Meaningful early representation helps protect individuals from a legal system that often punishes persons before they are convicted, forces guilty pleas to obtain release, and incarcerates the poor simply because they cannot afford to buy their freedom. This manual is designed to help support public defense lawyers in Virginia to improve the provision of early representation practices through zealous, effective, and informed efforts on behalf of those persons accused of criminal offenses. [Released Jan 2025]

Despite the fact that the data shows the overwhelming majority of individuals appear for their court dates and are not charged with any new crimes while awaiting trial, many Virginians face harmful pretrial detention. As incarceration for even a single day has substantial negative impacts on those detained, their families, and their cases, it is critical that steps be taken to mitigate against the use of unnecessary pretrial detention and promote practices that facilitate the prompt release of individuals awaiting trial.

Until recently, the effectiveness of Virginia’s pretrial system in achieving its goals of public safety, protection of individual freedoms, and efficient and just court proceedings has been hard to ascertain, due in part to the lack of available systematic data. New data released as part of the Virginia Pretrial Data Project (PDP) now provide opportunities to more closely examine the pretrial system in much richer detail and with more rigorous statistical methods than have previously been available. [Released Jul 2024]

Virginia law allows incarcerated individuals to ask the Governor of Virginia for a conditional pardon.  A conditional pardon allows the Governor to change or end a criminal sentence imposed by a court.  In order to seek a conditional pardon, you must submit a petition to the Governor’s office.

This page is for informational purposes only and applies to people sentenced in Virginia state court.

See the various issues on which NACDL has conducted criminal justice advocacy in Virginia. Scroll to the bottom of the page to see active legislation in Virginia that NACDL is tracking. 

The Press Is Finally Getting It Steven D. Benjamin

Recent legislative changes to Virginia Code 16.1-272 give the judiciary greater guidance and discretion in sentencing youth convicted of felony offenses in Virginia. This program features an overview of the blended sentencing provisions for juveniles transferred to circuit court followed by a discussion of the new sentencing provisions passed earlier this year.

Explore the mechanisms that incentivize police to engage in pretextual traffic stops and examine state and local efforts to stop law enforcement from enforcing minor traffic infractions.

22^nd Annual State Criminal Justice Network Conference
August 16-17, 2023 | Held Virtually

State and local law enforcement agencies are employing dystopian technology like face recognition, drone cameras and predictive policing programs to investigate, charge and prosecute people. These powerful tools are criminalizing communities, often with little transparency of how they were acquired and how they are used. Learn how to uncover and confront these technologies at the state and local level.

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually

The absence of uniform reporting and standardization requirements for criminal justice data makes meaningful transparency into court, jail, prison, and law enforcement practices nearly impossible. This panel will highlight legislative efforts to collect comprehensive criminal justice data for reform, including recent legislative efforts in Colorado, Connecticut, and Virginia, pertaining to pretrial, prosecutorial and policing data collection.

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually

Before bail reform, 60% of people in New York jails were being held pretrial. Reforms reduced jail numbers in 93% of counties, but misinformation about public safety fueled rollbacks. Hear lessons learned from advocates in New York, as well as receive tips and strategies around responding to critics and addressing concerns of court actors, legislators, and others.

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually

NACDL advocated for legislation to raise the daily compensation rate for jurors in Virginia.

Brief of the Virginia Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, and the Innocence Project as Amici Curiae in Support of Terrence Jerome Richardson

In 1975, Virginia enacted a general prohibition against abortion.

We write to ask that you rescind your support, as members of the Virginia Municipal League, for racial profiling practices by Virginia law enforcement—euphemistically known as “pretextual policing”—and to invite you to an informal presentation on this important criminal justice issue.