Criminal Defense Lawyer in Virginia Beach

Will there be a prosecutor on my case?

In Virginia, the Commonwealth’s Attorney’s Office does not automatically prosecute every single criminal misdemeanor, and it all depends on the jurisdiction. For example, some jurisdictions have the Commonwealth’s Attorney’s Office will prosecute every kind of misdemeanor, whereas other jurisdictions the Commonwealth’s Attorney’s Office only prosecutes select misdemeanors. If the Commonwealth’s Attorney’s Office is not prosecuting the case against you then it might be the police officer prosecuting the case against you. Or it might be a citizen prosecuting the case against you. Or it might be both a police officer and a citizen prosecuting the case against you. If the Commonwealth’s Attorney’s Office is in fact prosecuting the case against you then there will be a lawyer from their office in court prosecuting the case against you. Note, only the Commonwealth’s Attorney's Office has the authority to strike plea deals. Police officers and citizens do not have authority to strike plea deals.

I can give you some general principles and tips that might help you figure out whether a Commonwealth’s Attorney is prosecuting the misdemeanor against you, but remember it’s never 100 percent guaranteed either way. Only your defense lawyer will know for sure whether or not the Commonwealth’s Attorney’s Office is prosecuting the misdemeanor against you. Here are my general principles (that are not always 100% correct).

Generally, the Commonwealth’s Attorney’s Office is always on all DWI’s/ DUI’s regardless of the jurisdiction.

Generally, the Commonwealth’s Attorney’s Office is always on Domestic Assault and Battery charges regardless of the jurisdiction.

Generally, the Commonwealth’s Attorney’s Office is usually on most, if not all, gun related misdemeanor offenses, but this one is more dependent on the jurisdiction.

For any misdemeanor that is not any of the above three, the general principle is as follows:

The smaller the court/ jurisdiction that you are charged in, the more likely it is that the Commonwealth’s Attorney’s Office will YES be on other kinds of misdemeanors

vs

The bigger the court/ jurisdiction that you are charged in is, the less likely it is that the Commonwealth’s Attorney’s Office will be on other kinds of misdemeanors.

Even if the Commonwealth’s Attorney’s Office is not prosecuting the misdemeanor against you, it is still 100 percent worth hiring a lawyer because the judge still can absolutely put people in jail for misdemeanors that are not prosecuted by the Commonwealth’s Attorney’s office.

Please also note that if you are charged with any felony, regardless of jurisdiction, there will be a Commonwealth’s Attorney on your case. Please see more information on criminal felonies.