Hiring a Criminal Defense Lawyer in Virginia
How criminal defense lawyers in Virginia charge, your right to a court-appointed lawyer, how bail works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Virginia: fee rules
| Rules on contingency fees | Under Virginia Rule of Professional Conduct 1.5(c), a fee may be contingent on the outcome unless paragraph (d) or other law prohibits it; a contingent fee agreement must be in writing and describe how the fee is calculated, and at the end the lawyer must give the client a written statement of the outcome and any remittance. Rule 1.5(d) bars contingent fees in domestic relations matters except in rare instances, and for defending a criminal case. Rule 1.5(b) requires the fee to be adequately explained, and for new clients the amount, basis or rate should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Virginia State Bar's Fee Dispute Resolution Program is a voluntary program to help attorneys and clients resolve disputes over fees and costs for legal services by a Virginia lawyer. Both sides must agree; mediation is non-binding, and binding arbitration (enforceable by the circuit court) is available if mediation fails. It cannot hear disputes already decided by a court, or pending in court unless both parties agree in writing and the case is nonsuited or stayed. The petitioner pays a one-time, nonrefundable $20 administrative fee. Start with the online Request for Agreement to Participate form or the fee dispute hotline at (804) 775-9423, then send the Agreement to Participate and the $20 check to the assigned Circuit Committee Chair. |
| If a lawyer takes your money | The Virginia State Bar's Clients' Protection Fund may reimburse a documented financial loss caused by a Virginia lawyer's dishonest conduct (not negligence or malpractice) arising from a lawyer-client or fiduciary relationship. The lawyer must be disbarred, suspended, transferred to another membership class during a disciplinary proceeding, resigned, deceased, adjudicated incompetent, discharged in bankruptcy, or unlocatable. Awards are discretionary and the Fund is a last resort. File within seven years from when you knew or should have known of the loss, using the English-language petition for reimbursement, by mail or email; questions (804) 775-0572. |
Virginia rules to know first
| Getting a court-appointed lawyer | A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission. Source: Va. Code § 19.2-159 |
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| Bail and release before trial | A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified. Source: Va. Code § 19.2-120 |
| Felony classes and sentences | Virginia grades felonies as Classes 1 through 6. Class 1: imprisonment for life and a fine of not more than $100,000 (for a person 18 or older at the time of the offense who is sentenced to life, no parole, good conduct or earned sentence credits, or conditional release). Class 2: imprisonment for life or for any term not less than 20 years, and a fine of not more than $100,000. Class 3: 5 to 20 years, and a fine of not more than $100,000. Class 4: 2 to 10 years, and a fine of not more than $100,000. Class 5: 1 to 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Class 6: 1 to 5 years, or in the discretion of the jury or the court, confinement in jail for not more than 12 months and/or a fine of not more than $2,500. For most felonies the court may or must add a suspended term of six months to three years conditioned on probation. Source: Va. Code § 18.2-10 |
Find and check a lawyer
| Lawyer referral service | The Virginia State Bar's Virginia Lawyer Referral Service (VLRS) refers callers to practicing VSB members who have joined its panel. Call (800) 552-7977 (statewide and nationwide toll-free) or (804) 775-0808 (metro Richmond), Monday-Friday, 9am-5pm. A $35.00 non-refundable referral fee, collected by VLRS when you are referred, entitles you to a consultation of up to 30 minutes (by phone or in person) with a VLRS lawyer; neither side is obligated to continue beyond it. The fee is waived for criminal record sealing referrals from July 1, 2026 through June 30, 2027. In Northern Virginia, local bar programs (Fairfax, Alexandria, Prince William) may also help. |
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| Check discipline history or file a complaint | Complaints that a Virginia lawyer violated the Rules of Professional Conduct go to the Virginia State Bar's Intake Office. File in writing only: by the online form, by emailing the downloadable complaint form, or by letter to Intake Office, 1111 East Main, Suite 700, Richmond, VA 23219-0026. Include your full name, mailing address, email and phone, the lawyer's full name and address (complaints against firms are not accepted), a brief but complete description of the facts, and your signature; send copies only, no more than 25 pages. If the complaint does not describe misconduct you are notified in writing; if it does, it goes to the Office of Bar Counsel and a staff attorney contacts you. Complaints are confidential except, for example, when public discipline results. Main line: (804) 775-0500. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Virginians is provided by regional legal aid societies. The Legal Services Corporation (LSC) lists six Virginia grantees: Blue Ridge Legal Services, Central Virginia Legal Aid Society, Legal Aid Society of Eastern Virginia, Legal Services of Northern Virginia, Southwest Virginia Legal Aid Society, and Virginia Legal Aid Society. |
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All legal help in Virginia · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.