QUESTIONS & ANSWERS BY VIRGINIA CRIMINAL ATTORNEYS 

Have you been charged or accused of a crime in Virginia?

Talk to a SRIS, P.C. Virginia criminal defense lawyer. If you are being accused of a crime, then the Virginia criminal attorneys of the Law Offices of SRIS, P.C. can protect you. Our Virginia criminal lawyers have a statewide presence in Virginia. We have five offices in Virginia. For your convenience. We have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area. Our offices in Virginia are located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach. If you wish to schedule an appointment or consult with a SRIS, P.C. Virginia criminal lawyer, please feel free to call us at 888-437-7747, email us or complete our on line form. A SRIS, P.C. Virginia criminal attorney will talk with you and advise you how we can best defend you.

I was just minding my own business and I was stopped by a Virginia police officer and he began to ask me questions about a crime. Do I have to talk to him? 

No. You do not have to talk to the police in Virginia if they ask you to talk to them. However, if you are ordered to stop and asked questions, you can politely tell them you do not want to talk to them. You have the right to remain silent and not answer any questions about a crime. You may have to identify yourself depending on how the police officer came into contact with you. For example, if you were stopped for a traffic violation, you have to provide the police officer with your license, registration, etc. However, if you are walking down the street and a police officer asks you if he can talk to you, you can simply answer "no thank you" and walk away. There is no law requiring you to talk with a police officer if the encounter with the police officer is consensual.

Miranda warnings. What exactly are Miranda Warnings? 

Most people think that if a police officer tries to talk to them, then the police officer must give the Miranda warnings before any conversation can take place. That is not true. Miranda warnings are only applicable if you are in the custody of the police and the police want to ask you questions about a crime. The following are the Miranda warnings that came about from the case of Miranda v. Arizona:

• You have the right to remain silent;
• Any statement you make may be used against you;
• You have the right to have a lawyer present when you are questioned ;
• If you cannot afford a lawyer, one will be appointed to represent you before questioning begins

Please remember, that if you waive your rights and speak with the police, your statement may be used as evidence against you.

How is bond set for cases in Virginia? 

Usually, after a person has been placed under arrest in Virginia, the person is taken before a magistrate. The magistrate is usually the first person in the judicial process to set bond. In the event, the magistrate places a bond on a person that is unreasonably high or refuses to set a bond, then the person will go before a judge and the judge will decide if the bond is to be reduced or set. If the judge refused to modify the bond or set a bond, the person can hire a lawyer to help with the reduction of bond or have a bond set. If the judge in the juvenile district court or general district court refuses to modify the bond or set a bond, then the judge's ruling can be appealed to the circuit court of that county to hear the bond motion de novo.

What is the difference between a felony and a misdemeanor in Virginia?

Both a felony and a misdemeanor reflect the seriousness of a criminal charge. A felony conviction is much more serious than a misdemeanor since the person charged with a felony can be sentenced to a year or more in a state correctional facility. Also, a felony conviction also causes loss of civil rights such as voting and jury service.

A misdemeanor is not as serious as a felony and is punishable by a maximum sentence of 12 months in jail and/or a fine of not more than $2500.00.

In Virginia, there are four classes of misdemeanors. The maximum sentence for each is specified below:

• Virginia Class 1 misdemeanor: 12 months in jail, $2,500.00 fine;
• Virginia Class 2 misdemeanor: 6 months in jail, $1,000.00 fine;
• Virginia Class 3 misdemeanor: $500 fine;
• Virginia Class 4 misdemeanor: $250 fine

In Virginia, there are six classes of felonies, the maximum sentence for each is specified below:

• Virginia Class 1 felony: death or life imprisonment and possibly, $100,000.00 fine;
• Virginia Class 2 felony: life imprisonment or 20 years in prison and possibly, $100,000.00 fine;
• Virginia Class 3 felony: not less than 5, no more than 20 years in prison, and possibly, $100,000.00 fine;
• Virginia Class 4 felony: not less than 2 years, no more than 10 years in prison, and possibly, $100,000.00 fine;
• Virginia Class 5 felony: not less than 1 year, no more than 10 years in prison (this charge does carry the possibility of no more than 12 months in jail and no more than $2,500.00 fine);
• Virginia Class 6 felony: not less than 1 year, no more than 5 years in prison (this charge does carry the possibility of no more than 12 months in jail and no more than $2,500.00 fine);

Please remember that these are the maximum sentences for the different types of crimes in Virginia. A criminal defense lawyer of SRIS, P.C. can help with creative sentencing alternatives, and can explain the options available.

The ago old question, our criminal defense lawyers are always asked are should I plead guilty or not guilty?

The only person who can ultimately answer this question is the client. The criminal defense lawyer of SRIS,P.C. will discuss your case thoroughly with you and after learning as much information about your case as possible, our criminal defense lawyer will advise you as to your options and his opinion as to the strengths and weaknesses of your case. However, decisions such as what plea to enter, whether to accept a plea bargain, and whether to have a jury trial, can only be again, ultimately decided by the client.

I think the judge in the lower court was not fair and did not pay attention to my case and convicted me incorrectly. What can I do? 

Virginia guarantees an absolute automatic right of appeal from the Virginia Juvenile and Domestic Relations District Court and the General District Court to the Circuit Court. The appeal will be heard trial de novo. At the time of the appeal, you can decide whether you want a bench trial (heard only be a judge) or a jury trial.

Virginia Criminal Law Process and Proceedings  

If you've been charged in a criminal case in Virginia, there's bound to be a lot of uncertainty about the exact process and proceedings. Criminal law is often complex and confusing, and knowing your legal rights is always in your best interest.

Your first action should be to contact an attorney experienced in Virginia criminal law matters. Your attorney will be able to explain the law as it pertains to your particular case, the possible penalties involved, and how to best assist you in making informed decisions as your case moves through the Virginia criminal court process

Let's take a look at the possible steps involved with the criminal process.

Being Stopped By Police 

A police office may 'stop' or detain you for questioning in Virginia. This is not the same as being arrested. When under arrest, a person is usually moved to a different location. If stopped by the police in Virginia, the officer may ask you questions. However, you do have the right to remain silent.

Recent Supreme Court decisions have ruled that a police office may ask your name, and you are obligated to reply. This does leave open several interesting possibilities, however. If by giving your name you are actually implicating yourself in a crime, that could run afoul of 5^th Amendment protections against self-incrimination. Plus, the court did not address giving the police a pseudonym.

The Justices did note the 5^th Amendment consideration mentioned above, but chose to put that question off until another case forced the issue.

If the stop is routine, giving polite but short answers may be your best course of action. However, the moment you suspect your answers to any questions may implicate you in crime, the rule is: Remain Silent!

Being Arrested  

In Virginia, as in other states, in order for a police officer to arrest you, he or she must have what's called "probable cause." This means there must be a reasonable belief a crime was committed - and you either committed it or were involved in that crime. A police officer may arrest you with or without an arrest warrant.

After being placed under arrest, it is important to remember your constitutional rights. At this point, the two most important rights for you to be aware of are your rights to remain silent and the rights to have an attorney.

After your arrest, you can't be compelled to say anything to police or investigators, until you have an attorney present. You must also be given the opportunity to contact an attorney.

In EVERY case, it is advisable to remain silent after being arrested. Don't try and "talk your way out" of the situation. Anything you say can be used against you. When placed under arrest, you may not be aware of all the consequences of your alleged crime under Virginia law. By remaining silent, you can't be held answerable for things not said.

It's also advisable not to resist arrest. You'll have your chance in court if you believe the arresting officer was acting out of malice or without proper cause. Resisting arrest only make you appear guilty - and it can also result in physical force being used against you as well.

Miranda Rule   

Under the Miranda Rule, when placed under police custody you must be informed of your specific constitutional rights before any interrogation begins.

Those rights are:

• The right to remain silent
• The right to have an attorney present during questioning
• The right to have an attorney appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police in Virginia before being taken into custody, and anything you say at that point can be used against you later in court. That's why if you are at all in doubt about the reasons you're being detained, it's always advisable to remain silent.

Searches & Search Warrants 

Search Warrants: A search warrant is a written order issued by judge or magistrate authorizing the police to conduct a search of your person, location or residence in order to find evidence of a criminal offense, and if finding such evidence, seizing it.

Under the Fourth Amendment to the United States Constitution, in order for most warrants to be issued, "probable cause" is necessary.

Any police entry of an individual's home always requires a warrant (for either search or arrest), absent extenuating circumstances such as hot pursuit of a felon, imminent destruction of evidence, preventing a felon's escape, or a real risk of harm to police or others.

Probable cause may be based upon direct information, for example an officer's personal observation. It can also be based upon hearsay - so long as the source of the hearsay is reliable, as determined by a entirety of the circumstances.

In Virginia, for probable cause to exist, these conditions must be met:

It is more likely than not that the specific items to be searched for are connected with criminal activities

Those items will be found in the place to be searched

In Virginia, search warrants are not required for the following:

• Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
• Automobile searches: If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
• Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as the factors mentioned above: Hot pursuit of a felon, imminent destruction of evidence, preventing a felon's escape, or a real risk of harm to police or others.
• Plain view: A search warrant is not required if the officer sees a suspect object that is in plain view. For example, if a police officer stops you for a traffic violation and sees bags of white powder lying on your car seat, a search warrant isn't necessary to investigate the nature of that powder more closely. The deciding factors here are that the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband
• Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches. As a rule of thumb, it's always better to deny consent. You may have items on you that are illegal without you even knowing it. (Mace, pepper spray, knives all come to mind.)

It should be noted that police officers have tried to circumvent this "consent" limitation. One case in point involved searching luggage on a Greyhound bus for illegal drugs without the requisite probable cause. The police officers "asked" each rider to open up their luggage - without informing them of their right of refusal. The Supreme Court ultimately sided with the police, ruling that the officers had no obligation to inform the bus riders they could refuse the search.

This holds true when being stopped for a minor traffic violation. The officer may "ask" you to open up your trunk, without stipulating you can refuse. The intimidation factor alone causes many innocent people to comply.

Booking or Being Booked 

After being arrested in Virginia, you'll be brought by the police to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. Your personal property such as jewelry will be cataloged and stored.

Having an Attorney, Appointing an Attorney  

If you have an attorney, you have the right to have him or her present during any questioning. In Virginia, if you can't afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney (called the public defender) will be appointed to defend you.

Once you've been appointed a public defender, you are more or less stuck with the State's choice. You may ask the court to appoint a substitute attorney only for good cause. In Virginia, this is more than merely being dissatisfied with your appointed attorney. A substitute attorney may be requested for:

• A conflict of interest between you and the attorney
• Your attorney becomes ill and cannot continue to represent you
• There is substantiated reason to believe your attorney is not providing effective assistance.

Arraignment  

During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. There are four pleas you can make in Virginia:

• Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and that you were the one who committed that crime.
• Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
• No contest plea: A "no contest" plea (nola contendere: I will not contest it) indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
• "Mute" plea: In Virginia, you may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.

During this arraignment process, the court will also:

• Set bail
• Refuse to set bail; or
• Release you on your own personal recognizance, which means the court takes your word that you will appear when necessary for later court obligations.

Bail/Bond  

"Bail" is money or property given as security to ensure that you'll show up for further criminal proceedings.

In Virginia, bail can be paid:

• In cash
• A pledge of property (if permitted in that court)
• A bail bond

A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. In return, they usually charge the defendant 10% of the bail fee as compensation for their services.

If you don't show up for these further proceedings, the bail is forfeited - plus in Virginia you'll also be guilty of the crime of failure to appear. In most cases bail money is returned at the end of the trial, no matter whether you are found guilty or not guilty of the crime.

If you hire the services of a bail bondsman, be aware the law usually allows them to use the services of bounty hunters should you choose to flee from justice - commonly called jumping bail.

The bounty hunter is paid a portion of the bail the "bail jumper" originally paid through the bondsman. If the fugitive eludes capture, the bondsman, not the bounty hunter, is responsible for the remainder of the bail.

Bounty hunters are also sometimes known as "bail enforcement agents" or "fugitive recovery agents." Unlike police officers, they have no legal protections against injuries to non-fugitives and few legal protections against injuries to their targets.

Speedy Trial 

Under the Sixth Amendment of the United States Constitution, you have a right to a speedy trial. This requires the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.

"Speedy" however is a relative term.

Speedy Trial Rights in Virginia  

With limited exceptions, a defendant should be brought to trial in Virginia:

• Within 5 months if the charged crime is a felony and the defendant is in custody
• Within 9 months if the charged crime is a felony and the defendant is not in custody but is out on bail or personal recognizance.
• Within 5 months if the accused crime is a misdemeanor or a traffic infraction and the defendant is in custody
• Within 9 months if the accused crime is a misdemeanor or traffic infraction and the defendant not in custody but is out on bail or personal recognizance.

A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is a lesser offense usually punishable by a fine or a year or less of incarceration.

Going to Trial  

Many prosecutors will consider "plea agreements," although it's not legally required.

A plea agreement or plea bargain, plea deal or copping a plea in Virginia is an agreement in a criminal case where the prosecutor and defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest in exchange for some agreement from the prosecutor as to what punishment they'll receive.

In Virginia, a plea agreement or bargain can also include agreeing to charges of a lesser crime (also called reducing the charges), and/or dismissing some of the original charges against you.

If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage. At trial, you can either be found innocent (acquitted) of the charges brought against you by a jury of your peers, be acquitted of some charges and found guilty of others (if charged with multiple counts), or have a "hung jury: A "hung jury" means guilt or innocence could not be determined. This usually results in a mistrial and new legal proceedings.

You can also plead guilty and take the consequences, or chose a bench trial - waiving the right to trial by jury and have the facts of your case weighed and decided upon solely by the judge.

Appeals

If you're found guilty after a trial, you're entitled to an appeals process. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal.

In Virginia, you generally have 30 days after a judgment to file an appeal.

There are many reasons why you may want to appeal a guilty verdict in a criminal case, including what's called "legal error."

Legal error may include:

• Evidence was allowed during the criminal process that should have been inadmissible, including evidence that was obtained in violation of your constitutional rights
• Lack of sufficient evidence to support a verdict of guilty
• Mistakes in the judge's instructions to the jury regarding your case

You may also appeal due to a juror or jurors misconduct, or if newly discovered evidence proves your innocence.

To obtain a general overview of criminal defense, please click here

To learn more about the laws pertaining to criminal defense in Maryland or Massachusetts, please click on the state.

Some examples of the types of criminal cases we handle in Virginia are: Defense of murder / manslaughter charges, larceny & embezzlement defense, sex crimes defense, DUI & DWI defense , malicious wounding representation. To view a more comprehensive list of cases we can assist you with, please click on the HOME page.

Please do not hesitate to contact us. If you wish to schedule an appointment or consult with a SRIS, P.C. Virginia criminal lawyer at our Fairfax, Manassas, Richmond or Virginia Beach office, please feel free to call us at 888-437-7747, email us or complete our on line form . A SRIS, P.C. Virginia criminal attorney will talk with you and advise you how we can best defend you.

Our Virginia criminal defense attorneys and staff in Fairfax, Manassas, Richmond & Virginia Beach speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Although our Virginia criminal lawyers are licensed to practice in Virginia, Maryland & D.C., our Virginia criminal attorneys defend clients charged with criminal offenses in Virginia only.