Being arrested can be one of the most stressful experiences of your life. One of the first questions many people ask is, “Can the police really arrest me for this?” The answer depends on whether law enforcement had probable cause to make the arrest.

Understanding probable cause is important because it is one of the constitutional protections that prevents people from being arrested based on mere suspicion or a hunch.

What is Probable Cause?

Probable cause exists when the facts and circumstances known to a police officer would lead a reasonable person to believe that a crime has been committed and that the person being arrested committed it.

Probable cause is required by the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Virginia Constitution. It protects citizens from unreasonable searches and seizures.

Importantly, probable cause is not the same as proof beyond a reasonable doubt. The Commonwealth does not need enough evidence to convict someone before making an arrest. Instead, officers need enough reliable information to reasonably believe that a crime occurred.

Probable Cause Is More Than a Hunch

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On July 1, 2026, Virginia will implement some of the most significant changes to its firearm laws in decades. Whether you own firearms for self-defense, hunting, sport shooting, or collecting, it is important to understand how these new laws may affect your rights and responsibilities.

The General Assembly passed a broad package of firearm legislation during the 2026 legislative session, much of which was signed into law by Governor Abigail Spanberger. While supporters argue these measures will reduce gun violence, opponents contend they raise serious constitutional concerns and are likely to face legal challenges.

Here’s an overview of the most significant changes.

Future Sale of Certain Semi-Automatic Firearms

Perhaps the most widely discussed change is Virginia’s new restrictions on the future sale and transfer of certain semi-automatic firearms, commonly referred to as “assault firearms.”

Beginning July 1, 2026:

• The future manufacture, sale, importation, and transfer of certain semi-automatic firearms is prohibited.
• Existing owners who lawfully possessed these firearms before July 1, 2026, are generally permitted to keep them.
• Certain transfers to immediate family members remain permissible under the law.

This law does not require current owners to surrender firearms they already legally possess, but it significantly limits future commercial sales.

The post Virginia’s New Firearm Laws (2026): What Gun Owners Need to Know appeared first on Attorneys of Goff Voltin.

What You Need to Know About Va. Code § 18.2-51.6

A strangulation charge in Virginia is not a minor matter. What may begin as a domestic dispute — or even an unintended physical confrontation — can quickly become a violent felony charge carrying years in prison, a permanent record, and consequences that ripple through every corner of your life. If you or someone you know has been charged under Va. Code § 18.2-51.6, understanding the law, the medical realities, and your legal options is the critical first step.

The Virginia Strangulation Statute: Va. Code § 18.2-51.6

What The Law Says

Virginia’s strangulation statute, Va. Code § 18.2-51.6, was enacted to address a specific and dangerous form of violence that often arises in domestic situations. The statute contains two related offenses:

Subsection A — Strangulation

The law states: Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.

Subsection B — Suffocation

The law states: Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.

The key distinction: strangulation involves applying pressure to the neck, while suffocation involves blocking or obstructing the airway by other means, such as covering the mouth or nose. Both offenses are treated equally under the law and carry identical penalties.

The Five Elements the Commonwealth Must Prove

To secure a conviction under Va. Code § 18.2-51.6, the Commonwealth must prove each of the following elements beyond a reasonable doubt:

• 1. Intent: The accused acted knowingly and intentionally.
• 2. Application of pressure: The accused applied pressure to the victim’s neck (or obstructed their airway).
• 3. Lack of consent: The pressure was applied without the victim’s consent.
• 4. Impediment: The pressure impeded blood circulation or respiration.
• 5. Resulting injury: The act resulted in a wounding or bodily injury to the victim.

Critically, the injury does not need to be significant or permanent. Virginia courts have upheld convictions based on symptoms as subtle as dizziness, difficulty swallowing, or a brief loss of consciousness. Proof of even minor bodily harm can satisfy this element.

Penalties for a Virginia Strangulation Conviction

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Understanding Virginia Code § 18.2-57.2 and Arrest Procedures

Domestic violence offenses are treated seriously in Virginia law. One of the primary statutes governing these cases is Virginia Code § 18.2-57.2, which defines and criminalizes assault and battery against a family or household member.

Under this law, the Commonwealth treats domestic-related assaults differently from general assault because of the relationship between the parties involved and the increased risk of ongoing harm.

What Virginia Code § 18.2-57.2 Says

Under Virginia Code § 18.2-57.2, the law provides:

• Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
• A Class 1 misdemeanor in Virginia is the most serious misdemeanor level offense.
• A third qualifying conviction within 20 years (along with other qualifying prior offenses) can elevate the charge to a Class 6 felony.
• Upon issuance of a warrant, courts are generally required to issue an emergency protective order to protect the alleged victim in most cases.

This statute is specifically designed to address violence occurring within defined domestic relationships.

Definition of “Family or Household Member” in Virginia

The term “family or household member” is not limited to people currently living together. Instead, Virginia law adopts a broad definition found in Virginia Code § 16.1-228, which is incorporated into § 18.2-57.2.

A “family or household member” generally includes:

1. Blood and Legal Family Relationships

• Spouses and former spouses
• Parents, children, stepparents, and stepchildren
• Siblings, half-siblings
• Grandparents and grandchildren

2. In-Laws (with residency conditions)

• Mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law
• Typically included if they live in the same household

3. Cohabitation or Shared Household Relationships

• Individuals who currently live together or have lived together within the past 12 months
• Includes roommates and former romantic partners in recent cohabitation

4. Shared Children

• People who share a child together, regardless of marriage or cohabitation history

This broad definition means many relationships—familial, romantic, or household-based—can fall under the domestic assault statute.

What Counts as “Assault and Battery”

In Virginia, assault and battery includes:

• Assault: An act intended to cause fear of harmful or offensive contact
• Battery: Actual unwanted physical contact or touching in a harmful or offensive manner

Even minor physical contact or threatening behavior can qualify depending on the circumstances.

Penalties Under § 18.2-57.2

First or Second Offense

• Classified as a Class 1 misdemeanor
• Punishable by:
  • Up to 12 months in jail
  • Up to $2,500 fine
  • Possible probation, counseling, and protective orders

Repeat or Enhanced Offenses

• A third qualifying conviction within 20 years (with certain prior violent or domestic offenses) can elevate the charge to a Class 6 felony, carrying:
  • 1 to 5 years in prison, or
  • Up to 12 months in jail and/or fines in limited circumstances

Law Enforcement Arrest Policy in Domestic Assault Cases

Virginia law enforcement follows a pro-arrest policy framework in domestic violence situations. While policies can vary slightly by jurisdiction, the general principles are consistent statewide:

1. Mandatory Arrest in Certain Situations

Officers are often required or strongly directed to arrest when they find:

• Probable cause that an assault occurred
• Physical evidence of injury
• Reliable witness statements supporting an assault
• Violation of an existing protective order

2. Primary Physical Aggressor Determination

When both parties claim harm, officers attempt to determine:

• Who was the primary aggressor
• The history of abuse or prior incidents
• The severity and nature of injuries
• Whether one party acted in self-defense

Only one arrest is typically made unless both parties independently meet arrest criteria.

3. No Requirement for Victim Cooperation

A key feature of Virginia domestic violence enforcement is that:

• Victim refusal to press charges does not automatically prevent arrest
• The Commonwealth can proceed based on officer evidence alone

4. Protective Orders and Immediate Court Action

After arrest or warrant issuance:

• Magistrates commonly issue Emergency Protective Orders (EPOs) immediately
• These orders can restrict contact, require separation, and remove firearms access temporarily

Why Domestic Assault Is Treated Differently

Virginia treats domestic assault separately from general assault because:

• Family violence often involves repeated patterns of behavior
• Victims may be reluctant to pursue charges
• The law aims to prevent escalation and protect household members quickly

This results in more aggressive enforcement and quicker court intervention than non-domestic assault cases.

Key Takeaways

• Virginia Code § 18.2-57.2 makes domestic assault and battery a Class 1 misdemeanor
• A “family or household member” includes relatives, cohabitants, former partners, and co-parents under § 16.1-228
• A third qualifying offense within 20 years can become a felony (Class 6)
• Law enforcement often follows a pro-arrest policy and may arrest based on probable cause without victim cooperation
• Emergency protective orders are commonly issued immediately after arrest or warrant issuance.

Contact Our Firm

If you or someone you know has been charged with Assault and Battery of a Family or Household Member in the Hampton Roads or Williamsburg area, do not wait to get legal help. The decisions made in the first hours and days after an arrest can significantly affect the outcome of your case.

Our firm handles Assault and Battery of a Family or Household Member defense throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, Newport News, Hampton, York County, James City County, and Williamsburg.

Contact us today for a consultation. We are here to protect your rights and your future.

The post Virginia Domestic Assault Laws: Understanding Va. Code § 18.2-57.2 appeared first on Attorneys of Goff Voltin.

If a Virginia law enforcement officer pulls you over on suspicion of drunk driving and asks you to step out of the car to perform field sobriety tests, you are facing one of the most consequential decisions of the traffic stop. Most drivers instinctively comply, believing cooperation will help them. While the law requires you to exit the vehicle during a traffic stop, you do not need to comply with a request to perform field sobriety tests.  In reality, performing the field sobriety tests will end up with you doing the officer’s job for him — and setting yourself up for a DUI conviction.

Here is what you need to know about field sobriety tests (FSTs) in Virginia before you ever find yourself in that situation.

What Is a DUI Under Virginia Law?

Virginia Code § 18.2-266 makes it unlawful for any person to operate a motor vehicle while:

• Under the influence of alcohol;
• Under the influence of any narcotic drug or other self-administered intoxicant to a degree that impairs the person’s ability to drive safely;
• Under the combined influence of alcohol and drugs; or
• With a blood alcohol concentration (BAC) of 0.08% or more.

The statute also establishes BAC thresholds for commercial drivers (0.04%) and persons under 21 (0.02%). A conviction under § 18.2-266 is a Class 1 misdemeanor for a first offense, carrying potential jail time, fines, a license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).

The critical phrase in the statute is under the influence — and this is exactly where field sobriety tests come into play. When officers lack a clear BAC reading, they use FSTs to build probable cause for an arrest and to gather evidence to establish impairment in court.

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises performed roadside at the officer’s request. The three tests standardized by the National Highway Traffic Safety Administration (NHTSA) are:

1. Horizontal Gaze Nystagmus (HGN) — The officer moves an object (a pen, finger, or light) horizontally in front of your eyes and watches for involuntary jerking movements of the eyeball. Alcohol can cause nystagmus, but so can fatigue, medications, and certain medical conditions.

2. Walk-and-Turn (WAT) — You are asked to walk nine steps heel-to-toe along a line, turn in a prescribed manner, and return. Officers observe for loss of balance, stepping off the line, improper turns, and miscounting steps.

3. One-Leg Stand (OLS) — You are asked to stand on one leg with the other raised approximately six inches off the ground for 30 seconds while counting aloud. Officers look for swaying, use of arms for balance, hopping, and putting the foot down.

Officers may also use non-standardized tests such as reciting the alphabet, counting backward, or the Rhomberg balance test — none of which have the same level of scientific validation as the NHTSA-approved tests.

Are Field Sobriety Tests Mandatory in Virginia?

No. Unlike the implied consent law that governs chemical testing (breathalyzer or blood draw after a lawful arrest), there is no Virginia statute that requires you to perform field sobriety tests. Virginia’s implied consent law, found at § 18.2-268.2, applies to post-arrest chemical tests — not to pre-arrest roadside exercises.

You have the right to politely decline field sobriety tests, and your refusal cannot be used as evidence against you in the same way that refusing a post-arrest breath test can.

Why You Should Think Twice Before Performing Field Sobriety Tests

1. The Tests Are Designed to Document Failure

Field sobriety tests are not pass/fail tests with a clear, objective score. They are structured observation tools designed to give officers a documented basis for an arrest. The officer is not looking for everything you do correctly — he is trained to note every perceived clue of impairment, whether it is a slight sway, looking down at your feet, or starting a step before the instruction is complete.

Even completely sober individuals frequently fail or perform poorly on FSTs. Research has shown that the tests produce false positives at significant rates, and sober subjects fail them more often than most people would expect.

2. Divided Attention Is the Point — Not a Fair Assessment

The WAT and OLS tests are specifically designed as “divided attention” tests. They require you to simultaneously follow instructions, maintain physical balance, and count or track numbers — all while standing on the side of a road at night, in potentially poor lighting, on an uneven surface, in front of a police cruiser with flashing lights, and under the stress of a law enforcement encounter.

The conditions under which you take the test are almost never the same conditions under which the tests were validated.

3. Medical Conditions and Medications Can Cause You to “Fail”

Inner ear disorders, prior knee, hip, or back injuries, neurological conditions, fatigue, certain over-the-counter medications, and even wearing dress shoes or heels can cause clues that officers interpret as signs of impairment. If you have any such condition, performing the tests may only hurt you.

4. Everything Is Being Recorded

In most Virginia jurisdictions, officers are equipped with dashcam and body camera systems. Every step you take — and every stumble, every pause, and every question you ask — is preserved on video and will be played for a judge or jury. Once those observations are on camera, they are very difficult to explain away.

5. The Tests Are Not the Only Factor — But They Become the Central Evidence

Officers frequently arrest on a combination of factors: odor of alcohol, bloodshot eyes, driving behavior, and FST performance. However, in many DUI prosecutions where the BAC result is close to or just above the legal limit, the FST evidence becomes critical to the Commonwealth’s case on the question of impairment. Why hand the prosecution its most compelling evidence?

What Should You Do During a DUI Stop in Virginia?

If you are pulled over and suspect that you may be investigated for DUI, here is practical guidance:

• Be polite and respectful. Rudeness will not help you and may be noted.
• Provide your license, registration, and insurance. These are legally required.
• Exercise your right to remain silent beyond providing identifying information. You are not required to answer questions like “How much have you had to drink tonight?” or “Where are you coming from?”
• Decline field sobriety tests politely. You can say something like: “Officer, I appreciate your time, but I’m not going to perform field sobriety tests.” You do not need to argue or explain further.
• Do not physically resist. If the officer places you under arrest, comply physically and invoke your right to counsel immediately.
• Understand the implied consent law. If you are lawfully arrested for DUI in Virginia, refusing the post-arrest breath or blood test carries its own consequences, including a separate civil charge and license suspension. That is a different decision — and one you should discuss with an attorney as quickly as possible.

What Happens After a DUI Arrest in Virginia?

A DUI charge under § 18.2-266 triggers a legal process that can have long-lasting consequences — criminal penalties, license suspension, increased insurance rates, and a permanent record. Virginia has enhanced penalties for higher BAC levels, prior offenses, and DUIs involving minors in the vehicle.

The good news is that a DUI charge is not the same as a conviction. An experienced Virginia DUI defense attorney can evaluate whether the stop was lawful, whether the officer was properly trained and followed NHTSA protocols in administering the FSTs, whether the testing conditions were appropriate, and whether the BAC evidence was properly obtained and preserved.

Contact Our Firm

If you or someone you know has been charged with DUI in the Hampton Roads or Williamsburg area, do not wait to get legal help. The decisions made in the first hours and days after an arrest can significantly affect the outcome of your case.

Our firm handles DUI defense throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, Newport News, Hampton, York County, James City County, and Williamsburg.

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

This post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures can change. If you have been charged with a criminal offense in Virginia, please consult with a qualified Virginia criminal defense attorney about the specific facts of your case.

The post Should You Perform Field Sobriety Tests in Virginia? appeared first on Attorneys of Goff Voltin.

If you’ve been charged with reckless driving in Virginia, you may be surprised to learn that it is not simply a traffic ticket. Under Virginia Code § 46.2-852, reckless driving is a criminal offense that can result in serious penalties and a permanent criminal record.

Many drivers assume they can simply pay a fine and move on. However, a reckless driving conviction can impact your driving privileges, insurance rates, employment opportunities, professional licenses, and future background checks.

This guide explains what Virginia’s general reckless driving statute means, how courts evaluate these charges, the penalties you may face, and why having an experienced criminal defense attorney on your side matters.

What Does Virginia Code § 46.2-852 Say?

Virginia’s general reckless driving statute states:

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

Although the statute is short, it is broad.

The phrase “irrespective of the maximum speeds permitted by law” is especially important because it means you can be charged with reckless driving even if you were not speeding.

The issue is not only how fast you were driving — it is whether your overall driving behavior created a danger to another person, vehicle, or property.

§ 46.2-852 Is Virginia’s “Catch-All” Reckless Driving Law

Virginia has multiple reckless driving offenses covering specific conduct, such as passing improperly, failing to signal, or reckless speeding.

Virginia Code § 46.2-852 serves as the broader catch-all reckless driving statute. It allows law enforcement to bring a charge when they believe a driver’s actions were dangerous, even if the conduct does not fit into another specific reckless driving category.

Common examples include:

• Aggressive lane changes or weaving through traffic
• Following another vehicle too closely at high speeds
• Losing control of a vehicle
• Running a red light or stop sign at dangerous speeds
• Causing an accident where the officer believes driving behavior was reckless
• Driving in a dangerous manner based on weather, traffic, or road conditions

Two drivers traveling at the same speed may be treated differently depending on the circumstances.

For example, driving 65 mph on a clear interstate is very different from driving 65 mph in heavy rain, fog, or near a school zone. Virginia’s reckless driving law considers the entire situation.

How Is § 46.2-852 Different From Reckless Driving by Speed?

Many people associate reckless driving only with excessive speed. However, Virginia has a separate law for reckless driving by speed under § 46.2-862.

Under that statute, a driver can automatically face reckless driving charges for:

• Driving 20 mph or more over the posted speed limit
• Driving over 85 mph regardless of the speed limit

Section § 46.2-852 works differently.

There is no specific speed requirement. Instead, the focus is on whether the driver’s actions were dangerous.

This difference matters because speed-based cases often involve evidence such as:

• Radar or LIDAR readings
• Speed calibration records
• GPS data

A § 46.2-852 charge often depends more on:

• Officer observations
• Witness statements
• Road conditions
• Traffic conditions
• The overall circumstances surrounding the incident

Reckless Driving Penalties in Virginia

Reckless driving under § 46.2-852 is a Class 1 misdemeanor, which is the highest level of misdemeanor under Virginia law.

Potential consequences include:

• Up to 12 months in jail
• Up to a $2,500 fine plus court costs
• Driver’s license suspension for up to 6 months
• Six DMV demerit points
• A permanent criminal record
• Increased insurance costs
• Professional or employment consequences

For many people, the biggest surprise is that reckless driving is a criminal charge — not simply a moving violation.

Reckless Driving and CDL Holders

Commercial drivers face additional risks.

A reckless driving conviction can affect a CDL holder’s ability to operate a commercial vehicle and may have serious career consequences.

Unlike some other drivers, CDL holders may face stricter restrictions and fewer options after a suspension.

For professional drivers, protecting their license can be just as important as defending the underlying charge.

How Virginia Courts Evaluate Reckless Driving Cases

Because § 46.2-852 is broad, courts consider the total circumstances surrounding the incident.

Factors that may influence a case include:

• Officer testimony
• Traffic conditions
• Weather and road conditions
• Visibility
• Presence of pedestrians or other vehicles
• Whether an accident occurred
• Driving history
• The specific behavior that led to the charge

Similar reckless driving cases can have different outcomes depending on the court, evidence presented, and how the facts are explained.

Possible Defenses to a Virginia Reckless Driving Charge

A reckless driving charge does not automatically mean a conviction.

Possible defense strategies may include:

Challenging Officer Observations

Because many § 46.2-852 cases rely heavily on officer observations, questions about distance, visibility, timing, and accuracy may become important.

Challenging Whether Driving Was Actually Dangerous

The Commonwealth must prove that the driving endangered life, limb, or property.

Simply making a mistake or being involved in an accident does not automatically establish reckless driving.

Presenting Mitigating Factors

Factors such as:

• A clean driving record
• Driver improvement courses
• Good character references
• Corrective actions

may help influence the outcome.

Negotiating a Reduction

In some cases, an attorney may negotiate a reduction to improper driving, which is a traffic infraction rather than a criminal offense.

Reckless Driving in Hampton Roads and Williamsburg

If you have been charged with reckless driving in Williamsburg, James City County, York County, or throughout Hampton Roads, local court experience matters.

General District Courts handle reckless driving cases, but each court and jurisdiction may approach these cases differently.

Roadways such as:

• Interstate 64
• Route 60
• Colonial Parkway

see frequent traffic enforcement activity in the region.

Whether your charge involves excessive speed, an accident, or alleged dangerous driving behavior, the legal consequences can be significant.

Frequently Asked Questions About Reckless Driving in Virginia

Can I be charged with reckless driving if I wasn’t speeding?

Yes. Under § 46.2-852, reckless driving is based on the manner of driving and whether it created danger — not only speed.

Is reckless driving a felony in Virginia?

Generally, no. Reckless driving under § 46.2-852 is usually a Class 1 misdemeanor. However, certain circumstances, such as causing a death, may result in felony charges.

Will reckless driving appear on a background check?

Yes. Because reckless driving is a criminal misdemeanor, it can appear on a Virginia criminal record.

Should I just pay the reckless driving ticket?

No. Paying the charge may result in a criminal conviction, points on your driving record, and long-term consequences. It is important to understand your options before entering a plea.

What is the difference between reckless driving and improper driving?

Improper driving is a traffic infraction, not a criminal offense. In some cases, a reckless driving charge may be reduced depending on the facts and circumstances.

Contact a Virginia Criminal Defense Attorney

A reckless driving charge under Virginia Code § 46.2-852 should be taken seriously.

If you have been charged in Williamsburg, James City County, York County, or the Hampton Roads area, our office can help you understand your options and develop a defense strategy.

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 Reckless Driving in Virginia: What You Need to Know About Your Charge appeared first on Attorneys of Goff Voltin.

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.

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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.

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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.

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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.

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