Northern Virginia Criminal Defense Attorneys
Virginia Criminal Law
There are two different classifications of crimes, misdemeanors and felonies. A misdemeanor is any offense that is punishable by up to a year in jail, a fine, or both. Examples of misdemeanors include driving offenses such as reckless driving, driving under the influence, and driving on a suspended license. Misdemeanors also include such offenses as possession of marijuana, shoplifting, and assault and battery.
A felony is any offense that is punishable by more than one year in prison, a fine, or both. Examples of felonies include murder, rape, and malicious wounding. Felonies also include such offenses as possession of cocaine, grand larceny, and robbery.
Summary of Court Procedure
A criminal case typically begins with a complaint to the police. The police respond, investigate, and file an affidavit with a magistrate. The magistrate then issues a warrant, and the Court procedure begins. After the defendant is arrested, a magistrate will typically set a bond such as personal recognizance, a cash bond, or a surety bond. The defendant will then be required to attend an arraignment. At the arraignment, the defendant is informed about the charge, provided with the next court date, and asked questions about hiring an attorney, or if they cannot afford an attorney, asked to complete a questionnaire for a court-appointed attorney or public defender.
If the defendant is charged with a misdemeanor, the next court date will be the trial on the misdemeanor charge. At the misdemeanor trial witnesses will testify, evidence will be presented, and the judge will make a decision on guilt or innocence. If the defendant is found guilty the sentence will be imposed.
If the defendant is charged with a felony, the next court appearance will usually be a preliminary hearing. At the preliminary hearing witnesses will testify, evidence will be presented, and the judge will determine if there is probable cause that the defendant committed a felony. If the judge finds probable cause, the judge will certify the case to the grand jury. After the grand jury returns an indictment, a trial by a judge or a jury will take place. A felony case may require a number of pre-and post-trial hearings on issues such as the suppression of evidence or statements, the use of evidence at trial, and the sentencing of the defendant.
Summary of Evidence
In general, the common law and statutes of the state where a crime takes place define what the prosecutor must prove beyond a reasonable doubt to convict a person of a crime. The common law and statutes of each state may be different, and thus federal offenses may be different from an offense in Virginia or the District of Columbia.
The ways in which a prosecutor proves a case are controlled by the rules of evidence. The rules of evidence may vary from one jurisdiction to another, but essentially they all require that the evidence be reliable, accurate, and that the evidence be obtained without a violation of constitutional rights. Evidence is comprised of any tangible things (including documents) or testimony that may help elucidate what happened before, during, and after the crime. Examples include, witnesses testifying about what they saw; police officers testifying about was said to them; documents explaining the results of scientific tests; videotapes showing some action; pictures of a victim; and a weapon or object.
Other Considerations
In Virginia, the criminal process is unique and favors the prosecution. For instance, criminal defendants in Virginia are not entitled to see police reports. In addition, discovery (that is, the pre-trial disclosure) of evidence, witnesses, and information that the prosecution plans to use against a defendant is extremely limited. Virginia is also one of a small minority of states in which the jury decides what sentence to impose if the defendant is convicted.
Criminal charges and/or convictions have consequences that go beyond the immediate concerns of incarceration and fines. Possession of controlled substances and D.U.I., for example, require a one-year suspension of a driver's license if convicted. A person convicted of a felony does not have the right to possess a firearm, does not have a right to vote nor even serve on a jury. An alien convicted of a felony or crime of moral turpitude (lying, cheating, or stealing) usually is no longer able to immigrate or stay in the United States. A juvenile conviction for a felony can be used against that person for sentencing purposes if the person is charged with a crime as an adult. An adult unjustly charged with a crime that is later dismissed will have an arrest record that is available for inspection by potential employers unless it is expunged at a later court proceeding.
Retaining Counsel for Representation
In light of the above, if an individual is charged or about to be charged with an offense that carries the possibility of incarceration or loss of driver's license, it is imperative that the services of a lawyer be retained. A person receiving a subpoena to appear before a grand jury or as a witness in a criminal matter is also advised to contemplate hiring an attorney; prosecutors' targets can change quickly if questionable conduct comes to light during questioning.
Selecting and hiring an attorney should be done without delay. As time passes between the actual crime and a court date, witnesses become more reluctant to speak with defense counsel, evidence changes form or is lost, and police and prosecutors build a stronger case against a defendant. Moreover, an attorney can advise you on whether you should speak to the police, and be present with you when any questioning takes place to ensure that your constitutional rights are protected. (As a general rule, if you are a suspect or closely connected with a crime, you should not speak with the police until you have spoken with counsel; many defendants believe they can explain what happened and avoid charges, only later to hear their own words used against them.)