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What Happens if You Fail a Drug Test While on Probation in Virginia?

2026-10-09 00:00:00

A failed drug test could lead to a probation violation report and a court hearing, but it does not automatically mean you will serve your suspended sentence. If you are accused of a probation violation in 2026, our Virginia Beach, VA criminal defense attorney can help you understand the allegation and prepare your response.

How Does a Probation Officer Respond to a Failed Drug Test in Virginia?

After receiving a positive result, your probation officer reviews whether it shows a violation of your probation conditions. This could include asking about prescribed medications or seeking additional testing to confirm the result. The officer then decides whether to report an alleged violation to the court.

If the court begins revocation proceedings, it issues a summons or warrant requiring your appearance. A warrant could lead to an arrest before the hearing. An arrest does not mean the judge has already found that you violated probation.

What Happens When a Minor Is Arrested in Virginia?

2026-09-12 00:00:00

In Virginia, most minors who are accused of crimes go through the juvenile justice system rather than the adult criminal system. Typically, the process involves being released to a parent or staying in juvenile detention until a hearing.

What happens next will be based in part on the charge and whether there is a legal reason to keep the child in custody. If your child has been arrested in 2026, our Virginia Beach, VA juvenile defense lawyer can explain how and when you can challenge the charges.

Will the Police Call Me if My Child Is Arrested in Virginia?

Virginia law requires police to notify a parent or guardian after taking a minor into custody. Under Virginia Code § 16.1-247, the notice must explain what action was taken and why the child was taken into custody.

Can You Go to Jail for Reckless Driving in Virginia?

2026-08-12 00:00:00

In Virginia reckless driving is treated more seriously than a normal traffic ticket. Certain speeding offenses and other dangerous driving behaviors can lead to a criminal charge, which may result in fines, a license suspension, and possible jail time.

However, a reckless driving charge does not mean you will automatically go to jail. The outcome can depend on the type of reckless driving, your speed, what happened on the road, and the facts of your case.

If you are charged with reckless driving in 2026, our Virginia Beach criminal defense lawyer can explain the charge and help you decide what to do next.

When Is Speeding Considered Reckless Driving in Virginia?

Speeding can become a reckless driving charge even when there is no crash. Under Virginia Code § 46.2-862, you can be charged with reckless driving for driving:

Virginia Clean Slate Law 2026: Can I Seal My Criminal Record?

2026-08-02 00:00:00

For many Virginians, a criminal record creates obstacles long after a case comes to an end. As of July 1, 2026, Virginia's new Clean Slate law grants people the ability to seal their criminal records. While not every offense qualifies, this legislation gives people an opportunity for a fresh start.

If you are wondering whether you can apply to get your criminal record sealed in 2026, our Virginia Beach criminal defense attorney wants to talk to you. Attorney Vincent Castellano is friendly, affordable, and local – he knows the community and cares whether its citizens are doing well.

What Is Record Sealing?

Record sealing is a legal process that limits public access to a criminal record while still allowing certain government agencies to retain access for authorized purposes. Record sealing does not erase, destroy, or expunge a criminal record. Instead, it hides the conviction from the general public.

When Do You Face Jail Time for Marijuana in Virginia?

2026-07-30 00:00:00

Virginia’s marijuana laws can be confusing. Adults age 21 and older may legally have a small amount for personal use. However, larger amounts, sales, distribution, and driving while under the influence can still lead to criminal charges and possible jail time.

A marijuana criminal charge does not always mean you will go to jail. The penalties you face depend on how much weed was involved, what police think you were going to do with it, and whether another crime was committed at the same time (like having an illegal weapon in your car).

If you are charged with a marijuana offense in 2026, our Virginia Beach criminal defense lawyer can explain the charge and help you protect yourself.

Can You Go to Jail for Marijuana Possession in Virginia?

Under Virginia Code Section 4.1-1100, a person age 21 or older may have up to two ounces of marijuana. More than two ounces may lead to a civil penalty, but that doesn’t necessarily mean jail time.

What Happens After a DUI Arrest in Virginia?

2026-07-10 00:00:00

What Happens After a DUI Arrest in Virginia?

Castellano Law Firm knows DUI defense. We represent DUI clients from all walks of life, and we don’t cut corners. Every case gets the time, attention, and dedication it deserves. Understanding your rights and acting quickly can make all the difference in the outcome of your case.

What is a DUI?

In Virginia, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Driving While Impaired) are used interchangeably. Virginia Code defines DUI as follows:

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

Do I Need a Lawyer for a Misdemeanor in Virginia?

2026-07-10 00:00:00

Do I Need a Lawyer for a Misdemeanor in Virginia?

Because misdemeanors are viewed as "minor" offenses, people are sometimes tempted to represent themselves. However, in the end, this can be a costly mistake

At Castellano Law Firm, we know a misdemeanor is not a small matter. We represent individuals throughout Hampton Roads facing all sorts of misdemeanors as well as felonies. We advise our clients of their rights, we discuss all their options, and we build a top-tier defense.

What is a Misdemeanor?

Generally speaking, a misdemeanor is a criminal charge that is less than a felony. Virginia Code states the following

§ 18.2-8. Felonies, misdemeanors and traffic infractions defined.

Offenses are either felonies or misdemeanors. Such offenses as are punishable with confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature.