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Practice Area

Criminal Defense in Fredericksburg, Virginia

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A criminal charge puts your record, your license, your job, and sometimes your liberty on the line. Pelt Law, PLC defends people charged with misdemeanors and felonies in the Virginia state courts serving Fredericksburg, Stafford County, Spotsylvania County, and Caroline County. Attorney Jason M. Pelt, a former U.S. Marine Corps Judge Advocate, handles both retained cases and court appointments when assigned by the court.

Matters the Firm Handles

• Assault and battery, including domestic-related charges
• Larceny and theft-related offenses
• Drug offenses, from possession to more serious charges
• Protective-order hearings and related matters
• Probation violations
• Other misdemeanor and felony charges in Virginia state courts

How a Criminal Case Moves Through Virginia's Courts

Most criminal cases in Virginia begin in General District Court (or, for juveniles and many domestic matters, in Juvenile and Domestic Relations District Court). Misdemeanors are generally tried in the district court, with a right to appeal to Circuit Court for a completely new trial, and that right survives even if the conviction followed a guilty plea.

A person arrested on a felony charge has a right to a preliminary hearing in the district court, where a judge decides whether there is reasonable ground to believe the offense was committed. That right can be waived in writing (Virginia Code § 19.2-218), and it does not arise in every felony case, because the Commonwealth can seek an indictment directly from a grand jury against someone who was never arrested. If the case is certified, it proceeds to Circuit Court, where under § 19.2-217 a defendant cannot be put on trial for a felony unless a grand jury first returns an indictment or presentment, or the defendant waives that in writing, signed before the court or the judge. A dismissal at the preliminary hearing does not always end the matter, because the Commonwealth may still seek a direct indictment afterward.

If you lose in General District Court, the deadline to appeal is short. Virginia Code § 16.1-132 gives you ten calendar days from the conviction, counted from the day after, and the appeal has to be noted in writing with the district court clerk. Telling the judge you intend to appeal does not accomplish it. No appeal bond is required in a criminal or traffic case (§ 16.1-135). On appeal the case is heard fresh in Circuit Court under § 16.1-136, with the right to a jury in most cases, though not on an appeal from an order revoking a suspended sentence or forfeiting a recognizance. Because the appeal wipes out the district court judgment entirely, the Circuit Court is not bound by the sentence imposed below, which can cut either way. Ten days passes quickly, so talk to a lawyer immediately rather than after the fact. If the ten days has already run, do not assume nothing can be done: under § 16.1-133.1 a district court case may still be reopened within sixty days of the conviction for good cause shown.

Each stage has its own deadlines, opportunities, and risks. Evidence questions, witness issues, and negotiation with the Commonwealth's Attorney often matter long before a trial date arrives, which is why involving a defense lawyer early can make a practical difference in how a case is positioned.

If You Have Been Arrested or Charged

You have the right to remain silent and the right to counsel. Use both. Speak with a lawyer before you speak with anyone else about your case, because what you say early on can affect everything that follows. One important exception is worth knowing if the stop involves alcohol: under Virginia's implied consent law, unreasonably refusing a breath or blood test after a DUI arrest is a separate violation carrying its own license suspension, and the refusal itself can be used as evidence, so "refuse everything" is not sound advice at a DUI stop. Contacting Pelt Law, PLC does not create an attorney-client relationship until a written agreement is signed, but a conversation costs you nothing: consultations on criminal matters are free.

Local Courts, Local Practice

Mr. Pelt has lived and worked in the Fredericksburg and Stafford County community since 2000. Pelt Law, PLC is a solo law practice serving Fredericksburg, Stafford County, Spotsylvania County, and Caroline County, appearing in the General District Courts across the region, in the Juvenile and Domestic Relations District Courts on family and juvenile matters, and in Circuit Court on criminal matters. A solo practice means the attorney you meet at the consultation is the attorney who stands with you in the courtroom.

Fees

Criminal defense consultations are free and by appointment. Representation is handled on a flat-rate fee basis, quoted directly with you before any representation begins. Payment is accepted by cash, check, and all major credit cards.