Navigating Legal Aid Services in Roanoke: A Comprehensive Guide

What is Legal Aid

Legal aid refers to free legal advice, assistance, or representation extended to those who qualify for it. It can be a lifeline to individuals and families who cannot afford the normal costs of legal representation. According to a 2019 ABA report, the free legal aid programs across the United States helped to resolve over 746,000 legal matters. For those unable to afford private legal services, legal aid attorneys are often a vital pro bono source of help. Not only does it extend legal rights to citizens in need of such protections, but it also increases access to justice .
The rules of eligibility for legal aid through the Roanoke bar do vary from case to case and program to program, but you can generally seek assistance if you receive or earn low enough income that you qualify financially. The amount of income that precludes you from qualifying for legal aid varies by program or organization, but in general, you cannot earn more than the 125 percent of the federal poverty level income. Legal aid programs will often accept a variety of types of legal cases ranging from child custody issues to lease terminations.

Services Provided by Roanoke Legal Aid

Legal Aid of the Roanoke Valley is committed to aiding those who may have other legal options closed off to them, and provide help through various services and programs. The following list gives a general breakdown of the types of services that they can provide to clients:
Family Law
During a divorce or separation, there are many legal matters to address—they can be confusing and scary. Legal Aid attorneys offer assistance with matters such as understanding and navigating child custody, spousal support/alimony, property division, custody adjudication, and visitation issues.
Elder & Healthcare Rights
Legal Aid can guide older adults and their family members in understanding elder rights and patient rights in hospitals, rehab centers, nursing homes, retirement communities, and with durable power of attorney. Minor estate planning is also available.
Consumer Rights
This refers to general consumer law: credit, contracts, mortgage, repossession, consumer rights and responsibilities, and vehicle purchases. Legal Aid also assists with navigating bankruptcy.
Housing Issues
Whether you are a landlord or a tenant, or are facing foreclosure, Legal Aid can lend a helping hand.
Family Advocacy Services
For parents and caregivers of special needs children, face legal issues regarding the death of a relative, or dealing with guardianship, Legal Aid can provide this vital service.
Criminal Records Expungement & Relief
A criminal record affects your ability to find work or housing. Legal Aid assists with expunging records for qualifying individuals.
Federal Civil Legal Services
A partnership with the U.S. Department of Housing and Urban Development, this program offers pro bono representation for eligible people in federal court.

Eligibility Requirements for Legal Aid

As a legal aid organization, the Roanoke Valley Legal Aid Society helps people who qualify for financial assistance or pro bono legal representation in a variety of civil matters. We do not take criminal cases and we do not provide legal advice over the phone. To qualify for assistance, your household income generally must not exceed 250 percent of the federal poverty guidelines as set forth in the chart below. These numbers are based on 2023 federal poverty guidelines. For the most current 2024 federal poverty guidelines, please visit aspe.hhs.gov.
This is general information; however, at times we are not able to work with parties who lack legal counsel when they are involved in cases where legal representation is required. Legal help at trial and settlement conferences are just two examples of when we may be unable to represent an unrepresented party to ensure a fair process. Your case type will also affect your eligibility for legal aid assistance. We do not take personal injury, criminal, or property cases such as landlord/tenant evictions or foreclosures. If you are not eligible for assistance through the Roanoke Valley Legal Aid Society, you may want to contact the Virginia Legal Aid Society.

Applying for Legal Aid

If you meet the qualifications to receive legal aid in Roanoke, the application process is fairly straightforward. When you go to the office at 111 Franklin Rd SW, Roanoke, VA, or call them at 540-344-8489, you will most likely be able to set up a consultation over the phone or in person.
The Virginia Legal Aid website provides some guidance on the documents you may need to bring with you. They will want to know your income, anything relating to your case (documents such as summons, court dates) and specific questions regarding your case. To support your application for legal aid, you will also need to provide proof of income, and they recommend bringing an ID.
If you have government-assistance benefits, proof of that will also help. A reckless driving charge can cost you several thousand dollars in fines once the case is complete, so having a low income will help your cause.
The lawyer who works for the Virginia Legal Aid Society then reviews your documentation. If you meet the criteria, you will most likely be assigned an attorney. However, while a meeting or phone call with an attorney is free, they will only take your case if they believe they can help you.
Keep in mind that if your income is at least 125 percent of the poverty line, the legal aid office will not assist you with your case. If you meet the basic qualifications for legal aid, they may consult with you regarding bankruptcy if you cannot afford to pay your fines.

Top Legal Aid Organizations in Roanoke

The Roanoke Valley has a variety of organizations dedicated to offering free legal aid to low-income individuals. From domestic relations to housing law, these nonprofits offer lawyers willing to take on certain matters at virtually no charge to qualified individuals.
Lawyers say that some unpaid and unprofessional practices that are marketed as a way to "appeal" or "grieve" court decisions are a scam. Free legal aid agencies grant individuals limited access to professional assistance free of charge beneath income limits; in practice, these organizations normally represent specific legal issues rather than getting to the heart of someone’s fiscal situation or disorganized household.
Here are the top legal aid organizations in Roanoke Valley:
The Legal Aid Society of Roanoke Valley
The Legal Aid Society is a nonprofit organization that offers free low-income civil law assistance to residents in the Roanoke and New River Valleys. In the 23 counties, many individuals can meet the income criteria to receive free help with legal problems. The Legal Aid Society of Roanoke Valley currently offers free legal services – including legal counsel and representation – to those who can’t afford it. The society assists with immigration issues, child custody and support, housing, consumer law and community development .
County of Roanoke Commonwealth Attorney’s Office
The Commonwealth Attorney’s Office for the County of Roanoke provides free legal services to county residents charged with criminal offenses.
Virginia Legal Aid
Virginia Legal Aid is a nonprofit organization that provides pro bono legal services to low-income residents. The organization, which is based out of Richmond, gives residents access to information about their situations and refers those requesting assistance to a pro bono attorney. These attorneys volunteer their time to assist low-income individuals in resolving their legal issues.
Roanoke Bar Association
The Roanoke Bar Association (RBA) is a professional network of attorneys that provides legal assistance to low-income residents. The organization offers free legal counsel and advice to individuals seeking help with small claims and landlord-tenant issues. Those who qualify for the program are offered a referral to a local attorney who is able to assist them. Individuals in need of legal aid must complete an application for assistance through the RBA.
Legal Aid Works
Legal Aid Works – formerly known as the Legal Aid Society of Virginia – is a nonprofit organization that provides free legal services to low-income individuals living in Virginia.

Issues Facing Legal Aid

Legal aid service providers in Roanoke, like elsewhere in Virginia, are grappling with the challenges imposed by limited funding, skyrocketing demand, and rising costs. The competition for funding is fierce, and with the multitude of crises facing low and moderate-income individuals requiring legal assistance, the available resources seem to dwindle each fiscal year. Typically, funding comes from four major sources: state government, federal government, interest on lawyers’ trust accounts (or IOLTA), and private donations. State appropriations provide financial assistance through state bar offices and nonprofit providers dedicated to the delivery of legal and social services to low-income citizens. In Virginia, the Office of Attorney General Civil Litigation Unit administers a portion of these funds. This unit directs a portion of appropriated funding to six regional legal aid programs across the Commonwealth. In 2015, an estimated $14.7 million was distributed to programs statewide. However, due to reduced state revenues in 2016, Gov. Terry McAuliffe proposed a 15 percent reduction in state funding for civil legal services. The Commonwealth provides legal assistance to approximately 5 percent of those eligible. New federal and state grant programs have also reached fewer people. For example, in the past three years the federal Legal Services Corporation funds have dwindled from $412,000 to $258,000. Although a portion of legal aid funding is derived from IOLTA, the interest rates lenders must pay to borrow from banks have dropped in recent years. When the IOLTA program was introduced in the 80s, Virginia attorneys held approximately $150,000 to $175,000 in pooled escrow accounts to secure real estate transactions and personal injury settlements. Today, that figure is down to $50,000. Additional funding comes from other state-supported programs such as the Virginia Indigent Defense Commission and the Office of its Chief Public Defender. The commission appropriated more than $92 million to local public defender offices in 2015, up from just under $82 million in 2013. With this increase, however, counties are seeing budgetary impacts in other areas. For example, Pulaski County is facing a 50 percent budget cut to the clerk of court’s budget. Legal aid programs are pushed to reduce funding for supplementing client needs such as transportation services, interpreter translation services, and educational workshops that their users value. Funding for outreach and education to local communities also suffers. Demand for legal aid services varies by geographic area and can change dramatically from year to year. For instance, in 2008, the number of clients served totaled 54,000. Six years later, one new provider served more than 119,000 residents. Legal aid programs are critical to the Commonwealth. They improve stability and assurance of rights for low- and moderate-income Virginians. These programs help families keep their homes, relocate to affordable housing, secure safe child custody arrangements, and access healthcare. Legal aid providers give guidance and intelligent counsel to help self-represented litigants navigate the complex court system. Students and interns who work in legal aid programs serve as essential staff members. Interns gain hands-on experience with client representation and interdisciplinary teamwork. Ultimately, legal aid is a gateway for students to discover a career in public interest law.

Roanoke Legal Aid Success Stories

Helping children secure guardianship in Roanoke, VA, for Ramona Kelley was a lifelong dream come true. Ms. Kelley raised her brother’s kids since 2008 and struggled to find affordable attorneys to handle the case. "I was so relieved to finally get help." Each case that comes through the legal system is as unique as the people behind them. Many families in Roanoke struggle to find legal aid that isn’t overwhelmed with a large caseload. Having a qualified attorney fight on their behalf can be the difference between success and failure for these families. Helping legal guardianship clients like Ms. Kelley every day is the passion for the staff of the Blue Ridge Legal Services (BRLS). Attorney Genelle Tuck worked with Tatienna and Jerry Simms, who request legal aid for adoption of their two-year-old great-grandson, Jayden. The couple has been raising Jayden since he was just months old. He came to them after being taken from his birth mother due to parental substance abuse and put into foster care.
The Simms spent years working with the birth mother, but she was unable to achieve sobriety and regain custody of her son. In addition to that blow, her parental rights were terminated. Due to a federal law, the Indian Child Welfare Act (ICWA), courts around the country are now required to maintain cultural connections when deciding on the fate of an American Indian child in the foster care system. The law requires that the Native American parent be given priority over all other caregivers in these cases. While the laws were implemented for the good, many courts and legal aid advocates are struggling to balance ICWA with the right to family reunification. Fortunately for Jayden, it wasn’t an issue for the Roanoke City Juvenile and Domestic Relations District Court.
One of BRLS’s main goals is to get the word out about the needed services they provide in the community. For example, every year in August, Senator Tim Kaine features BRLS in his "Syringes to Suitcases" campaign. He brings awareness to some of their most challenging cases and how legal aid advocates help clean up the mess left behind by addiction. BRLS helps runaways and homeless youth, empowers victims of domestic violence, including those who need help filing for protective orders, and offers credit repair legal aid.

Legal Aid Alternatives

If you are unable to secure free legal advice and representation, or if you require assistance outside of the scope of services offered through local legal aid agencies, there are a number of alternatives for those in need of legal assistance in Roanoke:
Pro Bono Services
The Blue Ridge Legal Services pro bono panel offers a civil pro bono service for individuals or families who meet guidelines and do not have a conflict of interest. Pro bono helps to extend the limited resources of BRLS, when there is no chance for an award of attorney’s fees or recovery of expenses for the client or the attorney. Pro bono attorneys work on a volunteer basis when they are able and they are not paid by BRLS. Pro Bono attorneys are given suggested guidance on the types of cases that are appropriate and available to the clients served by BRLS. BRLS will guide clients toward a pro bono case if their case fits into this category.
Legal Clinics
Legal Clinics are short LawTalk sessions regarding various topics. Our staff lawyers lead these discussions which cover various areas of civil law , including: estates and wills, landlord tenant cases, consumer and domestic issues, and bankruptcy concerns. Most sessions do not require an appointment. Note that although all are welcome at these clinics, due to seating capacity and limited space, we ask that only one member of a household attend.
Online Legal Resources
Various online resources have been developed that allow you to connect with a lawyer. These resources can assist with family law, bankruptcy, a dissolution of marriage, and real estate concerns, among others. These online services may include Florida courts, Georgia courts, Illinois legal aid, and Virginia legal aid.