Attorney Offices by Municipality
- Abingdon
- Coale, Jeff:
Civil litigation, auto accidents, negligence, personal injury and wrongful death.
Products liability, defective products, pharmaceutical injuries and defective drugs.
Criminal defense, everything from complex felonies to simple misdemeanor cases, jury and non-jury trials.
Traffic tickets, speeding and reckless driving.
Alcohol offenses, dui, dwi and underage possession.
Drug possession, manufacture, distribution and conspiracy.
Shoplifting, burglary, grand and petit larceny and the like.
Serious criminal litigation, including homicides and sex offenses.
Advice for target defendants investigated by federal, state and/or local authorities.
Probation violations, show cause and contempt of court.
Family law, divorce and separation, child custody and visitation, child support and spousal support.
Business law, contract disputes and regulatory compliance.
Mediation and arbitration where appropriate.
- Alexandria
- Altavista-Ashland
- Amherst
- Shrader, Thompson: * Auto Accidents and other Personal Injuries * Domestic Relations/Family Law * Civil Litigation * Criminal Law, including Traffic Violations * Estate Planning and Administration * Real Estate * Corporate and Business Representation * Chancery * Local Government Law
- Ashland
- Marks, Steve:
Quick Facts:
ÒThe major tightening of the stateÕs drunken-driving laws makes Virginia one of the toughest states in the nation seeking to combat carnage on the highways.Ó
-Richmond Times-Dispatch, June 27, 2004.
Speed in excess of 80 miles per hour is considered
reckless driving by the Code of Virginia.
Reckless driving
Driving under the influence
Suspended license
Speeding
etc.
- Bedford
- Shoen, Darren: Criminal charges can be devastating to the lives of individuals as well as their families. Incarceration, severe fines, permanent criminal records, along with a host of other serious penalties can result from being charged with a crime or serious traffic offense.
- Blacksburg
- Bristol
- Fleenor, Douglas: In Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. OWI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI. Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia. The penalties you receive from the court is only the beginning. You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted. The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.
- Burke
- Hazelwood, Charles: speeding tickets and other serious traffic violations, including driving under the influence (DUI)
- Charles Town
- Campbelll Flannery: Drunk Driving (DUI / DWI) Traffic Violations Assault Battery Burglary Robbery Domestic Violence Kidnapping Arson White Collar Offenses Juvenile Matters Drug and Narcotics Charges Appeals Felonies Misdemeanors
- Charlottesville
- Chatham
- Gott, Larry: General law Criminal law DUI / Traffic C.
- Chesapeake
- Chesterfield
- Chester
- Phelps, Charles: * Driving on a suspended license * Drunk driving (DUI or DWI) * Speeding violations * Hit and run * Reckless driving
- Christansburg
- Nagel, David:
Criminal Defense
Your choice of attorney could affect your freedom and your future.
- Fisher Law Firm: all types of traffic and criminal matters
- Colonial Heights
- Kuchinsky & Yeamans: If you have been charged with a crime, the choice you make in a lawyer can affect the rest of your life.
- Courtland
- Railey & Railey: GENERAL PRACTICE ¥ FAMILY LAW ¥ TRAFFIC LAW ¥ CRIMINAL LAW ¥ PERSONAL INJURY
- Covington
- Pasco & Pasco:
Driving under the influence (DUI, also sometimes called DWI or OUI) is one of the most commonly committed crimes in the United States. Unfortunately, because this crime is so common, many people make the mistake of taking their DUI arrests lightly instead of seeking appropriate legal representation. If youÕve been charged with DUI, your first step should be to discuss your charges with a DUI lawyer...
- Culpepper
- Daleville
- Wills, Stephen:
Automobile Accidents
Corporations and Small Business
Criminal
Divorce and Domestic Relations
Drug Offenses
DUI
Juvenile Law
Litigation
Medical Malpractice
Personal Injury
Traffic
Wills and Trusts
Wrongful Death
Zoning and Land Use
- Hagan, Robert:
TRIAL PRACTICE
Personal Injury Commercial & Contracts
Criminal Defense Land Use & Development
Traffic & DUI Land Titles & Boundaries
Divorce & Custody Wills & Powers of Attorney
- Danville
- Williams, Morrison, Light & Moreau: If you have been charged with a DUI or DWI, you face serious potential consequences in the criminal courts of Virginia. With an experienced attorney at your side, you can fight the charges you face and keep your license. Regardless of your prior criminal record, a first-offense DUI in Virginia could mean a penalty of up to $2,500 in fines, twelve months in jail, and a year's loss of license. If you had a blood alcohol level above .15, you face a mandatory five days in jail. Anything above a .20 will result in a mandatory ten days in jail. That is why it is so important to do everything you can to lower the charges you face and minimize the potential consequences.
- Angela Hamlet: The consequences of a criminal conviction can be devastating for you and your family.
- Dinwiddie
- Dublin
- Barbour & Simkins: Adoptions Automobile Accidents Child Custody Child Support Construction Accidents Criminal Law Divorce Driving Under the Influence Drug Crimes Family Law Felonies and Misdemeanors General Civil Litigation Head and Spinal Injuries Juvenile Law Motorcycle Accidents Parole and Probation Paternity Premarital Agreements Spousal Support Traffic Violations Trucking Accidents Visitation Rights Weapons Charges Wrongful Death
- Angie Morris: The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel. Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process. In addition, before a defendant is permitted to proceed to trial without a lawyer, the challenges and dangers of doing so must be "rigorously conveyed" to the defendant.
- Edinburg
- Bennett & Zimmerman: I Ð 81( Interstate 81 ) accidents Serious injury and death cases Fatalities, fractures, brain and spinal injuries Slip and fall Personal injury Wrongful death Motorcycle accidents Truck accidents Auto accidents Tractor-trailer accidents DUI / DWI OWI / OUI Driving on suspended license Hit and run Reckless driving Traffic offenses
- Falls Church Falls Church
- Fairfax Fairfax
- Fincastle
- Wiegandt & Doubles: DUI / DWI Ð Have you been convicted of driving under the influence of drugs or alcohol?
- Spigle, Roe, Massey & Clay: Elements of Felony DUI/DWI The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level.
- Fredericksburg
- Galax
- Lyons & Lyons:
Assault and Battery, DUI and DWI, Drug Crimes, Traffic Violations
- Glen Allen
- Gloucester
- Hunter, Thomas: First offense: Classified as a Class 1 misdemeanor, convictions result in a minimum of five days in jail, which can increase based on a number of factors, including the blood alcohol concentration (BAC) and the presence of a minor in the vehicle. Additional penalties include fines ranging from $250 to $2,500, license revocation for one year, and mandatory participation in an alcohol safety program. Second offense: Still a Class 1 misdemeanor, penalties increase to jail time from one month to one year, increasing based on the BAC level or the presence of a minor passenger. The minimum fine is $500, license revocation extends to three years, and an ignition interlock device is required once driving privileges resume. Third and subsequent offense: As a Class 6 felony, the penalties include six months to five years in jail, a minimum fine of $1,000, and the potential for lifetime license revocation.
- Halifax
- Gravitt & Gravitt:
Divorce
È Custody & Visitation
È Support
È Traffic
È Personal Injury
È Disability & Social Security
È Collections
È Real Estate
È Wills & Estates
È Adoption
È Protective Orders
È Criminal
È General Litigation
- Hampton
- Harrisonburg
- Herndon
- Henrico
- Hough, Gregory: Clients who are looking to make sure they do not deal with over-zealous prosecutors need an attorney to help them through the DUI/DWI process. This is a difficult and confusing process, and an experienced criminal law attorney can help navigate through the system.
- Hillsville
- Tolbert & Tolbert:
Adoption
Banking
Civil
Collections and Traffic
Corporation Law
Criminal Trial Practice
Divorce
DUI/DWI
Eminent Domain
Family Law
Medical Malpractice
Personal Injury
Probate
Real Estate
Social Security
Wills and Trusts
- McGrady & McGrady: Out-of-state drivers, as well as local commuters, sometimes need a good criminal defense lawyer when they are charged with a DUI / DWI, speeding ticket, or reckless driving in Virginia. On Interstate 77 or other roads, drivers who are stopped may be charged with: * Driving while intoxicated * Driving under the influence * Speeding * Reckless driving * Following too closely * Failure to yield right of way Whether you are driving a car, motorcycle, tractor-trailer, or other type of vehicle, these charges can have a damaging effect on your driverâs license, insurance, and future job situation
- Jackson & Associates: If you have been charged with a DUI/DWI in Virginia, you need the services of an experienced criminal defense attorney to protect your rights. Not having an experienced attorney can cost you a significant amount of money in court fines and fees and can result in other serious consequences such as loss of driving privileges or incarceration.
- Hopewell
- Clark, Bruce: traffic law and DUI charges
- King George
- Richmond Low: If you are facing drunk driving or drug charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected. I have extensive experience representing people arrested or charged with all types of driving offenses such as drunk driving (DUI / DWI).
- King William
- Jonathan Gatewood: A drunk driving charge is a serious matter. You need a serious attorney to defend you against the charge.
- Leesburg
- Lexington
- Hardenbergh, Charles: Latest Cop Busted for DUI: Yakima Washington's Tarin Miller Well folks, it looks like it's happened again. Everybody knows that alcohol is a drug. And when it comes to the distribution of narcotics, no cartel in the world can compare to the United States Government and it's political subdivisions, the states. Billions in revenue are derived by these governments through the sale of alcohol, the most pervasive substance of abuse in the Western World. It's ironic that the states sell this drug, and then expect that people who use their product as intended will make good decisions. Officer Tarin Miller allegedly blew a BAC over 0.16% alcohol, which is more than twice the legal limit! Why do law enforcement officers keep getting arrested for DUI? Don't they get exposure to the constant barrage of warnings against drinking and driving? Don't they hear the alcohol manufacturer's warnings to "drink responsibly"? Wait a minute. How can you drink responsibly? When people drink, their inhibitions and judgment are reduced. Can people abuse recreational substances responsibly? Or is this just a false plea from the dealers who really don't care whether you are responsible, as long as you keep drinking and they keep profiting? The truth is that cops are just like the rest of us. Nobody wants to drive drunk. But the government keeps selling us recreational drugs and allowing the manufacturers to advertise these substances on our airwaves. I hope the allegations are somehow false and Tarin Miller is actually innocent. Perhaps a good DUI lawyer can keep her out of jail. But on the other hand, one has to wonder why the state of Washington allows people to drive cars without ignition interlocks. If nobody could drive drunk, there would be no DUIs, no injuries, no deaths, and tremendous tax savings from the reduced need for police resources. Could it be that the state actually wants continued DUI problems in order to keep selling more alcohol to drivers, to keep employing more police, and to keep getting more DUI fines? Hmmmm.
- Lovetsville
- Ault, Spencer: Have you been arrested and charged with DUI? Driving Under the Influence is a serious offense in the state of Virginia and comes with steep penalties and fines, both of which can have a serious outcome on your lifestyle. If may become difficult or impossible to take care of the most basic but important of tasks, such as commuting to work or getting to the grocery store. If you have been convicted of DUI you should hire an experienced DUI attorney to represent you and your case and help ensure your life can continue with as little disruption as possible.
- Lovingston
- Berry & Maddox: A person commits the offense of speeding when he or she operates a motor vehicle at a speed that is in excess of the speed that is permitted under state statutes, local ordinances, or highway or traffic regulations.
- Lynchburg
- Manassas
- McLean
- Mechanicsville
- McCaul, Martin, Evans & Cook: Virginia laws for driving under the influence (DUI) are strict and growing ever stricter. A person can be arrested for a DUI for driving under the influence of alcohol, drugs, or both, and may face very serious consequences: * Mandatory jail time * Loss of driving privileges * Fines * Community service * Mandatory drug & alcohol rehabilitation
- Midlothian
- Montross
- Smith, Jan:
Criminal Litigation (Felonies, Misdemeanors, Domestic Offenses, and Traffic)
Civil Litigation (Landlord-Tenant, Personal Injury, Contract, Creditor-Debtor, Wrongful Termination, and more)
Family Law (Child Custody, Divorce)
Education Law (Individualized Education Programs, Due Process in School Discipline, etc.)
Association Law (Homeowners Association Disputes, By-Law and Organizational Document Drafting)
Business Litigation
Business Formation (By-Laws, Articles of Organization, Articles of Incorporation, Membership Agreements, etc.)
Trusts and Estates
Contract Review and Drafting
Legal Documents (Deeds, Powers of Attorney, Advanced Medical Directives, etc.)
- Newport News
- Norfolk
- Oakton
- Onacock
- Stallings & Bischoff: - Appeals - Bankruptcy and Workouts - Civil Litigation - Civil Rights - Commercial Litigation - Construction Law - Corporate & Business Law - Creditor's Rights - Criminal Law - Custody Involving Sexual Abuse - Divorce - Driving Under The Influence (D.U.I.) - Eminent Domain/ Condemnation/ Property Rights - Employer-Employee Relations - Immigration - Insurance Disputes - Juvenile & Children's Law - Land Use & Zoning Law - Municipal & Administrative Law - Nursing Home Negligence - Personal Injury - Real Estate - Traffic Offenses - Wills, Estates & Trusts
- Portsmouth
- Prince George
- Cloninger, David:
Real Estate
Divorce
Civil Litigation
Child Custody
Wills
DUI
Traffic
Criminal
- Radford
- Reston
- Richmond Richmond
- Roanoke
- Rustburg
- St. Petersburg
- Wood, John:
Drunk Driving and DUI, Criminal Law
- Salem
- Silver Spring, MD
- Marks & Katz: Surprise is a common response my clients have to their first arrest for driving while intoxicated. Sometimes the surprise is because the person is simply not guilty. Often, however, the person did drink over the legal limit, but just did not realize that it does not take much alcohol to make a person culpable of driving while intoxicated.
- South Hill
- Mokris & Dunning: * Adoption Traffic DUI * Contested Divorce * Criminal Law Felonies * Habitual Offender * Juvenile
- Spotsylvania
- Springfield
- Stafford
- Hyman, Robert:
DUI / DWI Defense Services Include:
Defense for DUI charges
Defense for DWI charges
Defense for all other traffic charges
- Williams, Anthony: * DUI * Drug crimes (possession, intent to distribute, trafficking, manufacturing) * Violent crimes (assault, murder) * Sexual assault * Robbery, theft, larceny, burglary * Firearms violations * White collar crimes (embezzlement, fraud, Internet crimes) * Traffic crimes (speed, reckless driving, hit and run, drag racing) * Probation violation
- Robert Hyman: Traffic tickets can result in serious consequences, including the establishment of a criminal record. There are options available, especially for first-time offenders, to help you keep a clean record. It is important for you to work with an experienced criminal defense lawyer, even on misdemeanor charges.
- George Marzloff: For those convicted of a first offense Driving Under the Influence, Virginia law mandates a one-year loss of driving privileges. In most cases, we can assist you, if convicted, in obtaining a restricted permit to drive to and from work and during work, if necessary.
- Sterling
- Ives & Associates: ...if you are facing a driving while intoxicated ("DWI") charge, reckless driving charge, or if you have already had your license suspended or revoked, you should seriously consider retaining an attorney to represent you in court. DWI and reckless driving charges can result in your loss of license for a year or more. Since we have become a mobile society, it is very difficult to retain employment if you cannot drive to and from, and during, work hours.
- Suffolk
- Oser Legal:
criminal and traffic offenses, worker's compensation and social security disputes, and personal injury
- Tidewater
- Paul Sutton II: A person's privilege to operate a motor vehicle in Virginia will be suspended administratively for ten days upon their arrest for DUI.
- Tyson's Corner
- Goldenberg & Phillips:
DWI
Driving while intoxicated is potentially a very serious crime. You can be imprisoned, fined and put on probation. Your driverÕs license can be suspended or revoked. Your insurance rates can skyrocket. A drunk driving conviction can affect your reputation, career and employment.
- Unknown
- Vienna
- Vinton
- Jesse Shelor: In addition to the right to counsel during interrogation under the self-incrimination privilege of the Fifth Amendment of the United States Constitution, a person has a right to the assistance of counsel under the Sixth Amendment of the United States Constitution when the person is being interrogated after he or she is formally charged with an offense.
- Virginia Beach
- Warrenton
- Waynesboro
- Allen & Carweil: Frequently Asked Questions regarding DUIs in Virginia You have been charged with Òdriving under the influenceÓ in Virginia. Here are a few answers you might find helpful: Do I need to hire an attorney if I am charged with driving under the influence? While every case is unique, you are well-advised to at least consult with experienced legal counsel to determine whether you should be represented at trial. At that meeting, you would ask questions and receive advice on such topics as penalties under current Virginia law, possible defenses available and potential consequences of a conviction. What is the current punishment for DUI, 1st offense, in Virginia? A fine of up to $2,500 plus Court costs; a minimum fine of $250; operatorÕs license suspended for 12 months; mandatory enrollment in ASAP (VirginiaÕs ÒAlcohol Safety Action ProgramÓ); and eligibility for a restricted operatorÕs license on terms and conditions set by the Court. Suppose my blood or breath alcohol (ÒBACÓ) level is less than .08? While there is a rebuttable presumption that someone operating a motor vehicle in Virginia is driving Òunder the influenceÓ if his or her BAC is .08 or greater, one may nevertheless be convicted under certain circumstances with a BAC that is less than .08. You should consult competent legal counsel for further details. What if I am arrested for DUI for the first time but my BAC is ÒhighÓ (that is, .15 or above)? Under current Virginia law, a conviction of DUI with a ÒhighÓ BAC carries mandatory jail sentences, in addition to all the other penalties discussed above. For instance, if the BAC is .15 to .20, inclusive, the mandatory minimum jail sentence for DUI, 1st offense, is five days and, if the BAC is .21 or higher, the mandatory minimum jail sentence is 10 days. Additionally, if the BAC equals or exceeds .15, the installation of an Òignition interlock systemÓ (at the defendantÕs expense, of course) for a minimum of six (6) months is mandatory. An ignition interlock system is a device that connects a motor vehicleÕs ignition system to an analyzer that measures a driverÕs blood alcohol content, prevents the vehicle from starting if the driverÕs BAC exceeds 0.025 percent and is able to perform a rolling retest and electronically log the BAC during ignition, attempted ignition and rolling retest.
- Williamsburg
- Montgomery, Kelley, & McKinnon:
THE STOP
The first step that any good DUI attorney should ask is, what is it that led to the clients encounter with the police? Unfortunately sometimes the reason is that the officer has been called to the scene of a motor vehicle accident. However in the majority of cases, the police officer has initiated a traffic stop. Therefore, it is very important to determine why the officer stopped the vehicle. A police officer is not allowed to randomly stop a motorist. The United States Supreme Court has ruled that an officer must have Òreasonable suspicionÓ of a criminal or traffic offense to stop the vehicle. This does not mean that the officer knew for sure that an offense has been committed. Nor does it mean that the offense suspected be serious Ð many DUI arrests initially start because an officer observes a simple equipment violation such as a defective tail light. However, the officer must be able to articulate a legal reason as to why he stopped the car. Furthermore, the reason for the stop can be very important in evaluating the next issue.
THE ARREST
A police officer must have Òprobable causeÓ to arrest someone for driving under the influence of alcohol. This means he must be able to articulate sufficient facts to convince a judge that it was more likely than not that the individual was under the influence of alcohol at the time of arrest. This is a critical step in conducting any DUI arrest and one that Pat Kelley has successfully argued many times on behalf of his clients. If the Judge rules that probable cause did not exist for the arrest, then the charge is dismissed.
There are numerous factors that must be considered in making a probable cause determination. As stated above, a persons driving is very important Ð a motorist stopped for a detective taillight is much less likely to be intoxicated than one who is stopped for weaving down the road and crossing the lane markings on the highway. Additionally many DUI arrests will be based on individuals performance on what are known as Field Sobriety Tests (FST). The prosecution will try and argue that because a person cannot satisfactorily stand on one leg or touch their fingertip to their nose that the person must be under the influence of alcohol. This is not necessarily so Ð many other factors may be present to explain the inability to do the FSTÕs properly, such as nervousness, age or physical problems. Finally, there are many things that the person arrested did right that the prosecution will not point out to the judge, such as no problem pulling over once the officer turns on his emergency lights, no problem producing their license and registration, no problem exiting the vehicle when asked to do so, which are indicative of a person who is not under the influence of alcohol. However, all these factors must be brought to the attention of the judge in order for a fair determination of Òprobable causeÓ to arrest.
THE BLOOD ALCOHOL CONCENTRATION OR BAC
The final issue that must be evaluated is, assuming a person has been validly arrested, what is the result of the breath or blood test administrated to determine the Blood Alcohol Content of the personÕs blood. The Virginia Implied Consent Statute requires that a person validly arrested for DUI submit to a breath test (or blood test if the breath test is not available). If the result of the test is .08 or above, there is a legal ÒinferenceÓ that the person is under the influence of alcohol. Furthermore, if the result is .15 or above, there are further significant consequences such as mandatory jail sentence. Therefore, it is imperative that an attorney thoroughly investigate the circumstances surrounding how the test was administrated. It is also important to understand what is known as the Òrelation backÓ defense. The test measures a persons BAC at the time the test is administered. This could be significantly different from the BAC at the time the person was operating the vehicle. It is also important that an attorney obtain the maintenance records for the Intoxilyzer EC/IR II to determine if the machine has been calibrated and maintained properly.
There are a multitude of other issues that can arise when one is arrested for DUI. This is a very complicated area of the law and it is simply imperative that an aggressive, effective, and thorough attorney be retained.
- Lee, David:
Assaults
Burglary and Theft
Capital Crimes
Criminal Law
Drug Offenses
DUIDWI
Felonies
Juvenile Crimes
Misdemeanors
Sexual Assaults
Suspended License
Traffic Violations
Weapons Charges
- Randall Stone: What will happen if I have more than one DUI/DWI conviction? What will happen to you depends upon what state you are in. In most jurisdictions, there is a "step-up" method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits.
- Winchester
- Solak, Michael:
dwi, dui, owi, oui attorneys & lawyers
- Inger & Collins:
any criminal matters as well as divorce, child custody, child support, visitation rights and cases dealing with the Department of Child Support Enforcement
- Adams & Jones: CRIMINAL PRACTICE including felonies, misdemeanors, traffic offenses and DUIs.
- Ritter, Clinton: Civil & criminal trials DUI / DWI's Personal injury Auto accidents Wrongful deaths Wills Medical malpractice
- Solak, Michael: Traffic Law
- Fowler, Griffin, Coyne, Coyne & Patton: Come July 1, 1999, there is good news and bad news for drivers with Driving Under the Influence (DUI) convictions on their driving records. The good news is that effective July 1, there will be no more habitual offender declarations in Virginia. The bad news is that a third offense DUI will now be a felony.
- Wytheville
- Lacy, Campbell & Munique:
Traffic:
Speeding
Reckless Driving
DUI
- Jackson Law Group:
Virginia and Federal Crimes
Drug Charges
Homicide
Probation Revocation
Bond Hearings
Larceny
Assault
DUI/DWI
White Collar Crimes
Methamphetamine Charges
Cocaine/Crack Violations
- Saliba & Company: 1. What are the major categories of criminal offenses in Virginia? Virginia law classifies offenses into three basic categories: traffic infractions, misdemeanors, and felonies. Traffic offenses involve motor vehicles and licensing (although some traffic infractions constitute misdemeanors and even felonies, such as driving under the influence or vehicular homicide). Generally, a traffic infraction, such as speeding, failing to obey a stop sign, or driving without your license in your possession is punished by imposition of a fine. Misdemeanors carry a range of punishments, ranging from fines as high as $2,500.00 to as long as 12 months in jail. Felony offenses carry penitentiary sentences ranging from 1 year to life, and some offenses carry fines much higher than those imposed in misdemeanor offenses. 2. What happens if I am charged with a crime? Criminal prosecutions can be started in several ways. A police officer may write a traffic summons, or even a summons for a misdemeanor offense, and serve the summons on the accused. The accused must then appear in Court to answer the charge. Another way is that a private individual can obtain a warrant from a magistrate. The warrant is then served by a police officer on the accused party, who must then appear in Court to answer the charge. Finally, a grand jury may return an indictment, which is then served on the accused party by a police officer. The accused party must then appear in Court to answer the charge. 3. What is bond or bail? After the accused party is served with a warrant or an indictment, it is often necessary to post bond to be released from jail pending trial. A bond (or bail) serves two main purposes. It guarantees that the accused will appear when and where required to answer the pending charges, and it guarantees that the accused party will not commit any additional crimes while awaiting trial. Bond can be posted in several ways. The accused can pay a cash bond, which is returned upon the completion of the case (although fines and court costs may be deducted from the bond proceeds), or the accused or someone on the accused party's behalf can post real or other property in the amount of the bond. Generally speaking, a party cannot post his or her own real property (land) for bond. If real estate is used to secure a bond, the owner must present a certified copy of the deed to the land, and a copy of the tax ticket value. Often, all record owners of the real estate must appear before the clerk or magistrate when posting real estate for an accused party's bond. If a person on bond fails to appear for Court, or commits more crimes while on bond, the Court can revoke and forfeit the bond for those actions, in addition to imposing penalties for the crime itself. 4. What are Miranda warnings and what if I don't receive them? Most people have heard the Miranda warnings on television shows. They are warnings the police must give people in limited circumstances. To be entitled to Miranda warnings, an accused: 1) must be under arrest; and 2) must be subject to questioning by the police. Basically, the Miranda warnings advise of Constitutional rights. You have the right to remain silent - this is the Fifth Amendment privilege against self-incrimination. You have a right to an attorney - this is the Sixth Amendment right to counsel. 5. What is a preliminary hearing? The preliminary hearing is a court proceeding to determine whether there is sufficient cause to charge a person who has been arrested on a felony charge. The hearing is only required where the accused is arrested before indictment. After the hearing, the felony charge is either certified to the Circuit Court for reference to a grand jury, reduced to a misdemeanor and tried by the District Court, or dismissed. 6. What is an indictment? An indictment is a written formal charge of a crime against the accused that is prepared by the commonwealth's attorney. It is returned a "true bill" upon the oath or affirmation of a legally impaneled grand jury. 7. What is an arraignment? This is the court proceeding held in which the accused is identified as the person charged, the charges are read in full, and an inquiry is made into how the accused pleads to the charges. 8. What are the consequences of a guilty plea? A defendant who pleads guilty is tried and sentenced by the judge, not a jury. By pleading guilty to an indictment, the defendant is confessing to the highest degree of the offense that the indictment charges. In addition to other rights waived, a guilty plea operates to waive the privilege against self-incrimination, the right to trial by jury, and the right to confront one's accusers. 9. What is a plea bargain? This is a settlement of the charges against the accused reached before trial between the defendant's attorney and the commonwealth's attorney (prosecutor) whereby the defendant agrees to plead guilty to the original charge or to a lesser-included offense and the commonwealth's attorney agrees to recommend to the Court that certain concessions be made, such as probation, suspended sentence, or concurrent sentences.
- Yorktown
- Beavers, Kristina: Did you know that you can serve jail time in Virginia for a traffic violation? Reckless Driving is a VERY serious matter, and you want to have the best representation you can get. Reckless Driving in Virginia is more than a glorified speeding ticket. It is a class 1 misdemeanor that can result in up to 12 months in jail and a fine of $2500! That's right! Reckless Driving in Virginia is a CRIME that will remain on your record FOREVER. You should consider this before you decide to go to court without representation.
- Woodbridge
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