FAQs
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Get Answers to your Criminal Defense and Family Law questions from Virginia Beach Attorneys
Legal problems create uncertainty fast. Whether you are facing a criminal charge, a family law dispute, a military investigation, or a security clearance concern, you probably have questions about what happens next, what your rights are, and how to protect your future.
At Invictus Law, we believe informed clients make better decisions. This FAQ page brings together common questions from across our practice areas and links visitors to the issues they may be facing.
General Questions About Working with Invictus Law
What types of cases does Invictus Law handle?
Invictus Law handles criminal defense, family law, military and UCMJ defense, security clearance matters, and select related legal issues. Our team represents clients in Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Newport News, Hampton, and throughout Hampton Roads.
Why should I hire Invictus Law?
Invictus Law uses a team-based, strategy-driven approach. Your case is not left to one overwhelmed attorney. Our attorneys, paralegals, and support team work together to identify the issues, prepare the case, communicate with you, and pursue the best possible outcome.
Will I work directly with an attorney?
Yes. You will have attorney involvement in your case, along with support from our legal team. This allows your case to receive legal strategy, preparation, and responsive communication throughout the process.
How quickly should I contact a lawyer?
As soon as possible. Early legal advice can help protect your rights, preserve evidence, avoid mistakes, and create a stronger plan before deadlines, hearings, investigations, or court dates move forward.
Will the initial consultation cost me any money?
We offer free 30 minute consultations for criminal matter clients with a current charge. Family law clients are offered up to an hour initial consultation at a significant discount. Call our office for more details and schedule your confidential consultation today
What happens during the initial consultation?
We will ask you to arrive 15 minutes prior to your appointment so that we can gather all the documents and information related to your case matter and have it prepared for the attorney for your consultation. During the consultation with the attorney, you will discuss the details of your case, strategy and your desired outcome. Once the attorney has a thorough understanding of the scope and depth of the case, he will be able to provide you a legal fee quote for your specific matter.
How much will my family, civil or criminal case cost?
Every client, every set of facts, every desired outcome is different; therefore, every case varies in the legal representation fee. During the initial consultation, the attorney takes time to understand the client, their situation, and their objective and is able to give a personalized quote to the client. We understand that your case is unique and we treat it that way.
Criminal Defense FAQs
What should I do after being arrested in Virginia Beach?
Remain calm, do not argue with law enforcement, and do not make statements about the case without an attorney. Anything you say can be used against you. Contact a criminal defense attorney as soon as possible so your rights, bond status, evidence, and court deadlines can be reviewed.
Do I need a lawyer if this is my first offense?
Yes. A first offense can still affect your record, employment, security clearance, military career, driving privileges, housing, and future opportunities. An attorney can help you understand your options and work to reduce the long-term impact.
Can criminal charges be dismissed?
Sometimes. A case may be dismissed if the prosecution cannot prove the charge, if evidence is suppressed, if witnesses are unavailable or unreliable, or if the law does not support the charge. Dismissal depends on the facts, evidence, and procedural posture of the case.
What is the difference between a misdemeanor and a felony?
A misdemeanor is generally less serious than a felony, but it can still carry jail time, fines, probation, and a criminal record. A felony carries more serious consequences, including potential prison time and loss of certain civil rights.
What happens at an arraignment?
An arraignment is often the first court appearance. The court may advise you of the charge, address attorney representation, and set future dates. In some cases, bond or conditions of release may also be addressed.
What is a bond hearing?
A bond hearing is where the court decides whether a person can be released from custody while the case is pending. The court may consider public safety, flight risk, criminal history, ties to the community, and the seriousness of the charge.
Can bond be appealed?
Yes. If bond is denied or set too high, an attorney may be able to request another hearing or appeal the bond decision to a higher court, depending on the circumstances.
Should I talk to police if I am innocent?
Not without legal advice. Innocent people can still make statements that are misunderstood, incomplete, or used against them. Politely request an attorney before answering questions about the case.
Can I get a criminal charge expunged in Virginia?
Possibly. Expungement eligibility depends on how the case ended and whether Virginia law allows the record to be sealed or removed. Not every dismissal automatically qualifies.
DUI and Traffic FAQs
What should I do after a DUI arrest?
Contact an attorney quickly. DUI cases may involve license suspension, breath or blood evidence, field sobriety testing, video footage, officer observations, and strict court deadlines.
Can I challenge the traffic stop in a DUI case?
Yes. Law enforcement must have a lawful basis to stop your vehicle. If the stop was not supported by reasonable suspicion or probable cause, evidence gathered after the stop may be challenged.
Are field sobriety tests always reliable?
No. Field sobriety tests must be properly explained, demonstrated, and evaluated. Medical conditions, fatigue, uneven pavement, footwear, weather, and officer error can affect the results.
Can breath or blood test results be challenged?
Yes. Breath and blood evidence may be challenged based on calibration, maintenance records, testing procedures, timing, operator error, chain of custody, or other reliability concerns.
Will I lose my license after a DUI?
A DUI charge can affect your driving privileges, and some suspensions occur quickly. The exact consequences depend on the facts, prior history, refusal issues, and court outcome.
What is refusal in a DUI case?
Refusal generally refers to refusing a breath or blood test after being arrested for DUI. Refusal can carry separate penalties and may affect your license and DUI defense strategy.
What is reckless driving in Virginia?
Reckless driving is a criminal traffic offense in Virginia. It is more serious than a regular traffic ticket and can carry fines, license consequences, and possible jail time depending on the facts.
Drug Charge FAQs
What should I do if I am charged with drug possession?
Do not discuss the facts of the case with law enforcement or others. Contact a defense attorney to review the stop, search, seizure, lab evidence, ownership or possession issues, and available defenses.
What is possession with intent to distribute?
Possession with intent to distribute means the prosecution claims the person possessed drugs with the intent to sell, share, or distribute them. The government may rely on quantity, packaging, cash, messages, statements, or other evidence.
Can police search my car or home without a warrant?
Sometimes, but not always. Search and seizure issues are highly fact-specific. An attorney can review whether law enforcement had consent, probable cause, a warrant, or another legal basis for the search.
Can drug evidence be suppressed?
Yes, if the evidence was obtained through an unlawful stop, search, seizure, interrogation, or other constitutional violation. Suppression can significantly affect the strength of the prosecution’s case.
Are prescription drug charges serious?
Yes. Prescription drug cases can involve allegations of illegal possession, fraud, distribution, forged prescriptions, or misuse of controlled substances. These cases can affect employment, licensing, and security clearances.
Assault, Violent Crime, and Domestic Violence FAQs
What is assault and battery in Virginia?
Assault and battery generally involves an allegation of unlawful touching, force, threat, or physical contact. The exact charge and penalties depend on the relationship between the parties, injuries, facts, and criminal history.
What is assault and battery against a family or household member?
This charge involves an alleged assault or battery against someone who qualifies as a family or household member under Virginia law. It may also involve protective orders, no-contact conditions, custody issues, and firearm consequences.
Can a domestic violence charge be dropped by the alleged victim?
The alleged victim does not control whether the prosecutor moves forward. The Commonwealth may continue the case even if the complaining witness wants it dismissed.
What happens if there is a protective order?
A protective order can restrict contact, residence access, firearm possession, communication, and other behavior. Violating a protective order can create new criminal charges.
What should I do if I am accused of malicious wounding?
Contact an attorney immediately. Malicious wounding is a serious felony that may involve allegations of intent, injury, use of a weapon, self-defense, witness credibility, and medical evidence.
What defenses may apply in a violent crime case?
Potential defenses may include self-defense, defense of others, lack of intent, mistaken identity, insufficient evidence, unreliable witnesses, constitutional violations, or factual disputes about what occurred.
Federal Criminal Defense FAQs
How is federal court different from state court?
Federal court has different prosecutors, judges, procedures, sentencing rules, investigative agencies, and timelines. Federal cases often involve extensive investigations before charges are filed.
What types of federal charges does Invictus Law handle?
Federal cases may involve fraud, tax crimes, drug offenses, firearm charges, internet crimes, conspiracy allegations, and other serious federal investigations or indictments.
Should I hire an attorney before being indicted?
Yes. If you are contacted by federal agents, receive a target letter, grand jury subpoena, or learn you are under investigation, early representation can be critical.
What is a federal target letter?
A target letter usually means federal prosecutors believe you may be involved in criminal conduct under investigation. It should be taken seriously and reviewed with an attorney immediately.
Murder and Serious Felony FAQs
What should I do if I am charged with murder?
Do not make statements to police, witnesses, family members, or anyone else about the facts of the case. Contact an experienced criminal defense attorney immediately. Murder cases require urgent preservation of evidence, witness investigation, forensic review, and trial strategy.
What is the difference between murder and manslaughter?
Murder generally involves a higher level of intent or malice. Manslaughter generally involves an unlawful killing without the same level of malice required for murder. The difference depends on the facts, evidence, and applicable law.
Can forensic evidence be challenged?
Yes. Forensic evidence may be challenged through expert review, chain of custody issues, testing procedures, alternative explanations, contamination concerns, or weaknesses in the prosecution’s interpretation.
What are common defenses in a murder case?
Common defenses may include self-defense, defense of others, mistaken identity, lack of intent, unreliable witnesses, forensic problems, insufficient evidence, or constitutional violations.
Why is early defense investigation important?
The earlier the defense begins investigating, the better the chance of preserving video footage, locating witnesses, documenting scenes, reviewing forensic evidence, and identifying weaknesses before memories fade or evidence disappears.
Family Law FAQs
When should I contact a family law attorney?
You should contact a family law attorney when divorce, custody, support, property division, protective orders, or enforcement issues may affect your family, finances, or future. Early advice can help you avoid mistakes and plan strategically.
Do I have to be separated before filing for divorce in Virginia?
Virginia has separation requirements for no-fault divorce. The required separation period may depend on whether the parties have minor children and whether they have a written agreement.
What is the difference between contested and uncontested divorce?
An uncontested divorce means the parties have resolved all required issues. A contested divorce means one or more issues remain disputed, such as custody, support, property division, debt, or spousal support.
How is property divided in a Virginia divorce?
Virginia uses equitable distribution. That does not always mean a 50/50 split. The court considers legal factors to determine how marital property and debt should be divided.
What is separate property?
Separate property may include property owned before marriage, certain inheritances, gifts from third parties, or assets kept separate. Classification can become complicated if separate and marital assets are mixed.
What is marital property?
Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the title, account, or loan.
What is a property settlement agreement?
A property settlement agreement is a written contract resolving divorce-related issues such as property division, debt, support, custody, visitation, and other terms.
Child Custody and Visitation FAQs
How does a Virginia court decide child custody?
Virginia courts decide custody based on the best interests of the child. The court may consider each parent’s role, the child’s needs, the ability of each parent to support the child’s relationship with the other parent, and other statutory factors.
What is the difference between legal custody and physical custody?
Legal custody involves decision-making authority for major issues such as education, health care, and welfare. Physical custody involves where the child lives and the parenting schedule.
Can custody orders be modified?
Yes, but the party requesting modification generally must show a material change in circumstances and that the requested change is in the child’s best interests.
Can a parent relocate with a child?
Relocation can be legally complex, especially if it affects the other parent’s visitation or custody rights. A parent should seek legal advice before moving with a child or opposing a relocation request.
Do children get to choose which parent they live with?
A child’s preference may be considered depending on age, maturity, and circumstances, but the child does not make the final decision. The court decides based on the child’s best interests.
What is a guardian ad litem?
A guardian ad litem, or GAL, is an attorney appointed to represent the child’s best interests in certain custody, visitation, or protective matters.
Child Support and Spousal Support FAQs
How is child support calculated in Virginia?
Child support is generally calculated using Virginia’s child support guidelines, which consider income, custody schedule, health insurance, childcare costs, and other relevant factors.
Can child support be changed?
Yes, child support may be modified if there has been a material change in circumstances, such as income changes, custody changes, childcare cost changes, or health insurance changes.
How is spousal support determined?
Spousal support depends on several factors, including the length of the marriage, income, earning capacity, financial needs, standard of living, contributions to the marriage, and other legal considerations.
Is spousal support automatic?
No. Spousal support is not automatic. It depends on the facts of the marriage, the financial circumstances of each party, and the court’s analysis.
What happens if someone does not pay support?
Failure to pay support may result in enforcement actions, show cause proceedings, wage withholding, interest, attorney’s fees, or other court remedies.
Military Divorce FAQs
What makes military divorce different?
Military divorce may involve military retirement, survivor benefit plans, BAH, BAS, deployments, PCS moves, TRICARE, custody complications, and federal laws affecting division of military benefits.
Can military retirement be divided in divorce?
Yes, military retirement may be divided in divorce depending on the facts, length of marriage, overlap with service, and court orders.
Does deployment affect custody?
Deployment can affect custody and visitation logistics, but it does not automatically determine custody. Courts focus on the child’s best interests and may address temporary or long-term parenting arrangements.
Why should I hire a lawyer familiar with military divorce?
Military divorce involves issues that civilian divorces often do not. Mistakes involving retirement division, benefits, survivor coverage, or custody during military service can have long-term consequences.
Protective Orders and CPS FAQs
What is a protective order?
A protective order is a court order that may restrict contact, communication, residence access, firearm possession, or other conduct. Protective orders may arise in family law or criminal contexts.
Can a protective order affect custody?
Yes. Protective orders can affect custody, visitation, residence access, and communication between parents. They can also influence related family law proceedings.
What should I do if CPS contacts me?
Take the matter seriously and contact an attorney before making detailed statements. CPS investigations can affect custody, visitation, protective orders, and future court proceedings.
Can CPS remove a child from the home?
In some circumstances, CPS may seek emergency removal or court intervention. These cases move quickly and require immediate legal attention.
Military and UCMJ Defense FAQs
When should I contact a military defense attorney?
You should contact a military defense attorney as soon as you learn you are under investigation, accused of misconduct, questioned by command, contacted by law enforcement, facing NJP, or notified of administrative separation.
What is the UCMJ?
The Uniform Code of Military Justice is the criminal legal system that applies to members of the United States Armed Forces. It covers offenses ranging from military-specific misconduct to serious criminal allegations.
What is the difference between NJP and court-martial?
NJP, or nonjudicial punishment, is handled within the command structure and is less formal than court-martial. A court-martial is a military criminal trial that can carry serious penalties, including confinement, punitive discharge, and lasting career consequences.
Can administrative separation affect my future?
Yes. Administrative separation can affect military benefits, veteran status, employment opportunities, security clearance eligibility, and reputation.
Should I make a statement to command or investigators?
Not without legal advice. Statements made during military investigations can be used in NJP, administrative proceedings, or court-martial.
Security Clearance FAQs
What can put my security clearance at risk?
Security clearance concerns may involve criminal charges, financial problems, drug use, alcohol-related incidents, foreign contacts, foreign influence, dishonesty, personal conduct, or failure to report required information.
Should I report a criminal charge if I have a clearance?
Reporting obligations depend on your clearance, agency, employer, and the nature of the issue. You should seek legal advice quickly so you understand your obligations and avoid making the situation worse.
What is a Statement of Reasons?
A Statement of Reasons explains why the government has concerns about granting, continuing, or renewing a security clearance. It requires a careful, timely response.
Can a DUI affect a security clearance?
Yes. A DUI can raise concerns about alcohol use, judgment, rule compliance, criminal conduct, and personal responsibility. The effect depends on the facts and any mitigation.
Can financial problems affect a clearance?
Yes. Delinquent debt, tax issues, collections, gambling debt, unpaid obligations, or unexplained financial problems may create clearance concerns.
Can Invictus Law help with security clearance hearings?
Yes. Invictus Law assists clients with clearance responses, mitigation strategy, documentation, hearing preparation, and related criminal or military issues.
Areas We Serve FAQs
Does Invictus Law only handle cases in Virginia Beach?
No. Invictus Law represents clients throughout Hampton Roads, including Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Newport News, Hampton, and surrounding areas.
Do local courts handle cases differently?
Every court follows Virginia law, but local procedures, scheduling practices, prosecutor policies, and judicial expectations can vary. Local familiarity can help with preparation and strategy.
Is your office convenient for military clients?
Yes. Invictus Law is located in Virginia Beach near major military communities, including Oceana and Dam Neck, and serves clients connected to the Navy, Marine Corps, Army, Air Force, Coast Guard, and civilian defense community.
Can you help if my case is outside Hampton Roads?
Possibly. Contact our office to discuss the location and nature of your case.
Questions About Legal Strategy and Case Preparation
What should I bring to my first meeting?
Bring court paperwork, summonses, warrants, protective orders, police documents, prior orders, emails, text messages, financial records, military documents, clearance paperwork, and anything else related to your case.
How does Invictus Law prepare cases?
We identify the client’s goals, review the facts and documents, analyze legal issues, develop a strategy, prepare the client, and adjust the plan as new information becomes available.
Will my case go to trial?
Not every case goes to trial. Some cases resolve through negotiation, dismissal, plea agreement, settlement, or agreed order. Others require contested hearings or trial. We prepare with the goal of being ready for each possible path.
How long will my case take?
The timeline depends on the type of case, court schedule, complexity, evidence, negotiations, and whether hearings or trial are required.
Can you guarantee an outcome?
No attorney can guarantee a result. What we can do is prepare thoroughly, communicate clearly, explain your options, and pursue the strongest strategy available under the facts and law.