Fairfax Criminal Lawyer
Aggressive Defense When It Matters Most
Charged with a crime in Fairfax? Our Fairfax criminal lawyers bring more than 50 years of combined defense experience, including work as a Virginia prosecutor and a Fairfax County public defender, to protect your freedom, record, and future.
Early Guidance From a Fairfax Criminal Lawyer
Criminal charges in Fairfax, Virginia, carry serious consequences that can affect your freedom, employment, housing, and future. If you face arrest or investigation for a crime in Fairfax County, whether for assault, drug offenses, gun charges, domestic violence, sex crimes, theft, or other felonies and misdemeanors, you need to understand your rights and the legal process ahead.
Many people facing charges don’t realize that hiring a skilled attorney before trial can mean the difference between conviction and dismissal. It can also mean the difference between prison time and probation, or between a permanent criminal record and an expunged offense.
If you’ve been arrested or charged, you need a Fairfax criminal lawyer who understands how the Fairfax County courts work and how to protect your options early. Even people who consider themselves law-abiding can face charges if something happens on their property or if they’re accused of helping someone else (as an “accomplice” or “accessory”).
Virginia’s court system is distinct: cases typically start in General District Court (GDC); with more serious matters proceeding to Circuit Court; and trials often involve separate stages for determining guilt and sentencing. Our guide to the Fairfax court system explains how each court fits together.
The outcome of your case depends on how well your defense challenges the evidence, questions police procedures, and exposes weaknesses in the prosecution’s case. At Scrofano Law PC, attorneys Gretchen Taylor Pousson and Matthew Kensky defend clients in Fairfax County and throughout Northern Virginia, bringing more than 50 years of combined experience and aggressive defense strategies grounded in a deep understanding of Virginia law and local court procedures.
Below, we explain the charges we handle, how Virginia classifies criminal penalties, and what to expect in Fairfax County courts, with links to detailed guides for each type of case.
Criminal Charges Our Fairfax Criminal Lawyers Handle
Our Fairfax defense team handles misdemeanor and felony cases in every Fairfax County court. Select a charge below to learn how we defend it.
DUI and Traffic Offenses
A DUI or reckless driving charge in Virginia is a criminal case, not a traffic ticket. We defend drivers facing:
- Fairfax DUI charges, from the traffic stop through trial
- First-time DUI charges in Fairfax, where early action can protect your license and record
- Felony DUI charges involving prior convictions or serious injury
- DUI drug charges in Fairfax, including prescription medication cases
- Marijuana DUI charges, where impairment is harder for the prosecution to prove
- Reckless driving charges in Fairfax County, including reckless driving by speed
Drug Crimes
From simple possession to distribution allegations, drug charges in Fairfax can bring jail time and a lasting criminal record. We challenge searches, seizures, and lab results to protect your rights. Learn more about our approach to drug crime defense in Fairfax.
Violent Crimes, Homicide, and Domestic Violence
Allegations involving violence move quickly and often come with protective orders or strict bond conditions. We defend clients facing assault and violent crime charges in Fairfax, domestic violence allegations in Fairfax, and murder and homicide charges in Fairfax County Circuit Court.
Theft and Property Crimes
Theft charges range from shoplifting to grand larceny, and a conviction can follow you into every job application. Our guide to theft charges in Fairfax explains how these cases are charged and the defenses that may apply.
Juvenile and Underage Offenses
When a young person is charged in Fairfax, the case usually starts in the Juvenile and Domestic Relations District Court. We represent families in Fairfax juvenile offense cases and underage DUI charges.
We also handle sex crime allegations in Fairfax, white-collar offenses, and other felony prosecutions in Fairfax County Circuit Court.
How Scrofano Law PC Helps You
When you work with Scrofano Law PC, we help you in the following ways:
- Build a strong defense strategy: We review the facts of your case, examine the evidence against you, and identify weaknesses in the prosecution’s arguments to challenge the charges you face.
- Protect your rights: We ensure law enforcement follows proper procedures during arrest, questioning, and evidence collection. If rights were violated, we file motions to suppress illegal evidence.
- Navigate court procedures: Criminal cases involve strict rules, deadlines, and court filings. We handle all procedural steps so you understand what happens and when.
- Negotiate with prosecutors: We work with the prosecution to explore options for reduced charges, dismissals, or favorable plea agreements when that serves your best interests.
- Prepare for trial: If your case goes to trial, we develop a thorough trial strategy, cross-examine witnesses, and present a strong defense to the judge or jury.
- Explain your options: We discuss every possible path forward, from negotiation to trial, so you make informed decisions about your defense with a complete understanding of likely outcomes.
- Represent you in court: We appear on your behalf at all hearings, arraignments, and trial proceedings to advocate for your rights and protect your freedom.
- Challenge evidence: We examine police reports, witness statements, lab results, and other evidence to find inaccuracies, inconsistencies, or procedural errors that weaken the case against you.
- Keep you informed: We maintain open communication and ensure you know the status of your case at every stage.
Misdemeanor and Felony Penalties in Virginia
Virginia sorts most crimes into classes. The class sets the maximum penalty a court can impose, while the facts of your case and your prior record shape the actual outcome.
| Class | Maximum Penalty |
| Class 1 misdemeanor | Up to 12 months in jail and a fine of up to $2,500 |
| Class 2 misdemeanor | Up to 6 months in jail and a fine of up to $1,000 |
| Class 3 misdemeanor | Fine of up to $500 |
| Class 4 misdemeanor | Fine of up to $250 |
| Class 1 felony | Life in prison and a fine of up to $100,000 |
| Class 2 felony | 20 years to life in prison and a fine of up to $100,000 |
| Class 3 felony | 5 to 20 years in prison and a fine of up to $100,000 |
| Class 4 felony | 2 to 10 years in prison and a fine of up to $100,000 |
| Class 5 felony | 1 to 10 years in prison, or up to 12 months in jail and a $2,500 fine at the court’s discretion |
| Class 6 felony | 1 to 5 years in prison, or up to 12 months in jail and a $2,500 fine at the court’s discretion |
A felony conviction can also cost you the right to own a firearm, vote, or hold certain professional licenses. Some charges, including certain DUI and drug offenses, carry mandatory minimum sentences on top of these ranges.
Why Choose Our Fairfax Criminal Lawyers
Deep Knowledge of Fairfax and Northern Virginia Courts
We work in Fairfax courts regularly. We know the judges, prosecutors, and local procedures that shape outcomes here. This local knowledge lets us spot weaknesses in cases and build strong defenses fast.
We understand how Fairfax handles serious charges like assault, drug offenses, gun crimes, and domestic violence. Our court experience in this area gives you a real edge when your freedom is at stake.
Aggressive Defense Strategy Tailored to Your Case
We treat every case as unique. No two criminal charges are the same, and your defense should reflect that. We dig deep into the facts, challenge the prosecution’s evidence, and find holes in their case.
Our team builds a defense plan that fits your specific situation and the charges you face. We fight hard without apology to get the best possible result.
Clear Communication and Transparency
You stay informed at every step. We explain what’s happening, what comes next, and what your options are in plain language.
No surprises. No hidden agendas. We believe you have the right to understand your case thoroughly and make the right choices about your defense.
We answer your questions honestly and keep you updated on progress.
Proven Track Record in Serious Criminal Matters
We handle high-stakes cases regularly. Our experience spans domestic violence, gun offenses, drug crimes, sex offenses, and serious misdemeanors.
We’ve secured dismissals, reductions, and strong outcomes for clients facing real consequences. That proven ability to navigate complex cases gives you confidence that your defense is in skilled hands.See our recent case results.
Client-First Approach with Respect and Integrity
You are not a case number to us. We treat you with respect and listen to what matters most to you.
We work fast, stay focused on your goals, and never lose sight of what’s on the line, including your freedom, your reputation, and your future. Our commitment to your defense is unwavering.
Former Prosecutor and Public Defender Experience
Gretchen Taylor Pousson leads our Virginia criminal practice group and brings more than 25 years of trial experience. She has worked as both a Virginia prosecutor and a defense attorney, which gives her a clear view of how criminal cases are built and how they can be challenged.
Matthew Kensky has spent more than 20 years defending clients in Northern Virginia, including years as a Senior Assistant Public Defender in Fairfax County. He has represented thousands of people facing criminal charges, and colleagues know him as “The Professor” because he regularly teaches other defense attorneys about developments in Virginia criminal law.
Together, they bring more than 50 years of combined criminal defense experience to every Fairfax case. Leading legal organizations have recognized our work, and client reviews reflect our commitment to clear communication and fast responses.
What to Expect When Facing Criminal Charges in Fairfax, Virginia
Misdemeanor cases are typically handled in GDC before a judge. If you disagree with the outcome, you may be able to appeal to the Circuit Court. Felony cases often involve a preliminary hearing in GDC, with the arraignment and trial in Circuit Court, where you can request a jury trial.
Your defense may involve verifying key facts, reviewing how evidence was collected, identifying procedural issues, and preparing arguments for hearings or trial. Some matters, especially certain driving, drug, or sex offense allegations, may also involve federal exposure depending on where the incident occurred or what conduct is alleged.
If you’re facing charges, working with a Fairfax criminal lawyer, familiar with Fairfax County procedures can help you understand what to expect and what steps matter most.
Fairfax County Courts That Hear Criminal Cases
Most Fairfax County criminal cases are heard at the Fairfax County Courthouse at 4110 Chain Bridge Road, a short distance from our office on Judicial Drive. Three courts handle criminal matters there:
- General District Court: misdemeanors, traffic offenses, and preliminary hearings in felony cases
- Juvenile and Domestic Relations District Court: cases involving minors and most assault charges between family or household members
- Circuit Court: felony trials, jury trials, and appeals from the district courts
For directions, parking, and what to bring on your court date, see our Fairfax courthouse guide.
Virginia Criminal Court Process
Arrest and Initial Appearance: After arrest, you appear before a judge within 72 hours. The judge explains your rights, reviews bail or release conditions, and appoints a lawyer if you cannot afford one. This hearing sets the tone for your defense.
Preliminary Hearing or Grand Jury: For felonies, Virginia requires either a preliminary hearing or grand jury review. A preliminary hearing lets your lawyer challenge whether probable cause exists.
A grand jury decides whether there is enough evidence to move forward. Either way, your defense lawyer can present arguments and evidence.
Discovery and Investigation: Both sides exchange evidence. The prosecution shares police reports, witness statements, and test results.
Your lawyer reviews everything, finds weaknesses, and may hire professionals or investigators to build your defense. This phase often lasts weeks or months.
Plea or Trial: You can accept a plea deal, request a jury trial, or ask for a bench trial (judge only). Most cases settle through negotiation.
If you go to trial, both sides present evidence. The jury or judge decides guilt or innocence beyond a reasonable doubt.
How the Process Works With Our Firm
We begin with a full case review the moment you contact us. We examine police reports, witness accounts, and all evidence to find holes in the prosecution’s case. We explain exactly where you stand and what comes next.
We handle all communication with prosecutors and courts. You stay informed of every development. We push back on unfair charges, challenge weak evidence, and negotiate from a position of strength built on Virginia court experience.
We prepare aggressively for trial if needed. We interview witnesses, file motions to suppress illegal evidence, and build a defense strategy tailored to your facts. We never pressure you into a bad deal.
We keep you updated constantly. No surprises. You know your options, the risks, and what we recommend; then you decide. We fight hard while respecting your choices every step forward.
Speak With a Fairfax Criminal Lawyer Today
Facing a criminal charge can feel overwhelming, especially when your freedom, record, and reputation are on the line.
At Scrofano Law PC, we provide aggressive criminal defense for serious charges, from assault and gun offenses to drug crimes and domestic violence, with a focus on protecting your freedom and future.
We work directly with you, keep you informed at every stage, and challenge the prosecution’s case with proven strategy and relentless advocacy. If you need a Fairfax criminal lawyer, contact us to schedule a consultation today.
Common Questions About Criminal Charges in Fairfax
1. What Happens at an Initial Consultation With a Criminal Defense Attorney?
During your free initial consultation, our attorneys will review the details of your case, explain potential legal strategies, and outline possible outcomes. This confidential meeting helps us understand your situation while allowing you to determine if our firm is the right fit for your defense needs.
2. How Much Does Hiring a Criminal Defense Lawyer Cost?
Legal fees vary based on case complexity, charges involved, and the attorney’s experience. We offer transparent fee structures and payment options to make quality legal representation accessible when you need it most.
3. Can Criminal Charges Be Dismissed Before Trial?
Yes, in some circumstances. Our defense team examines evidence, procedural errors, and constitutional violations that could lead to dismissed charges or reduced penalties through pre-trial motions or negotiations.
4. Will I Go to Jail for a First-Time Offense in Fairfax, VA?
Not always. Jail time depends on the charge, the facts of the case, and your prior record. Some cases may qualify for reduced penalties, alternatives to incarceration, or outcomes that avoid jail altogether. A criminal defense lawyer can review the evidence, explain what penalties you may face, and work toward the best possible result in Fairfax County court.
5. Should I Talk to the Police Without a Lawyer?
It’s usually best to speak with a criminal defense attorney before answering questions from law enforcement. Even if you believe you did nothing wrong, statements can be misunderstood or used against you later. A lawyer can help protect your rights, guide you on what to say (and what not to say), and communicate with authorities when appropriate.
6. Is Reckless Driving a Criminal Offense in Virginia?
Yes. Reckless driving is generally a Class 1 misdemeanor in Virginia, the same class as a first DUI. Driving 20 mph or more over the speed limit, or faster than 85 mph, can lead to a charge. A conviction can bring jail exposure, fines, license suspension, and a permanent criminal record. Learn more about reckless driving charges in Fairfax County.
7. Do I Need a Lawyer for a First-Time DUI in Fairfax?
A first DUI is still a criminal charge, usually a Class 1 misdemeanor, with possible jail time, a one-year license revocation, fines, and alcohol education requirements. A lawyer can review the stop, the testing, and the evidence for problems that may support a reduction or dismissal.
8. What Happens if My Child Is Charged With a Crime in Fairfax?
Most cases involving people under 18 begin in the Fairfax County Juvenile and Domestic Relations District Court. Juvenile cases place more weight on rehabilitation, but a charge can still affect school, college applications, and future opportunities, and some serious felonies can be moved to adult court. Read more about juvenile offenses in Fairfax.
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Contact Our VA Criminal Defense Lawyers
Being accused of a crime can be terrifying. An imperfect justice system has placed a target on your back, and you're left to jump through hoops while somebody else chooses your fate.
With Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC on your side, you can rest assured that your future lies in good hands. Our Virginia criminal lawyer understands how to even the chances when it feels like it's you against the world. Call 703-546-9898 today to schedule a confidential case assessment and discover how we can make justice work for you rather than against you.