States v. Hemani, ruling that the federal government cannot automatically remove someone’s Second Amendment rights based solely on their admitted use of marijuana.

For Virginians, this decision is especially important. While Virginia allows possession of small amounts of marijuana under state law, marijuana remains illegal under federal law — creating a complicated legal gap for individuals who also own or possess firearms.

Below, we break down what happened in the case, what the Supreme Court decided, and what this ruling could mean for gun owners throughout Hampton Roads, Williamsburg, and across the Commonwealth.

What Happened in United States v. Hemani?

The case began in 2022 after federal agents searched the Texas home of Ali Danial Hemani during an unrelated investigation.

During the search, agents discovered a handgun, marijuana, and a small amount of cocaine. Hemani admitted that he used marijuana approximately every other day, but there was no evidence that he was under the influence when the firearm was found or that he had ever used the firearm in a dangerous manner.

Based on that admission, federal prosecutors charged Hemani under 18 U.S.C. § 922(g)(3) — a federal law that prohibits an “unlawful user” of a controlled substance from possessing a firearm.

Hemani challenged the charge, arguing that applying the law in his situation violated his Second Amendment rights. The trial court agreed and dismissed the indictment. The Fifth Circuit Court of Appeals later upheld that decision, leading the government to ask the Supreme Court to review the case.

The Supreme Court’s Decision

The Supreme Court ruled that the government went too far by automatically applying the firearm ban based only on marijuana use.

The Court relied on the historical-tradition test established in New York State Rifle & Pistol Association v. Bruen and further discussed in United States v. Rahimi, finding that historical firearm restrictions did not support permanently disarming someone simply because they used marijuana.

The Court determined that marijuana use alone does not automatically prove that someone is dangerous or that they should lose their constitutional right to possess a firearm.

However, the ruling was narrow.

The Supreme Court did not eliminate the federal firearm statute entirely. The law can still apply when there is evidence of intoxication, impairment, or dangerous conduct involving firearm possession.

Why This Matters for Virginia Gun Owners

Virginia’s marijuana laws and federal firearm laws have created confusion for years.

Although Virginia has reduced penalties surrounding personal marijuana possession, marijuana remains classified as a controlled substance under federal law.

Before this decision, an admission of regular marijuana use could potentially expose someone to serious federal firearm charges under § 922(g)(3).

Following United States v. Hemani, prosecutors may need more than a simple admission of marijuana use. They may need evidence connecting the drug use to actual impairment, dangerous behavior, or unlawful firearm possession circumstances.

For individuals facing federal firearm investigations, this ruling may provide additional arguments when challenging charges, negotiating resolutions, or seeking dismissal of certain cases.

What This Decision Does Not Change

While this ruling is significant, several important limitations remain.

The decision is fact-specific.

The Court’s ruling was based on the specific facts of Hemani’s case, including the lack of evidence that he was impaired or using the firearm dangerously.

Virginia firearm laws remain unchanged.

The decision addressed federal law only. It does not change Virginia firearm regulations or state-level restrictions.

Other firearm restrictions still apply.

The ruling does not impact other firearm prohibitions, including restrictions related to felony convictions, domestic violence protective orders, or other disqualifying circumstances.

Frequently Asked Questions

Does this mean marijuana users can now legally own guns?

Not automatically.

The Supreme Court did not remove the federal firearm restriction entirely. Instead, the ruling limits how the government can apply the law when marijuana use alone is the only factor.

Each case will depend on its specific facts.

Can someone still face federal charges for possessing a firearm while using marijuana in Virginia?

Yes.

The federal statute remains in place. What changed is that prosecutors may need additional evidence beyond simply proving marijuana use.

Does this affect Virginia concealed handgun permits?

No.

The decision focused on federal prosecution and does not directly change Virginia’s concealed handgun permitting process.

What should someone do if they are investigated for firearm and drug-related charges?

Before answering questions or consenting to searches, individuals should speak with an experienced criminal defense attorney.

Statements about drug use, firearm possession, or other circumstances can become important evidence in federal investigations.

Contact a Virginia Criminal Defense Attorney

If you are facing questions involving firearms, federal drug charges, or possible Second Amendment issues, our legal team can help explain your options and evaluate how this decision may apply to your situation.

Contact our office today to discuss your specific situation and learn about your legal options.

This article is intended for informational purposes only and does not constitute legal advice for any specific case.

The post Supreme Court Strikes Down Federal Gun Ban for Marijuana Users appeared first on Attorneys of Goff Voltin.

A protective order is a civil court order that restricts contact between two people, and in Virginia it can also carry serious criminal consequences if it’s violated. Whether you’ve been served with a petition, you’re considering filing one, or you simply want to understand how the process works in Williamsburg, James City County, or elsewhere in Hampton Roads, this guide walks through the law as it currently stands under the Code of Virginia.

What Is A Protective Order in Virginia?

A protective order is a court order designed to protect a person’s health and safety by restricting another person’s contact, proximity, or conduct toward them. Virginia recognizes two separate tracks, and which one applies depends entirely on the relationship between the parties.

Family Abuse Protective Orders

Family abuse protective orders are filed in the Juvenile and Domestic Relations (J&DR) District Court and apply when the parties are family or household members — spouses, former spouses, parents, children, in-laws living together, or people who share a child in common, among others. These are governed by Va. Code §§ 16.1-253.1 and 16.1-279.1.

Non-Family Protective Orders

Non-family (general) protective orders are filed in General District Court and apply to situations involving violence, force, or threats between people who are not family or household members — for example, neighbors, acquaintances, coworkers, or stalking and sexual assault cases. These fall under Va. Code §§ 19.2-152.8 through 19.2-152.10.

Both tracks follow the same basic three-stage structure, just in different courts.

The Three Stages of a Protective Order

Virginia protective orders generally proceed through three stages.

Emergency Protective Order (EPO)

An EPO is the fastest, shortest-term order available. A judge or magistrate can issue one ex parte (without the other party present) based on a sworn statement from a law-enforcement officer or the alleged victim that an act of violence, force, or threat occurred — or, in family abuse cases, that there’s probable danger of further abuse. EPOs can be issued day or night, in person or by phone, and are typically tied to an arrest.

An EPO expires at 11:59 p.m. on the third day after it’s issued (extended to the next day court is in session if the third day falls on a weekend or holiday).

Preliminary Protective Order (PPO)

If the protected person wants longer-term protection, they file a petition for a PPO. Like an EPO, a PPO can be issued ex parte if the petition is supported by an affidavit or sworn testimony, and the court must find good cause — meaning immediate danger or probable cause that violence, force, or a threat recently occurred.

A PPO is effective once it’s personally served on the respondent and remains in place until a full hearing, which must generally be scheduled within 15 days. If the respondent can’t be served in time, the court can extend the PPO to allow more time for service.

Full (Permanent) Protective Order

At the full hearing, both sides get to present evidence and testimony. The petitioner must prove the allegation by a preponderance of the evidence — a lower bar than the “beyond a reasonable doubt” standard used in criminal cases, but it still requires real proof, not just an accusation.

If the court grants the order, it generally lasts up to two years. In family abuse cases, the order can be extended to four years if the respondent has been subject to a prior protective order within the preceding ten years. Separately, if a protective order is entered following a criminal conviction for an act of violence, the court can extend it for as long as the defendant’s lifetime if it deems that necessary for the victim’s safety. Either party can also file a motion at any time to extend, modify, or dissolve the order before it expires.

What Can a Protective Order Require?

Virginia courts have broad discretion in fashioning conditions, and a protective order can include any combination of:

• No-contact provisions barring the respondent from contacting or coming near the petitioner or other protected family members.
• Exclusive possession of a shared residence, regardless of whose name is on the lease or deed.
• Temporary possession of a vehicle.
• Temporary custody or visitation arrangements for minor children.
• Required participation in counseling, substance abuse treatment, or other programs.
• Possession of a companion animal, if the petitioner qualifies as the animal’s owner.
• Suitable alternative housing arrangements, including utility deposits, in some family abuse cases.
• Any other relief the court finds necessary to protect the petitioner’s health and safety.

Firearms and Protective Orders

This is one of the most consequential — and most frequently misunderstood — parts of Virginia protective order law.

Once a final protective order is issued under § 16.1-279.1 or § 19.2-152.10, the respondent must, within 24 hours of being served, surrender any firearms to a designated law-enforcement agency or sell/transfer them to a licensed dealer or another person not otherwise prohibited from possessing firearms.

Within 48 hours, the respondent must file written certification with the court confirming the firearms were surrendered, sold, or transferred — or that none were possessed in the first place.

Separately, Virginia law prohibits a person subject to certain protective orders from purchasing or transporting a firearm while the order is in effect; violating that prohibition is a Class 1 misdemeanor and results in forfeiture of the firearm. Failing to certify firearm compliance is itself punishable.

If you own firearms and are served with even a preliminary order, the compliance clock starts immediately — this is not something to figure out later.

Criminal Penalties for Violating a Protective Order

Violating any condition of an EPO, PPO, or final protective order is, at a minimum, a Class 1 misdemeanor under Va. Code § 18.2-60.4, punishable by up to 12 months in jail and a $2,500 fine.

Second Violations

A second violation within five years — where either the current or prior violation involved an act or threat of violence — carries a mandatory minimum of 60 days in jail.

Violations Involving Weapons

Violating an order while knowingly armed with a firearm or other deadly weapon is a Class 6 felony.

Assault, Battery, or Stalking

Committing assault and battery that causes bodily injury to a protected party, or stalking a protected party, while subject to an order is also a Class 6 felony.

Unlawful Entry

Furtively entering or remaining in a protected party’s home in violation of an order carries enhanced felony exposure as well.

A criminal conviction for violating a protective order does not bar a separate civil contempt finding for the same conduct only in narrow circumstances — generally, a criminal conviction will bar contempt for the identical act, but the conduct can still trigger new or extended civil orders.

Defending Against a Protective Order Petition

Because a protective order can affect custody, firearm rights, housing, immigration status, professional licensing, and reputation — and because a violation can become a criminal charge — being served with a petition is not something to handle alone, even though the underlying proceeding is civil.

Common defense considerations include:

• Challenging whether the legal definition of “family or household member” is met.
• Disputing whether the alleged conduct meets the statutory threshold of “violence, force, or threat” (or “family abuse”).
• Presenting evidence and witnesses at the full hearing rather than letting an ex parte order go unchallenged.
• Addressing overbroad conditions, such as exclusive possession of a jointly owned home or restrictive custody terms.

If you’ve been served with a protective order petition or accused of violating an existing order anywhere in Williamsburg, James City County, Newport News, Hampton, or the broader Hampton Roads area, the conditions imposed at the preliminary stage often shape the rest of the case — getting an attorney involved before the full hearing matters.

Where to File a Protective Order in Virginia

A protective order petition can be filed where either party has their principal residence, where the act of violence, force, or threat occurred, or where an existing protective order is already in effect for the same protected person.

For Hampton Roads and Williamsburg-area residents, that typically means filing in the Juvenile and Domestic Relations or General District Court for the city or county where you live, where your family member lives, or where the incident took place — James City County, Williamsburg, York County, and the surrounding jurisdictions each have their own intake procedures.

Frequently Asked Questions

How Long Does a Virginia Protective Order Last?

An emergency protective order lasts three days. A preliminary protective order generally lasts until the full hearing, typically within 15 days. A final protective order can last up to two years (four years in some repeat family abuse cases, or up to the respondent’s lifetime following certain criminal convictions).

Can a Protective Order Affect Child Custody?

Yes. Courts can include temporary custody and visitation provisions directly in a protective order, and a protective order can also influence custody decisions in a separate family law proceeding.

Do I Have to Pay to File for a Protective Order?

No. Virginia law specifies that no fees are charged for filing or serving petitions for emergency or preliminary protective orders.

What Happens If The Order is Violated?

At minimum, it’s a Class 1 misdemeanor. Penalties increase significantly — up to felony charges — depending on whether a weapon was involved, whether the violation caused injury, or whether it’s a repeat offense.

Can I Get a Protective Order Against Someone I’m Not Related To or Living With?

Yes, through the non-family abuse process in General District Court under Va. Code § 19.2-152.8 through 19.2-152.10, which covers acts of violence, force, or threats regardless of the relationship between the parties.

Practical Legal Guidance

Protective order proceedings — whether you are seeking protection or have been served with a petition — carry serious and lasting consequences. A protective order can affect where you live, your relationship with your children, your firearm rights, and your future opportunities. Understanding how Virginia protective orders work, the requirements for obtaining one, and the penalties for violating one is essential for protecting your rights and interests.

Need Help With a Protective Order Matter?

If you’ve been served with a protective order petition or accused of violating an existing order anywhere in Williamsburg, James City County, Newport News, Hampton, or the broader Hampton Roads area, it is important to seek legal guidance as early as possible.

At Goff Voltin, PLLC, we represent clients throughout Hampton Roads and carefully evaluate every aspect of protective order cases, including allegations of family abuse, procedural requirements, firearm restrictions, custody implications, and potential criminal consequences.

Contact our office today to discuss your specific situation and learn about your legal options.

The post Virginia Protective Orders Explained appeared first on Attorneys of Goff Voltin.

This statute imposes strict deadlines on the Commonwealth to bring criminal cases to trial. If those deadlines are missed and no statutory exception applies, the court must dismiss the charge and permanently bar further prosecution for that offense.

Understanding Virginia’s Statutory Speedy Trial Law

Virginia’s speedy trial statute establishes specific deadlines that govern how long the Commonwealth may take to bring a criminal case to trial after probable cause has been found or an indictment has been returned.

Unlike the constitutional speedy trial right, which requires courts to balance multiple factors, Virginia’s statute creates bright-line deadlines that can result in mandatory dismissal when violated.

Therefore, understanding when the clock begins, how time is calculated, and what events pause the clock is critical for anyone facing criminal charges in Virginia.

When Does the Speedy Trial Clock Start?

Once a Virginia district court finds probable cause that an adult committed a felony offense, the statutory speedy trial clock begins running.

However, the precise start date depends on how the case reaches circuit court.

If a preliminary hearing is held and probable cause is found, the clock generally starts on that date.

If no preliminary hearing occurs because it was waived or never held, the clock begins on the date of indictment or presentment.

Additionally, if an indictment is returned before the accused is arrested, the clock begins on the date the indictment or related process is actually served or executed rather than the date the indictment itself was issued.

The same speedy trial framework also applies to misdemeanor and traffic infraction appeals to circuit court for trial de novo.

Virginia’s Speedy Trial Deadlines

The applicable deadline depends upon whether the defendant remains in custody or has been released pending trial.

Defendants Held in Custody

If the accused remains continuously incarcerated after the finding of probable cause, trial must commence within five months.

Defendants Released on Bond

If the accused is released on recognizance or bond pending trial, the Commonwealth generally has nine months to commence trial.

Because these deadlines are strictly enforced, tracking the applicable date is often one of the most important aspects of defending a criminal case.

What Counts as Commencing Trial?

Virginia law specifically defines when a trial is considered to have commenced.

The trial begins when jeopardy attaches or when the defendant tenders a guilty plea or no-contest plea.

Importantly, routine pretrial proceedings do not qualify as commencement of trial.

For example:

• Continuance hearings do not start the trial.
• Motions hearings do not start the trial.
• Other pretrial proceedings generally do not stop the clock by themselves.

As a result, attorneys must carefully distinguish between procedural court appearances and events that legally constitute the beginning of trial.

What Counts as an Arrest?

The statute also defines what constitutes an arrest for speedy trial purposes.

An indictment, warrant, information, or presentment must actually be served or executed upon the accused. Likewise, service of a summons or capias associated with those charges may satisfy the requirement.

Merely lodging a detainer against an individual does not start the statutory clock.

Therefore, determining when service occurred can become an important issue in calculating speedy trial deadlines.

When Does the Speedy Trial Clock Stop?

Although Virginia’s speedy trial law imposes strict deadlines, the statute also identifies specific periods of delay that are excluded from the calculation.

These periods effectively pause or toll the running of the clock.

Competency and Sanity Evaluations

Time spent conducting competency evaluations, insanity evaluations, restoration efforts, hospitalization, or related observation periods does not count against the Commonwealth.

Missing Commonwealth Witnesses

The statute excludes delay resulting from Commonwealth witnesses who are unavailable due to sickness, accident, or circumstances where they have been enticed or kept away.

Severance of Co-Defendants

When a co-defendant successfully seeks a separate trial, resulting delays may be excluded from the speedy trial calculation.

Defense-Requested or Defense-Agreed Continuances

One of the most important exceptions involves delays attributable to the defense.

The statute excludes periods resulting from:

• Continuances requested by the defendant.
• Continuances agreed to by the defendant.
• Continuances requested by the Commonwealth when the defendant fails to make a timely objection.
• Delays caused by escape from custody.
• Delays caused by failure to appear.

Because this exception arises frequently, defense attorneys must carefully evaluate any continuance request and ensure objections are clearly preserved when appropriate.

Other Statutorily Authorized Continuances

Certain continuances authorized under other provisions of Virginia law may also toll the speedy trial period.

Hung Juries

If a jury cannot reach a verdict, the resulting delay before retrial does not count against the statutory deadline.

Natural Disasters, Civil Disorder, and Acts of God

Virginia law also excludes delays caused by extraordinary circumstances such as natural disasters, civil disorder, or other acts of God.

Time Spent on Appeal

Any period during which a case is pending before an appellate court is excluded from the speedy trial calculation.

Superseding Indictments and the Speedy Trial Clock

A recent May 2026 circuit court decision, McCalla, addressed an issue that frequently arises in criminal cases.

Specifically, the court considered whether the Commonwealth can restart the speedy trial clock by obtaining a new indictment based on the same underlying conduct.

The court concluded that when a superseding indictment arises from the same conduct, transaction, incident, events, or set of facts as the original charge, the offenses are treated as the same offense for purposes of Virginia Code § 19.2-243.

As a result, the speedy trial clock continues running from the original probable cause determination rather than restarting with the new indictment.

In McCalla, this meant the defendant was entitled to discharge because trial had not commenced within the applicable five-month period despite the filing of a more serious superseding charge.

Therefore, prosecutors generally cannot avoid speedy trial deadlines simply by re-indicting a defendant on related charges arising from the same incident.

Why Virginia’s Statutory Right Is Different from the Constitutional Right

Many people are familiar with the federal constitutional speedy trial right discussed in Barker v. Wingo.

Under that framework, courts evaluate:

• The length of the delay.
• The reason for the delay.
• Whether the defendant asserted the right.
• Whether the defendant suffered prejudice.

Because this analysis is highly fact-specific, constitutional speedy trial claims can be difficult to establish.

Virginia’s statute is different.

Instead of requiring a balancing test, Virginia imposes fixed deadlines. If trial does not commence within the statutory period and no valid exception applies, dismissal is mandatory.

Furthermore, defendants do not need to prove prejudice to obtain relief under the statute.

Consequently, Virginia Code § 19.2-243 often serves as a far more predictable and powerful defense tool than a constitutional speedy trial argument.

Why These Deadlines Matter

Whether you are in custody awaiting trial or released on bond, speedy trial calculations can significantly affect the outcome of your case.

A seemingly routine continuance may alter the deadline depending on who requested it and whether objections were properly preserved.

Likewise, determining the correct probable cause date, indictment date, arrest date, and excluded periods often requires careful analysis of the court record.

Therefore, maintaining accurate records of all hearings, continuances, and procedural developments is essential when evaluating a potential speedy trial issue.

Practical Legal Guidance

Virginia Code § 19.2-243 provides one of the strongest statutory speedy trial protections available to criminal defendants. Once the statutory clock begins running, the Commonwealth must bring the case to trial within strict deadlines unless one of the recognized exceptions applies. Because continuances, procedural delays, and other events can significantly affect the calculation, understanding how the statute operates is critical. In many cases, careful tracking of these deadlines can determine whether prosecution may continue at all.

Concerned About a Speedy Trial Issue in Virginia?

If you believe your case has been pending longer than Virginia law allows, or if you simply want to understand how the speedy trial statute applies to your situation, it is important to review the timeline carefully.

At Goff Voltin, PLLC, we evaluate every aspect of a criminal case, including probable cause determinations, indictments, continuances, and statutory speedy trial issues. We represent clients throughout Hampton Roads and work to identify every available defense under Virginia law.

Contact our office today for a confidential consultation.

The post Understanding Virginia’s Statutory Speedy Trial Right Under Va. Code § 19.2-243 appeared first on Attorneys of Goff Voltin.

Understanding Virginia Marijuana Possession Laws in 2026

Virginia marijuana laws allow adults to possess limited amounts of cannabis for personal use. However, legalization does not mean all marijuana-related activities are legal. In fact, Virginia continues to prohibit certain conduct, including unauthorized distribution, impaired driving, and possession above statutory limits.

Therefore, anyone who possesses or uses marijuana in Virginia should understand the state’s current laws and restrictions.

Is Marijuana Legal in Virginia?

Yes, marijuana possession is legal in Virginia for adults who are at least 21 years old. However, the law only permits possession within specific limits. Additionally, Virginia has not yet established a fully operational recreational retail market, which means legal possession does not necessarily translate into legal retail purchases.

In other words, adults may legally possess small amounts of marijuana, but significant restrictions remain in place.

How Much Marijuana Can You Legally Possess in Virginia?

Under current Virginia law, adults age 21 and older may possess up to one ounce of marijuana for personal use.

Because possession within this limit is lawful, adults who remain within the statutory threshold generally do not face criminal penalties for simple possession.

However, penalties increase when a person possesses more than the amount permitted by law.

Virginia Marijuana Possession Penalties

Virginia uses a tiered system that increases penalties based on the quantity possessed.

Up to 1 ounce

Adults age 21 and older may legally possess up to one ounce of marijuana for personal use.

More than 1 ounce (but not more than 4 ounces)

Individuals who possess more than one ounce but not more than four ounces of marijuana in public may face a civil penalty of up to $25.

Although this violation is not generally treated as a criminal offense, it can still result in legal consequences.

More than 4 ounces (but not more than 1 pound)

Possession of more than four ounces but not more than one pound may result in a Class 3 misdemeanor for a first offense.

Furthermore, repeat offenses may expose an individual to additional penalties and more serious consequences.

More than 1 pound

Possession of more than one pound of marijuana remains a felony offense under Virginia law.

Consequently, a conviction may lead to substantial fines, imprisonment, and a permanent criminal record.

Marijuana Laws for Individuals Under 21

Virginia law continues to prohibit marijuana possession and consumption by individuals under the age of 21, except in limited circumstances authorized by law.

As a result, minors who violate marijuana laws may face court involvement, educational requirements, treatment programs, or other penalties.

Therefore, legalization for adults does not extend to underage individuals.

Can You Grow Marijuana at Home in Virginia?

Yes. Virginia allows adults to cultivate marijuana at home for personal use.

Specifically, adults may grow up to four marijuana plants per household, provided they comply with all statutory requirements.

Additionally, home growers must keep marijuana plants out of public view and follow all applicable state regulations.

Failure to comply with cultivation requirements may result in penalties, even if the plants are intended solely for personal use.

Is Recreational Marijuana Sold in Virginia Stores?

However, this is where many Virginians become confused.

Although possession of limited amounts of marijuana is legal, Virginia still does not have a fully operational recreational retail marijuana market. As a result, adults may legally possess marijuana while having limited lawful options to purchase it through a regulated retail system.

Moreover, legislative efforts to establish recreational sales have experienced repeated delays and political obstacles.

Therefore, residents should not assume that legal possession automatically means legal retail availability.

Important Restrictions Under Virginia Cannabis Law

Even though Virginia permits limited possession, several important restrictions remain in place.

For example:

• Individuals under 21 may not legally possess marijuana.
• Possession above legal limits may result in civil or criminal penalties.
• Driving while impaired by marijuana remains illegal.
• Unauthorized distribution or sale of marijuana remains a criminal offense.
• Additional marijuana-related conduct may still violate Virginia law.

Because of these restrictions, legalization should not be viewed as complete deregulation.

Marijuana DUI Laws in Virginia

Many people mistakenly believe that legal possession also permits marijuana use before driving. However, Virginia law strictly prohibits driving while impaired by marijuana.

Law enforcement officers may investigate suspected impairment through observations, field sobriety testing, and other evidence.

Consequently, a marijuana-related DUI conviction can result in serious penalties, including fines, license suspension, mandatory programs, and possible incarceration.

Why Possession Charges Still Matter

Although Virginia has significantly reduced penalties for simple possession, marijuana charges can still have lasting consequences.

For instance, larger quantities may trigger misdemeanor or felony prosecution. Likewise, allegations involving distribution, intent to distribute, or impaired driving can expose an individual to substantial criminal penalties.

Therefore, anyone facing marijuana-related charges should take the matter seriously and seek legal guidance as soon as possible.

Practical Legal Guidance

Virginia’s marijuana laws represent a significant shift from the state’s previous approach to cannabis. Today, adults 21 and older may legally possess up to one ounce of marijuana and cultivate a limited number of plants for personal use. However, possession limits still matter, and penalties can increase quickly when a person exceeds those limits. Additionally, Virginia has not yet established a fully operational recreational retail market, which continues to create confusion for many residents. Therefore, anyone who chooses to possess or use marijuana should understand both the rights and restrictions established under current Virginia law. By staying informed, Virginians can avoid unnecessary legal issues and make better decisions regarding marijuana possession and use.

Facing a Marijuana Charge in Virginia? We Can Help.

Even with partial legalization, marijuana laws in Virginia remain complex. Furthermore, prosecutors continue to pursue cases involving larger quantities, alleged distribution, and impaired driving offenses.

At Goff Voltin, PLLC, we represent clients throughout Hampton Roads, including Virginia Beach, Hampton, and Newport News. We carefully evaluate every aspect of a marijuana case, including searches, seizures, possession allegations, and constitutional issues, to build the strongest defense possible.

Contact our office today for a confidential consultation.

The post Virginia Marijuana Possession Laws 2026: Limits, Penalties, and Legal Rights appeared first on Attorneys of Goff Voltin.

What Is the Virginia Preliminary Breath Test?

A preliminary breath test is a portable, roadside breath-screening device used by law enforcement to estimate a driver’s blood alcohol content (BAC) at the scene of a traffic stop. It is distinct from the evidentiary breath test administered later at a police station on a calibrated Intoxilyzer machine.

The PBT is not designed to produce the precise, scientifically reliable result required for a criminal conviction. Rather, its sole purpose under Virginia law is to provide officers with probable cause to make an arrest.

The Governing Statute: Virginia Code § 18.2-267

The preliminary breath test in Virginia is governed by Virginia Code § 18.2-267, titled Preliminary breath test of person suspected of violations involving alcohol.

The statute provides that any person who is suspected of a DUI offense under § 18.2-266 (driving while intoxicated), § 18.2-266.1 (persons under age 21 driving after consuming alcohol), or a local ordinance substantially similar to those provisions, may be requested by a law enforcement officer to submit to a preliminary breath test.

Key Provisions of the PBT (§ 18.2-267)

Reasonable Suspicion Requirement

The officer must have reasonable grounds to suspect a violation. A request for a PBT is not lawful unless the officer has a reasonable, articulable basis to believe the driver has consumed alcohol.

Approved Device Requirement

The test must be conducted with an approved device. The PBT device used must be one approved by the Superintendent of State Police.

Refusal Has No Criminal Penalty (for most drivers)

Refusal carries no civil or criminal penalty for most drivers. Unlike the evidentiary breath test, refusal to submit to a preliminary breath test is not a separate offense and does not result in automatic license suspension for standard Virginia operators.

Results Not Admissible in Court

Under § 18.2-267(D), the results of the preliminary breath test are not admissible as evidence of guilt in any prosecution for DUI offenses. The statute limits its use strictly to establishing probable cause for arrest.

Why the PBT Matters — But Cannot Convict You

The exclusion of the PBT result from evidence at trial is a critical protection for the accused. Because the device is not subject to the same calibration, certification, and chain-of-custody requirements as evidentiary breath tests, it is not considered reliable enough for proving guilt in court.

However, the Virginia preliminary breath test still plays an important role in DUI investigations. If a driver submits to the test and registers a reading of 0.08 or higher, it can provide probable cause for arrest and lead to further evidentiary testing.

Once arrested, the driver becomes subject to Virginia’s implied consent law under § 18.2-268.2, which carries serious consequences for refusal.

The Implied Consent Law and the Virginia Preliminary Breath Test

It is important to distinguish the preliminary breath test from the post-arrest evidentiary test governed by Virginia’s implied consent statute.

Under § 18.2-268.2, any person operating a motor vehicle in Virginia is deemed to have consented to a breath or blood test after a lawful DUI arrest. Refusing this test can result in:

• One-year license suspension for a first refusal
• Three-year suspension for repeat refusal
• Admission of refusal as evidence of guilt

The Virginia preliminary breath test is separate from this law and does not trigger implied consent penalties.

Can a PBT Arrest Be Challenged?

Yes. Because the PBT cannot be used as evidence of guilt, a defense attorney may challenge whether the officer had sufficient independent probable cause to justify the arrest.

Courts evaluate the totality of circumstances, including:

• Officer observations (odor of alcohol, slurred speech, driving behavior)
• Field sobriety test performance
• Whether proper procedures were followed
• Whether the PBT was improperly relied upon as the primary basis for arrest

If probable cause is weak, it may be possible to suppress key evidence obtained after arrest.

Special Rules for Commercial and Underage Drivers

Commercial drivers are held to a stricter standard, with a BAC limit of 0.04 under federal and state regulations. The Virginia preliminary breath test is often used as an initial screening tool in these cases.

Drivers under 21 are subject to Virginia’s zero-tolerance law (§ 18.2-266.1), which prohibits driving after consuming any alcohol. A BAC as low as 0.02 may result in charges, and the PBT is frequently used in these investigations.

Practical Advice During a Traffic Stop

This information is for general educational purposes and is not legal advice. However, key principles include:

• You have the right to remain silent under the Fifth Amendment
• You are not required to answer questions about alcohol consumption
• You may generally refuse the roadside Virginia preliminary breath test without penalty
• You may still be arrested based on officer observations
• Post-arrest breath or blood tests carry serious legal consequences if refused
• Contact a criminal defense attorney as soon as possible after arrest

Facing a DUI Charge in Virginia? We Can Help.

A DUI charge in Virginia carries serious consequences, including fines, license suspension, mandatory programs, ignition interlock requirements, and potential jail time. Every detail matters — from the initial stop to the testing procedure.

At Goff Voltin, PLLC, we represent clients throughout Hampton Roads, including Newport News, Hampton, and Virginia Beach. We carefully examine every stage of the Virginia preliminary breath test process, field sobriety tests, and evidentiary testing to build a strong defense strategy.

Contact our office today for a confidential consultation.

The post Virginia DUI Stops: Understanding the Preliminary Breath Test (PBT) and Your Rights appeared first on Attorneys of Goff Voltin.

Step 1: Stay Calm and Know Your Rights

First and foremost, when police approach you, remember:

• You have the right to remain silent.

• You have the right to an attorney.

• You don’t have to consent to a search without a warrant.

In these situations, staying calm and respectful is crucial. This approach helps you avoid unnecessary complications.

Step 2: Don’t Resist Arrest

Even if the arrest feels unfair, it’s important not to resist. Resisting — whether physically or verbally — can lead to additional charges. Instead, cooperate calmly, say as little as possible, and clearly request an attorney.

Step 3: Call a Criminal Defense Attorney Immediately

Once you’re in custody, time becomes critical. Contacting a criminal defense attorney right away can make all the difference. At Goff Voltin, we act quickly. For instance, we:

• Respond promptly and explain your legal options

• Protect your rights during police questioning

• Help reduce or eliminate your bail

• Begin building your defense from day one

Step 4: Learn About the Charges Against You

After your attorney is involved, the next step is understanding the charges. Knowing what you’re facing helps reduce fear and confusion. We take time to explain the legal terms, your options, and the likely next steps — so you always know what to expect.

Step 5: Let Us Take It From Here

Once you’ve contacted us, you don’t need to navigate this alone. Our attorneys will manage the details and advocate for your best outcome. Meanwhile, we’ll keep you informed at every stage of the case.

Call Goff Voltin, PLLC Today

If you or someone you know has been arrested in Newport News, Hampton, or Virginia Beach, don’t delay. Contact Goff Voltin, PLLC today. Together, we’ll move forward with confidence — and a clear legal plan.

The post What to Do If You’re Arrested in Virginia: A Step-by-Step Legal Guide appeared first on Attorneys of Goff Voltin.

DUI charges are a very serious matter, and with such an important charge, you need an outstanding DUI lawyer to help you. To be more specific, it’s important to find a lawyer who has experience handling DUI cases in your state. Plus, a lawyer who knows a lot about you and is not afraid to take initiative can certainly help your case. There are many things to take into consideration when looking for and choosing your lawyer.

Visit Our Website Today!

To conclude, it is okay to be picky when selecting a lawyer. Researching lawyers before you make your final choice is important. Making sure you and your lawyer are compatible is vital to the outcome of your case. As DUI can affect employment, privileges, and even owning a home, never driving under the influence is the best solution.

To learn more, contact Goff Voltin today!

The post What To Look For In A DUI Lawyer appeared first on Attorneys of Goff Voltin.

The Answer Is…It Depends

While this is a common question, the answer is not always simple. Criminal defense attorney fees are based on several factors. These include experience, size of the law firm where they practice, and the state in which they practice.

An attorney is likely to make more at a large firm than a small one. Attorneys who practice law in big cities typically make more than those who live in rural areas.

Attorney salaries can vary widely from state to state as well. For example, criminal defense attorneys in New York usually make more than those in Virginia. This is due to the cost of living. The number of hours lawyers are required to work in their respective state can play a role too.

Salary Ranges for Criminal Defense Attorneys

A general rule of thumb is that the majority of criminal defense attorneys make a salary of between $40,000 and $200,000. Of course new criminal defense attorneys’ starting salaries are at the low end of the range while attorneys with more experience can expect to earn salaries at the high end. A criminal defense attorney can also earn bonuses and other forms of pay.

How to Become a Criminal Defense Attorney

The road to becoming a criminal defense attorney consists of multiple steps. The first step is to get a bachelor’s degree. The next step is to obtain a law degree from an accredited law program. You need to pass the bar exam in the state where you intend to practice. The final step is to get a job with an existing firm or start your own law practice.

Your law school career placement office may have job leads. It’s also important to network with other attorneys and search for jobs online. Last but not least, focus on developing your reputation as a reputable criminal defense attorney. You can achieve this by winning any cases you take on.

Pros and Cons of Being a Criminal Defense Attorney

There are advantages and disadvantages of being a criminal defense attorney. On the plus side, you get to represent people who have been wrongly accused or are facing an unfair punishment. On the flip side, the work can be very demanding and you might not actually believe you are having an impact.

Some attorneys get attached to their clients and lose sight of the big picture. While criminal defense attorneys tend to see the worst of people, they also have the rewarding experience of their clients’ acquittals. As a career choice criminal law is both challenging and rewarding.

Final Words

For those interested in criminal law, “How Much Do Criminal Defense Attorneys Make?” is a common question. The bottom line is that criminal defense attorneys earn a good salary. While the work is rather challenging, many criminal attorneys make a comfortable living. One needs to be emotionally resilient to succeed in this profession. In order to represent their clients effectively, criminal defense attorneys need to improvise and make quick decisions. Most of all, attorneys need to form positive connections with their clients to foster trust.

The post How Much Do Criminal Defense Attorneys Really Make appeared first on Attorneys of Goff Voltin.

Do you have a reckless driving charge? Don’t wait – get the best legal representation available. Do research to find qualified reckless driving attorneys. Below are things to keep in mind when selecting an attorney:

• their track record with reckless driving cases
• thorough understanding of your state’s legal code
• negotiating skills
• availability to represent you

What is Reckless Driving?

Reckless driving is a criminal offense. Fines and jail time are examples of reckless driving penalties. Reckless driving means driving in a way that is careless and/or puts others in danger. Examples include weaving in and out of traffic, speeding and tailgating. If you operated a motor vehicle while under the influence of drugs or alcohol, you could be charged with reckless driving.

Types of Reckless Driving

There are several kinds of reckless driving. Not all result in criminal charges and they vary in their severity. Driving recklessly means operating a vehicle in a way that is careless or dangerous to people or property.

Drag racing is one form of reckless driving. Drag racing is defined as multiple drivers using a road or track to outrace each other side-by-side. It is quite dangerous and often results in accidents.

Another form of reckless driving is street racing. When participants use public roads to outrace each other, they are street racing. Street racing is also quite dangerous and leads to accidents.

Speeding is another form of reckless driving. This occurs when a driver goes faster than the posted speed limit. As with other forms of reckless driving, speeding can be quite dangerous and cause accidents.

Penalties For Reckless Driving

Reckless driving is a serious offense in all states although the penalties vary. Penalties may include jail time, points on the driver’s license, and/or fines.

How to Choose a Reckless Driving Attorney

Before choosing an attorney to represent you, look into their track record. Do they have sufficient experience with reckless driving cases? How successful were they? Ask the attorney about their experience in the court where your case will be heard.

Look into the attorney’s reputation by asking people you know. The Internet is a helpful source of client reviews on any attorney you may be considering.

The last step is to meet with an attorney. You want to feel comfortable with your choice. Get a sense as to whether they can help you or not. You also want to feel confident they will represent you well in court.

Final Words

In conclusion, reckless driving attorneys help drivers who’ve been charged with reckless driving. With sufficient experience and knowledge of state law, an attorney can work to get charges reduced or even dropped. If you were accused of reckless driving, contact a reckless driving attorney right away.

The post Reckless Driving Attorneys appeared first on Attorneys of Goff Voltin.