Virginia Criminal Defense Legal Questions

Well, it depends on what level of court we are dealing with.  If this is a bond appeal from General District Court to Circuit Court, most cities have a schedule that they follow.  More specifically, some cities say that when you file the appeal on a Thursday, it will be heard on the following Tuesday.  You may want to speak to your specific clerk's office.  If an attorney has filed it for you, then the attorney can always select a specific date for the appeal based on availability or whether he or she needs more time to gather evidence relevant to bond.  If you are talking about appealing a Circuit Court decision to the Virginia Court of Appeals, then that is a more complex answer.  Speak with an attorney who handles appellate work to get the specifics on that process.... Read More

If these charges are in Virginia then you are not going to be able to deal with them without appearing in a Virginia court.  This is because you are entitled to certain rights and processes under the law that the judge must ensure that are carried out.  At this point, in all likelihood, there is an extradition warrant out for your arrest.  When you arrive in the US you will be detained and transported to the place in Virginia where this occurred.  If you genuinely want to deal with this and put it behind you, you need to come to Virginia and turn yourself in.  You may wish to hire an attorney before you do that so that they are on standby, ready to act once you turn yourself in.  You may also want to make living arrangements and/or work arrangements in Virginia so that you could potentially qualify to be bonded out pending trial/preliminary hearing.  As for your question as to whether you can prevent a conviction, that will depend entirely on the facts.  An attorney that regularly practices in that area can better advise you.... Read More

It sounds like you don't have a probation officer right now.  If you do, then obviously you are still on probation and you may be under a requirement to report the Maryland arrest.  Check your probation paperwork to see. If you don't have supervised probation right now, you might still not be out of the woods.  When the judge revoked six months of the original three-year suspended sentence, he or she likely re-suspended the remaining two years, six months, on certain terms and conditions.  Those conditions almost definitely included a period of "good behavior," which encompasses among other things that you not pick up any new convictions. The quickest way to find out if you are looking at a potential violation is to get a copy of the Order from the day you were sentenced to the six months.  That order should include all the terms and conditions under which the court re-suspended the remaining two years, six months. You should also be able to review all this with the attorney who represented you at the probation violation hearing.  Best of luck.... Read More

Good evening Ms. Smith.  I assume from your question that you are charged with 2 counts of a concealed weapon or you are being charged for the second time with a concealed weapon.  It makes a difference, as one is a misdemeanor and the other (subsequent offense) is a felony.  As to whether or not a jury trial is the way to go, you should consult local counsel in your city, as they will have a much better idea of how juries typically behave in your jurisdiction.  Remember, when you have a jury, they not only decide guilt, but also sentencing.... Read More

A qualified attorney can be hard to locate from a distance.  The basic steps should be to research attorneys who handle that kind of case to begin with.  Look for attorneys who have experience handling alcohol related cases.  You should then ask for a few moments of their time on the phone to speak with them and see if there is a rapport you can establish. You can try contacting the local prosecutors office and inquiring what the typical resolution to this kind of case is.  There are some prosecutors who will talk to you or your daughter about what would be expected.  You should obviously avoid making any admissions at that time.  Lastly, these kinds of cases are fairly complicated and extensive when you start drilling into which legal presumptions are permissible under the statute.  Many college students have just gone to court and acknowledged guilt, and that is one way to handle things.  It is not the way I would recommend (but I am an attorney).  One has to consider that these student's are frequently pleading guilty to criminal offenses resulting in the possibility of criminal convictions; not what I would want for my child just coming out of college in this job market.  Hope that helps.  Please feel free to contact me with any further follow up that you might have.   ... Read More

There definitely is a posiblity of the charge getting dropped, particularly with favorable testimony.  If you'd like to discuss this further with an attorney, please contact the law offices of Johnson, Gaborik, and Fisher-Rizk at 804-340-5232.     Best Regards,   Alexis Fisher-Rizk... Read More

There are numerous ways that such a scenario might or might not impact a case.  But the short answer is that such an event may have an impact on the informant's credibility if he testifies at trial or it might impact the prosecutor's decision as to whether to go forward with the case before trial.  On the other hand, depending on what other evidence there may be in the case, it may have no impact at all.  Any person who has been charged and is facing a trial on charges that resulted from this informant's actions or testimony shopuld have an attorney and that attorney needs to be aware of these facts to move forward with the defense.... Read More

There are many factors that are considered when deciding the outcome of this kind of case.  His exact actions on the night of the event, what statements were made to the police, what his criminal record is, and how the jurisdiction where this occurred handles these cases are all factors that need to be considered.  If the case proceeds forward with the charge as a felony, you can determine the sentencing range by using the calculations in the Virginia Sentencing Guidelines.  Without knowing specific information such as criminal history, I can't give you more details. ... Read More

Robbery is an extremely serious charge and you need to speak with an attorney as soon as possible, whether that attorney is appointed by the Court or hired by you or your son.  The short answer is that it is certainly possible for a charge of robbery to be reduced but whether that will happen depends on many factors that an attorney would have to investigate.  An attorney will investigate those facts and speak with police and prosecutors and witnesses and represent your son in Court.  That process needs to begin as soon as possible.  ... Read More

First, is your son over the age of 18?  If yes, then your attorney should have been able to get him a bond hearing within 48 hours of your son’s attorney entering his appearance with the Court.  There might be other reasons for not having had the bond hearing yet, for example the specific charge against your son might be one that has a presumption of bond against him, and so your son’s attorney might have made a decision not to attempt to get him Bond. That being said, in Virginia you have the right to appeal a bond decision all the way to the Virginia Supreme Court.  So usually, which means I am not sure what your particular situation is and so this may not apply, but usually you can get a bond hearing within 48 hours. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

It will not be easy for you to get your right to possess a gun as a Felon in Virginia.  It is normally a two step process:  first you would need to restore all your rights through the governor, and then you would need to petition a circuit court to regain your right to possess a gun.  The process takes a significant amount of time.  There are some other potential ways to get your gun rights back, but those are based upon the specifics of your case and you would need to consult with an attorney to find out if you are eligible. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You would need to go to the court to try and petition the court for a restricted license.  It would be up to the court to determine when you would be allowed to drive based upon the restrictions that would be negotiated. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

A first offense of marijuana possession carries a maximum punishment of 30 days in jail and a $500.00 fine.  Beyond that, though, the court must suspend the defendant's driver's license for six months upon conviction.  A drug conviction can also affect your son's eligibility to receive federal student aid, if that is a concern to you. You and your son should consult several experienced criminal defense lawyers in your area.  Many offer free consultations, and it is certainly worthwhile to get more information as you decide how to proceed.... Read More

I recommend that you hire a lawyer to represent you on this charge.  This situation becomes a felony when the value of the property taken from the store is $200 or more.  The value/quantity of the property is a big factor in whether charge can be downgraded through a plea agreement or by a judge at a hearing.  Other factors include prior criminal history and circumstances.  The maximum punishment is up to 20 years in a state correctional facility (18.2-95 of Va. Code).   If there is no or limited criminal history it is very unlikely that you are facing the maximum punishment.  If you are already released on bond, next step is likely to be an arraingment.  At the arraingment you will be told the maximum penalty and that you have a right to a lawyer.  You will likely be given a deadline to secure your own attorney or the Court will appoint a lawyer if you cannot afford a lawyer.  The Court will also schedule a Preliminary Hearing Date at the Arraingment.   If you were charged in Northern Virginia, Gross & Romanick PC can help you.  Call me at (703) 273-1400 to discuss the specifics of your situation if you are in Northern Virginia and looking to hire a lawyer.   Jeffrey Romanick  No attorney-client relationship is established with Gross & Romanick, PC unless and until a signed written Retainer Agreement is executed by the Client and the Law Firm. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAW FIRM.... Read More

The general rule in Virginia is that all misdemeanor and felony convictions stay on your record permanently.  It is technically possible to petition the Governor for a pardon, which would then allow expungement (or removal) of the records of arrest and prosecution, but an attorney would need to know a great deal more about the circumstances of your case to give an informed opinion as to the chances of success in petitioning for such a pardon.  If you choose to explore this route I caution you to question your attorney very thoroughly before paying someone to petition on your behalf.... Read More

Whether you "need" a lawyer is a question a person must answer for themselves.  But as a general rule even a first offense for marijuana possession is an offense for which you have a right to a lawyer.  The first question in any criminal case is whether or not the government can prove the offense beyond a reasonable doubt.  A lawyer can certainly assist a person charged in finding out the evidence and ultimately expressing an opinion as to whether or not that evidence will likely be sufficient to convict.  The second question is, if the evidence is sufficient, what will the likely penalty be.  The range of penalty for a true first offense in Virginia can include up to 30 days in jail.  Under some circumstances a first offense can also be taken under advisement for a period of time and dismissed even when the evidence is sufficient.  Where any individual case may fall in that spectrum is something a lawyer can give an informed opinion on and also help to achieve the best result that the evidence and law allow.  Whether or not you wish to hire (or perhaps qualify for a court appointed attorney) however, is a choice each individual client must make.  Since the charge of first offense marijuana possession is a criminal misdemeanor, I tend to recommend that anyone charged with that have legal counsel.... Read More