Personal injury
$730,000
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case details
A criminal charge can raise questions about the accusation, the court process, possible penalties, and the choices available at each stage. Those questions cannot be answered from the charge name alone. The governing statute, the charging document, the evidence, the person’s history, and the court in which the case is pending can all matter.
The Phoenix Trial Firm represents clients in Virginia Beach and throughout Hampton Roads in criminal-defense, DUI, and serious traffic matters. This page gives a general overview of Virginia’s court structure and selected statutes. It is not a prediction about any case and does not replace advice based on the facts of a particular matter.
Virginia Beach is part of Virginia’s Second Judicial District and Second Judicial Circuit. Court assignments depend on the type and stage of the case. Hearing dates, courtroom assignments, filing instructions, and local schedules can change, so the official court pages should be checked directly rather than relying on a law-firm page for current logistics.
The Virginia Court System’s General District Court overview explains that general district courts hear traffic violations and misdemeanor cases and conduct preliminary hearings in felony matters. The official Virginia Beach General District Court page publishes the local address, clerk information, courtroom schedules, and continuance policy.
The Virginia Court System’s Circuit Court overview describes circuit court as Virginia’s trial court with the broadest powers. Circuit courts hear felony cases and appeals from general district and juvenile and domestic relations district courts. The official Virginia Beach Circuit Court page provides current local information for that court.
Virginia law does not treat every ticket or accusation the same way. Under Virginia Code § 18.2-8, offenses are felonies or misdemeanors, while traffic infractions are violations of public order that are not criminal in nature. The language on a summons, warrant, or indictment should be reviewed to identify the exact statute and charge.
A statutory maximum is not a forecast of a sentence. Charge level, mandatory provisions, prior findings, amendments, and other case-specific factors can affect what issues are actually presented.
Virginia Code § 19.2-157 provides that when a person appears without counsel on a criminal charge punishable by confinement, the court must inform that person of the right to counsel and allow a reasonable opportunity to employ counsel or, when appropriate, complete the indigency process. Eligibility for court-appointed counsel is a separate determination governed by law and court procedure.
For a felony accusation that begins in general district court, a preliminary hearing may be part of the process. Virginia Code § 19.2-183 addresses counsel, testimony, and evidentiary matters at that hearing. For a nonfelony conviction in district court, § 16.1-132 provides a right of appeal to circuit court and sets a short deadline. Anyone considering an appeal should verify the current rule and obtain case-specific guidance rather than relying on a general summary.
Not every case follows the same path. Arraignment, bond issues, motions, negotiations, preliminary hearings, trials, sentencing, and appeals may or may not apply, depending on the charge and procedural history.
A defense analysis should be tied to the elements of the charged offense and the available evidence. Depending on the matter, a review may address:
The Virginia Model Jury Instructions—Criminal state that a defendant is presumed innocent and that the Commonwealth bears the burden of proving every element beyond a reasonable doubt. That burden does not make every listed “defense” applicable. Self-defense, duress, entrapment, alibi, evidentiary objections, and constitutional questions each depend on the governing law and the facts; they should not be presented as interchangeable strategies.
Virginia Beach General District Court publishes separate local scheduling information for traffic, DUI-related, misdemeanor, preliminary-hearing, and bond matters. The schedule identifies where a matter may be listed; it does not determine how a charge will be resolved.
Virginia Code § 18.2-266 includes several distinct theories. One concerns an alcohol concentration of 0.08 percent or more. Others concern being under the influence of alcohol, drugs, or a combination to the degree specified by the statute, and the section also lists concentration levels for certain named drugs. Describing 0.08 as the only “maximum level” is incomplete.
Virginia Code § 18.2-266.1 creates a separate offense for a person younger than 21 who operates a motor vehicle after illegally consuming alcohol and has a concentration of at least 0.02 but less than 0.08. The commercial provision, § 46.2-341.24, applies to operating a commercial motor vehicle; its 0.04 provision is not accurately summarized as a universal limit for every person who holds a commercial driver’s license.
Virginia’s DUI statute can apply to drug or combined alcohol-and-drug impairment. Separately, § 4.1-1100 permits limited possession of marijuana by adults age 21 or older, subject to statutory limits and exceptions. It is therefore inaccurate to say simply that recreational marijuana “remains illegal” in Virginia. Lawful possession in a particular circumstance does not authorize impaired driving.
For a fuller general discussion of the firm’s DUI scope, see the Hampton Roads DUI page.
Attorneys Dante Wright and Maxie Lawton are co-founders of The Phoenix Trial Firm. Their published biographies describe an approach centered on deliberate preparation, direct communication, and advocacy tailored to each client’s circumstances and goals. Readers can review those biographies and the firm’s team page for the firm’s current public information.
It depends on the charge and the stage of the case. General district court hears traffic and misdemeanor matters and conducts felony preliminary hearings. Circuit court hears felony cases and appeals from district courts. The court named on the official charging or hearing document is the starting point, and current logistics should be confirmed with the applicable court.
No single path applies to every charge. A case may involve motions, discussions between the parties, a preliminary hearing, a bench trial, a jury trial, sentencing, an appeal, or another procedure authorized by law. The available choices depend on the case and the client’s decisions after receiving advice.
Not automatically. The significance of a stop, search, statement, test, missing item, or disputed witness account depends on the facts, the governing rule, how the issue is raised, and the court’s ruling. A page cannot determine the effect of an issue without reviewing the record.
Useful starting documents can include the summons, warrant, indictment, bond or release order, and court notices. A person may also have questions about recordings, reports, test information, or witnesses. What can be obtained, used, or disclosed is case-specific, so sensitive material should be shared only through a method the firm has approved for that purpose.
To ask whether The Phoenix Trial Firm handles a Virginia Beach criminal-defense, DUI, or serious traffic matter, use the firm’s contact page or call 757-777-9285. A conversation cannot guarantee a particular result, and representation begins only after the firm and client complete the required engagement process.
This page is general information, not legal advice. Virginia law and court procedures can change, and the application of a rule depends on the facts of a particular matter.
Tell us what happened, or call 757-777-9285.
An inquiry does not create an attorney-client relationship; representation requires our agreement. Please wait for instructions before sending confidential or time-sensitive material.
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1807 S. Church Street, Suite 200C
Smithfield, VA 23430
2 Eaton Street, Suite 900
Hampton, VA 23669
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A welcome from our team
Welcome to The Phoenix Trial Firm. We help people across Hampton Roads with personal injury, criminal defense, DUI, and serious traffic matters. Tell us what brought you here, and our team will help you understand your next steps.
Get a Free Consultation Or call 757-777-9285Hampton Roads trial lawyers
We help injured people and those facing criminal, DUI, or serious traffic charges across Hampton Roads.
Offices in Hampton & Smithfield
Your first conversation
Choose the matter you want to discuss. See how to get started and what to have ready for the conversation.

Start with the collision, your questions, and the changes it has brought to your life.
Good to knowYou do not need every document to make your first inquiry.
Start a conversationTell us when and where the collision happened and how to reach you. A short description is enough to begin an inquiry.
Our team reviews your inquiry. The conversation can cover your injuries, treatment, missed work, insurance questions, and possible next steps.
If we agree to represent you, we explain the scope of our work, fees and costs, and the information needed to begin preparing your claim.

A focused first conversation starts with the matter, the court, and your immediate questions.
Good to knowThis guide introduces the firm’s inquiry process; it does not change any court instruction or deadline.
Start a conversationTell us the charge, the locality or court, and any upcoming court date. Include your contact information so our team can review your inquiry.
Have your charging papers and questions ready for the conversation. We can discuss whether Phoenix is available to review your matter and what a consultation would cover.
If we agree to represent you, we explain the scope of the work and the fee arrangement. Preparation then begins around your particular facts and circumstances.

The details on the summons help us understand the matter you want to discuss.
Good to knowFor DUI or DWI inquiries, choose Criminal defense & DUI above. This overview does not determine whether you must appear in court. That question requires a review of your specific matter.
Start a conversationTell us the charge description, locality or court, and date shown on your summons or later court notice. For speed-related matters, note the alleged speed and posted limit.
Our team reviews your inquiry so we can discuss the circumstances and possible next steps. Mention any work-related driving or license concerns you want considered.
If we agree to represent you, we explain the work covered and the fee arrangement. Your case is prepared around its specific charge, evidence, and circumstances.
Our clients. Our work.
We represent people facing injury, criminal charges, and serious traffic matters. Here are seven outcomes from our work.
Personal injury
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsCriminal defense & DUI
DUI: second offense
Not guilty of second-offense DUI. A conviction on the separate refusal charge remained.
Read case detailsCriminal defense
Strangulation — Chesapeake Circuit Court
The strangulation charge was dismissed. The separate domestic assault and battery charge received a first-offender deferred disposition.
Read case detailsCriminal defense
Felony eluding
The Commonwealth chose not to proceed with the felony-eluding prosecution. Driver identification was the central issue.
Read case detailsCriminal defense
Domestic assault and battery
The court dismissed the charge after considering the client’s testimony, injury photographs, and cross-examination.
Read case detailsCriminal defense
Firearm charges · preliminary hearing
Both charges were dismissed at the Norfolk preliminary hearing and were not certified to circuit court.
Read case detailsSerious traffic
Reckless driving
A challenge to the radar evidence led to a granted motion to strike and dismissal of the reckless-driving charge.
Read case detailsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Passenger injury recovery
Our client was a passenger in a vehicle when the driver turned into oncoming traffic. A severe arm injury required emergency surgery.
The vehicle’s policy provided $250,000 in coverage. Phoenix pursued an underinsured motorist claim and stacked multiple policies for an additional $480,000 in coverage.
We recovered $730,000 for our client.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Second-offense DUI and a separate refusal charge
A stop for failing to obey a highway lane marking led to charges of second-offense DUI and refusal of an official breath test.
The officer reported a slight odor of alcohol and slightly slurred speech. There were no field-sobriety or chemical test results. Phoenix challenged whether the evidence proved DUI beyond a reasonable doubt.
The court found the client not guilty of second-offense DUI because the evidence did not establish guilt beyond a reasonable doubt. The client was convicted of the separate refusal charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Chesapeake Circuit Court
Our client faced strangulation and domestic assault and battery charges in Chesapeake Circuit Court following a physical altercation with a partner.
Dante Wright cross-examined the complainant about the reported effects of the altercation. The testimony included no loss of consciousness, no neck marks or bruising, and no hospital treatment or documented neck injury. The defense challenged whether the evidence established the bodily injury required for the strangulation charge and moved to strike.
The court granted the motion to strike and dismissed the strangulation charge. On the separate domestic assault and battery charge, the court found sufficient evidence but granted a first-offender deferred disposition. That charge was not dismissed at this stage.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Felony eluding
A vehicle registered to our client was clocked at more than 100 mph and crashed near a wooded area after police gave chase. It was empty when the officer arrived. Our client was charged with felony eluding.
The vehicle’s registration and personal items linked it to our client, but the officer had no description identifying him as the driver. Phoenix challenged whether the evidence established who was driving. Our client reported the vehicle stolen that night and said he was elsewhere with a sibling.
The Commonwealth chose not to proceed with the felony-eluding charge, which was resolved by nolle prosequi in circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Navy servicemember · Newport News
Our client, a Navy servicemember, faced a domestic assault and battery charge involving her child’s father.
Dante Wright called our client to testify about the incident, introduced photographs showing bruising and redness on her neck and injuries to her face, and cross-examined the complainant.
The Newport News Juvenile and Domestic Relations District Court dismissed the charge. Considering our client’s injuries and the absence of evidence of significant injuries to the complainant, the judge could not determine who was the aggressor.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Norfolk General District Court
Our client faced charges of possession of a firearm by a convicted felon and second-offense carrying a concealed weapon at a preliminary hearing in Norfolk General District Court.
Dante Wright cross-examined the officers about the evidence linking our client to the firearm. Officers found an object resembling a gun holster on our client, but no firearm. The gun was recovered elsewhere outside an apartment complex, away from our client. No link to the client or the holster was established; fingerprint testing was inconclusive, and no DNA evidence connected him to the firearm.
Both charges were dismissed at the preliminary hearing and were not certified to circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
A challenge to the radar evidence
Our client faced a reckless-driving charge involving a radar speed measurement.
At trial, the officer could not confirm that the radar had been checked before and after the shift and found accurate. No calibration certificate was presented. Dante Wright moved to strike the evidence.
The court granted the motion to strike and dismissed the reckless-driving charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Answers before your first call
Understand the records to preserve, insurance questions to ask, and how we help injured drivers and passengers.
Read the car-accident guide →Follow the process from investigation and treatment documentation through negotiation and, when appropriate, litigation.
Explore the claim process →Get to know Phoenix
Meet the people behind the firm and learn what to expect when you reach out.
A quick introduction from Dante Wright