Posts Tagged ‘Virginia Central’

General Reckless Driving In Virginia

Virginia State Law Section 46.2-852

If you have received a reckless driving ticket in Virginia, then you have just gotten charged with a very serious traffic offense that is a criminal charged. You need the help of an experienced Virginia reckless driving defense attorney. The SRIS, P.C. reckless driving defense attorneys in Virginia are former prosecutors and former law enforcement officers. You can count on our Virginia reckless driving defense attorneys working hard to defend you in Virginia courts and Virginia federal courts.

General Reckless Driving In Virginia – Virginia State Law Section 46.2-852

Irrespective of the maximum speeds permitted by Virginia law, any person who drives a vehicle on any highway in Virginia, recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
Virginia Code Section 46.2-852 defines reckless driving as driving in a manner that endangers life, limb or property. VA Code Section 46.2-852 is the general reckless driving statute. Virginia Code Section 46.2-852 is class 1 misdemeanor in Virginia. The maximum penalty for a conviction of VA Code Section 46.2-852 is 12 months in jail, $2500 fine, 6 months loss of license in Virginia and six points on your Virginia driving record.

If you have received a general reckless driving ticket in Virginia for driving in a manner that endangers life, limb or property, contact the Virginia reckless driving defense lawyers of SRIS, P.C. We can HELP!

SRIS, P.C. has offices in Northern Virginia, Central Virginia, Western Virginia & in the Hampton Roads/Tidewater Area. We have 4 former prosecutors and even a former state trooper who can defend you. Our highly skilled Virginia reckless driving attorneys can defend you in Virginia federal courts as well.

• Northern Virginia Offices – Fairfax & Manassas
• Central Virginia Office – Richmond
• Hampton Roads/Tidewater Area – Virginia Beach
• Western Virginia – Lynchburg

Call us at 888-437-7747 today for help or reach us on line.

Virginia has one of the most comprehensive reckless driving laws in the country. If you have received a reckless driving ticket in Virginia, you can count on our reckless driving defense attorneys to work aggressively at defending you against any type of reckless driving citation in the Virginia courts. The following are some of the most commonly charged reckless driving offenses in Virginia:

Reckless Driving Charge In Virginia Due To Speeding – Virginia Reckless Driving State Law 46.2-862
General Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-852
Racing is Reckless Driving In Virginia - Virginia Reckless Driving State Law 46.2-865
Virginia Reckless Driving – Two Abreast In A Single Lane – Virginia Reckless Driving State Law 46.2-857
Passing Two Vehicles Abreast Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-856
Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-859
Failure to Yield Right of Way In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-863
Failure to Give Proper Signal Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-860
Driving Too Fast For Conditions In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-861
Faulty Brakes / Driving Vehicle Not Under Control In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-853
Passing At Railroad Grade Crossing In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-858
Driving On Parking Lots Recklessly is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-864

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THE MASSACHUSETTS, MARYLAND & VIRGINIA ATTORNEYS OF SRIS, P.C.

Assisting clients in the areas of criminal/traffic law, divorce/family law, immigration, military law & bankruptcy law

Licensed in Virginia (VA), Maryland (MA), D.C. & Massachusetts (MA)

Atchuthan “Sris” Sriskandarajah is an aggressive Northern Virginia criminal attorney licensed to practice in Virginia and D.C. He has been the president and CEO of SRIS, P.C., since 1997. He has expanded the firm’s presence significantly, both in terms of recognition and quality. The firm currently has offices in Virginia, Maryland & Massachusetts. The offices in Virginia serve Northern Virginia, Central Virginia, Hampton Roads/Tidewater area & Western Virginia.  The Virginia offices are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond, Virginia Beach. The offices in Maryland are in Rockville & Baltimore. The offices in Massachusetts are in Boston & Cambridge. Mr. Sris primarily handles criminal law matters in the areas of complex white collar crimes in both the federal and state courts, drug violations (E.x. possession with intent to distribute cocaine, marijuana, ecstasy), and sex offenses cases (E.x. rape, sexual assault, child molestation, computer sex crimes).  Mr. Sris works frequently with Mr. Block in the defense of his clients.  The combination of Mr. Sris’ prosecutorial experience with Mr. Block’s law enforcement experience is extremely beneficial to the clients of SRIS, P.C.

One of the strengths of the firm is that law firm uses a collaborative approach to ensure that each client receives the benefit of the entire firm’s combined experience.

Although, Mr. Sris is licensed in D.C., he handles cases only in the Virginia federal and state courts as a Virginia trial lawyer. His trial practice is very trial oriented and he devotes 70% of his practice to taking cases to trial. Sris’ educational background includes the Quinnipiac College School of Law in Hamden, Connecticut, and George Mason University in Fairfax, Virginia, with a Bachelor of Science in Accounting. Mr. Sris is well known for his aggressive trial skills and is not averse to applying these skills in the defense of his clients if he and the clients jointly determine it is in the client’s best interests to go to trial.

Sris’ experience as a former prosecutor for the Town of Haymarket, Virginia, benefits his defense clients.

In addition to defending clients for SRIS, P.C., Sris was also the former prosecutor for the town of Haymarket, Virginia. His first-hand experience as a prosecutor is extremely beneficial to his clients. His experience as a prosecutor helps him advise his clients who seek representation in criminal law matters of their rights and conditions that may affect their cases. Sris’ experience as a former prosecutor also help his clients in criminal law matters because he is able to advise them of the elements and evidentiary thresholds that a prosecutor must satisfy to secure a conviction. By giving criminal law clients a realistic view of their cases, Sris knows that informed clients will make sound decisions in protecting their freedom in criminal law matters.

Sris is involved with his community.

Community involvement is very important to Sris, as evidenced by his membership in two professional associations. He is an associate of the American Inns of Court – George Mason Chapter; as well as the Kiwanis Club of Manassas, VA.

He speaks both English and Tamil.

The following is a brief description about our attorneys and their practice areas.  If you wish to learn more about them, please feel free to read their biography.  Remember, if you ever need a lawyer in Virginia, lawyer in Maryland or a lawyer in Massachusetts, you can turn to the Law Offices of SRIS, P.C. for the quality of representation you are seeking.

From our Fairfax Office, Mr. Green, Mr. Sris, Mr. Moon & Mr. Wood represent clients with criminal and traffic matters (reckless driving, driving on suspended, DUI) in Northern Virginia. Ms. Hissong, Mr. Wood & Mr. Moon are the primary family law & divorce law attorneys in Northern Virginia for SRIS, P.C. They frequently represent clients with divorces and child custody cases in Northern Virginia.

Mr. Wood also assists client with military law cases throughout the US & the world.

Mr. Moon also assists clients who need assistance with getting a fresh start with their life by assisting them with Chapter 7 Bankruptcy cases.

Ms. Syriani represent clients with immigration matters throughout Virginia & Maryland.  She is also fluent in Arabic.

From our Richmond & Frdericksburg Office, Mr. Block & Mr. Combs respectively represent clients who are charged with criminal and traffic offense throughout Central Virginia & Southern Piedmont.

Mr. Herrero assist clients throughout the Hampton Roads/Tidewater Area and Sussex, Prince George, Brunswick & Emporia (South Eastern Virginia) with criminal & traffic matters and domestic relations cases from our office in Virginia Beach.  Mr. Herrero is fluent in Spanish.

Mr. Brittle has significant experience in dealing with environmental law in Virginia, primarily as it relates to underground storage tanks.

Mr. Mayhew represents client throughout the Shenandoah Valley, Southwest Virginia & parts of Southern Piedmont in the areas of criminal & traffic law, divorce & child custody & immigration matters from our office in Lynchburg.  Due to his close proximity to Radford, he frequently assists clients who are charged with DUI offenses in Radford, Virginia.

Ms. Michelle Campbell represent clients throughout Maryland primarily in the areas of criminal & traffic law, family law & sex crimes defense from our office in Baltimore, Maryland & Montgomery Maryland.

Ms. Kim Carnevale represent clients in Massachusetts regarding criminal defense matters, divorce & family law from our Boston, Massachusetts main office.  She also assists clients from our Cambridge, Massachusetts Office.

To view our attorneys’ background please click on the links below. If you wish to consult a SRIS, P.C. lawyer, please simply contact us via email or phone at 888-437-7747 .  An attorney of SRIS, P.C. will gladly consult with you regarding your matter.

To better serve our clients, we have offices in Virginia (VA), Maryland (MD) & Massachusetts (MA).

• Our offices in Virginia are located in Fairfax, Manassas, Richmond, Lynchburg, Fredericksburg & Virginia Beach.
• Our offices in Maryland are located in Rockville & Baltimore.
• Our office in Massachusetts is in Boston & Cambridge.

The attorneys of SRIS, P.C. are licensed to handle criminal/traffic law cases, family/divorce matters, immigration cases, administrative hearings & bankruptcy cases in Virginia, Maryland, District of Columbia & Massachusetts. However, at the present time, our lawyers represent clients only in Virginia, Maryland & Massachusetts at the present time.

The lawyers of SRIS, P.C. also represent clients before the federal courts of Virginia, Maryland & Massachusetts.

SRIS, P.C.

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DUI & DWI DEFENSE

QUESTIONS ANSWERED BY ATTORNEYS LICENSED IN VIRGINIA, MARYLAND & MASSACHUSETTS

Our Massachusetts, Maryland & Virginia DUI/DWI defense attorneys are frequently asked questions regarding criminal defense. We hope that the answers you find herein answer some of your basic questions regarding DWI/DUI defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia DUI defense defense lawyers, Maryland DUI defense lawyers or Massachusetts DUI defense lawyers, please feel free to call us, e-mail us or contact us via our fast on line form. We are here to defend you.

contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.

• In Virginia, we have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater area and Western Virginia. The following are our specific office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Annapolis.
• In Massachusetts, we have an office in Boston.

If you wish to consult with a Virginia DUI/DWI/OUI/DUID defense attorneys, Maryland DUI/DWI/OUI/DUID defense attorneys or Massachusetts DUI/DWI/OUI/DUID defense attorneys, please free to call us, email or contact us via our on line form.

Please click on the state if you wish to see some of the drunk driving laws in:

• Virginia DUI Laws
• Maryland DUI/DWI Laws
• Massachusetts DUI/OUI/DWI

DUI (Drunk Driving) Defense

Arrested for drunk driving? Even if you think you’re guilty, it’s still in your best interest to get a lawyer!

After being arrested for drunk driving, DUI or DWI, you may feel so ashamed you believe you should go into court and beg for mercy, or just get it over with by pleading guilty to driving drunk and take your punishment.

However, you may not be the best person to evaluate all the facts. Even if you have legal training in the specialized area of DUI or DWI (which is not usually the case), if you’ve been accused of driving drunk you probably don’t have the objectivity required to scrutinize your case for any or all possible weaknesses or defenses.

Thankfully, our American system of justice requires that the prosecution has the burden of proving beyond a reasonable doubt the guilt of anyone accused of DUI or DWI. This is the same legal standard used in the most serious of criminal cases.

This is important! It is not “just a DUI!” Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences.

A qualified DUI lawyer or DWI attorney will be able to analyze the case through the eyes of a trained professional. An experienced DUI attorney will know the difference between someone that merely “feels” guilty, and someone that actually is guilty, based on the law and applicable legal standards.

Never leap to conclusions about your own innocence or guilt! A conviction for DUI has many burdensome consequences. So before you throw yourself upon the mercy of the court, make sure you’re not needlessly throwing yourself off the bridge as well.

Actual DUI/DWI Defenses

Even if the breathalyzer says you’re above the legal limit, that doesn’t automatically mean you’re guilty!

There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense.

Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, you as defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge.

Many people have a common misconception. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence.

Under The Influence of Alcohol or Drugs

“Under the influence” is defined differently in each state, but generally it means a person has been drinking liquor (or taking drugs) to the extent that their physical and mental abilities are so impaired they no longer have the ability to drive a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in any given case. An experienced DUI or DWI lawyer will know what type of driving patterns are consistent with sobriety, what the field sobriety tests revealed, and what factors could have influenced the chemical testing, thus making it unreliable.

The Rising BAC Defense

A DUI or DWI lawyer will know whether the defendant’s BAC (Blood to Alcohol Concentration) was “rising” – below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it.

Alcohol is absorbed into the body over time. Many factors, such as drinking patterns and stomach contents, can impact how quickly the alcohol gets into the system. It’s quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase over time, to a point of being above the legal limit when the breath or blood test was administered.

Other defenses relate to the reliability of the actual chemical test results. Some people, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It only takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction – unless any mitigating factors are fully explored by a qualified DUI or DWI defense lawyer.

Every state has laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine wasn’t properly trained or certified in testing DUI suspects.

A criminal defense lawyer who only practices general criminal defense may not even know where to look for this information. A qualified and experienced DUI / DWI defense lawyer, on the other hand, will.

Why Use an Experienced DUI/DWI Attorney?

• A DUI lawyer will review the actual police reports for any inconstancies
• A DUI lawyer will suppress evidence that should be kept out
• A DUI lawyer will get calibration records and accuracy checks of the actual breathalyzer machine used
• A DUI lawyer will have blood samples re-tested by an independent lab
• A DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors
• A DUI lawyer will go to court on your behalf, so you don’t have to disrupt your normal schedule
• A DUI lawyer will get expert witnesses for you to support your case
• A DUI lawyer will represent you to protect your driver’s license.

In short, a qualified DUI / DWI lawyer will know what to do to protect you, even if you think you are guilty.

REMEMBER! There is a big difference in feeling guilty, and being guilty!

A well-qualified DUI or DWI defense lawyer will know how to properly mount a defense on your behalf in all these following areas:

• Driving while intoxicated
• Probable cause
• Miranda warnings
• Implied consent laws and warnings
• “Under the influence” and blood-alcohol concentration
• Actual Testing during the alcohol absorptive phase
• Retrograde extrapolation
• Regulation of blood-alcohol testing procedures and apparatus – including the breathalyzer
• License suspension hearings

Finding The Right Lawyer

After being arrested for DUI or drunk driving, the first and most important thing to do is finding the right lawyer skilled and experienced in this particular aspect of criminal defense. It’s like searching for a doctor to do an important medical procedure; once you find the right professional, your job is let them do the work.

At SRIS, P.C. each of our member lawyers have a proven history of success at going to trial in their appropriate cases. When you need an attorney with specific DUI or DWI defense experience, you’ll get an attorney who knows the ins and outs of the specific drunk driving statutes in your state.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information – such as attending conferences and lectures emphasizing the latest in DUI or DWI defense. Our DWI defense attorneys also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.

Our firm has case specific attorneys – all committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense.

AFFORDING THE RIGHT DRUNK DRIVING LAWYER

As with most criminal defenses, the cost of a DUI / DWI defense attorney varies Here are just some of the major factors involved:

• Geographic location of the actual arrest
• The attorney’s reputation, skill and training
• Number of hours required for a particular case
• Whether an accident or other aggravating factor is involved
• Prior DUI or DWI convictions
• Whether a jury trial is necessary
• Whether a DMV or driver’s license hearing is necessary
• Whether an expert witness or witnesses are necessary

Each of these factors, and more, affects the fee charged by a DUI attorney to defend you against drunk driving charges.

Our Guarantee to You

As SRIS, P.C. we guarantee you the following:

There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case.

All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.

There is always a written retainer agreement, specifying all details and payments expected.

Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case is an important decision. There’s a lot at stake. We know that no matter how many cases we’ve handled, or whom we’ve represented before, the only case that matters to you is yours.

You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away.

COMPLETE CONFIDENTIALITY

As with every case we handle, you can rest assured every aspect of your defense will be held in the strictest of confidence. You’ll never have to worry about “leaks” or embarrassing revelations being made public by anyone on our staff – from the secretary at the front desk to the attorney handling your case. DUI’s and DWI’s are no exception.

Even if matters become a part of the public record – we still treat your information as private. No exceptions, no excuses. You have both our word and reputation on it.

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Criminal Defense FAQs in Virginia, Maryland & Massachusetts

Our Massachusetts, Maryland & Virginia criminal defense attorneys are frequently asked questions regarding criminal defense.  We hope that the answers you find herein answer some of your basic questions regarding criminal defense in Virginia, Maryland & Massachusetts.  After you read this, if you wish to talk to our Virginia criminal defense lawyers, Maryland criminal defense lawyers or Massachusetts criminal defense lawyers, please feel free to call us, email us or contact us via our fast on line form.  We are here to defend you.

Contact us for a skilled, effective criminal defense in Virginia, Maryland or Massachusetts. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.

• In Virginia, we have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater area and Western Virginia.  The following are our specific office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Annapolis.
• In Massachusetts, we have an office in Boston.

What should I look for when I am hiring a criminal defense lawyer?

If you need to hire a criminal defense lawyer either for yourself or a loved one, you should first and foremost look at the criminal defense attorney’s qualifications. Then you should talk to the lawyer about his/her criminal experience in defending criminal charges. Also, make sure that you inquire about the attorney’s experience in defending the specific criminal matter you have been charged with. There are many attorneys who claim to be criminal defense attorneys, but have a very limited trial experience. Make sure the criminal defense lawyer you hire is a seasoned trial attorney. Lastly, make sure the criminal trial attorney you hire has regularly appeared before the judges of the county or city you have been charged in. Each county or city has its own particular nuances and you do not want a criminal defense attorney who does not know about the particular court.

I really want to talk to someone about my criminal case. Is it okay for me to talk with my friends or family about my criminal charges?
Never talk to anyone other than the criminal defense attorney you hire about your criminal charges. Any verbal or written statements you make may be used against you in court of law. When people get arrested for a crime, they are scared and they want to talk to someone who will listen or sympathize with them about their bad fortune. If you are sitting in jail and waiting to get bond, you may want to talk to someone in the jail about your case. DO NOT DISCUSS YOUR CASE WITH ANYONE. People who may be sitting in the same jail cell as yourself will try to rat you out if they think that giving information to the police will get them a better deal in Court. Lastly, do not talk to the Press at all. Let your criminal defense lawyer decide what if anything should be said to the press.

How does a criminal case start?

Most criminal cases start with the police doing some preliminary investigation as whether there is probable cause to arrest a person who they think has committed a crime. If the police think they have probable cause to charge a person with a crime, then they may issue a summons or a warrant for the person’s arrest. Once a warrant for a person’s arrest is issued, then the person will be formally charged with a crime and taken in to be booked and brought before a magistrate. The magistrate will then set the bond. The bond may be a personal recognizance bond, cash or corporate surety bond, or no bond and other conditions of bond may also be set by the magistrate. Subsequent to the initial determination of bond by the magistrate, the person charged with a criminal act will appear before a judge. The judge will again advise the person accused of a crime of their right to have an attorney and if they cannot have an attorney, they will be provided with a court appointed attorney who is a member of the private bar or a public defender. Then there will usually be a preliminary hearing to determine if there is sufficient probable cause for the case to go forward. If the judge decides that there is sufficient probable cause for the case to go forward. Then one of the following things may happen: a trial date will be set, motions will be filed to resolve pre trial issues and then the matter will be tried before a jury or before a judge called a bench trial or the criminal charge may be set for a plea and then plead out on certain date and the client will be sentenced shortly thereafter by the judge.

What is the difference between a felony vs. a misdemeanor?

First and foremost, a felony charge is a lot more serious criminal charge than a misdemeanor. Generally, a felony conviction will result in a period of jail time in excess of one year and higher fines. A misdemeanor criminal conviction is still a criminal conviction that will appear on your criminal record. However, a misdemeanor is a lesser criminal offense than a felony since the maximum period of incarceration for a misdemeanor is only up to a year and the fines imposed are much lower than a felony generally.

What happens in a criminal trial?

Criminal trials were created to give a person accused of a crime a fair and impartial adjudication where the government is given an opportunity to prove whether the person accused of a crime is innocent or guilty beyond a reasonable doubt.

Can anyone say anything about me in a criminal trial?

No. In a criminal trial, there are certain rules called the rules of evidence that vary from state to state as to what can be introduced against a person accused of a crime. It is very important to hire a lawyer who is very knowledgeable about the criminal rules of evidence. The reason it is so important to hire an extremely experienced criminal defense attorney who thoroughly understand the criminal rule of evidence and rules of criminal procedure is so that you can ensure that your rights are not abridged in a criminal trial. The rules of evidence are very complex and if your criminal lawyer does not know what can or cannot be used against you in a criminal trial, the prosecution may introduce some very damaging evidence against you that may very prejudicial to you.

Is the criminal justice system really designed to afford me the concept of innocent till proven guilty?

Yes, in great part the criminal justice system is designed to provide you with cloak of innocent till proven guilty. However, that does not mean that the prosecution will not try to tear this cloak at every chance they get. That is why it is so very important to make sure you get the best criminal defense possible.

What does it mean to be found guilty beyond a reasonable doubt?

The best way to answer this question is to quote a jury instruction that best sets out in our opinion, the concept of reasonable doubt in a criminal case:

• The burden is upon the prosecution to prove by the evidence beyond a reasonable doubt every material and necessary element of the offense charged against the defendant. It is not sufficient that you may believe his guilt probable, or more probable than his innocence. Suspicion or probability of guilt, however strong, will not authorize a conviction, but the evidence must prove his guilt beyond a reasonable doubt. You shall not speculate or go outside of the evidence to consider what you think might have taken place, but you are to confine your consideration to the evidence introduced by the prosecution and the defense and unless you believe, upon a consideration of all the evidence before you, that guilt of the defendant has been proved beyond a reasonable doubt as to every material and necessary element of the offense charged against him, then you shall find the defendant not guilty.
• The burden resting upon the prosecution to prove guilt of the defendant beyond a reasonable doubt does not require that such guilt be proven beyond every imaginable, conceivable or possible doubt, but only beyond a reasonable doubt . You must limit your consideration to the evidence introduced, and you are not to go outside the evidence to hunt up doubts, nor must you entertain doubts that are speculative or conjectural. If, upon a consideration of all the evidence, you are satisfied of the guilt of the defendant beyond a reasonable doubt, then you shall find him guilty.

What does it mean to make a guilty plea?

A guilty plea is an admission of having committed the crime you are accused of committing. Once you enter a guilty plea, the government does not have to prove you are guilty.

If I am charged with a crime, it is possible to plea bargain?

Yes, you can try to plea bargain with the government about being convicted of a lesser criminal charge or to try an obtain a plea agreement to a sentence that is lower than the maximum penalty you may receive if you plead guilty straight up to a judge without a plea agreement. However, be advised that even if you get a plea agreement from the government, the judge is not bound to accept the plea agreement in part or its entirety. Once you enter a plea of guilty, the judge can totally ignore the plea agreement and sentence you to anything that is within the range of the criminal charge you are charged with.

Does my criminal defense lawyer decide to make a plea bargain or do I decide to make a plea bargain?

The decision of whether to enter into a plea agreement is ultimately one that only the client can make. The benefit of having an experienced criminal defense lawyer assist you in deciding whether to enter into a plea agreement is that you will be able to draw upon the criminal defense attorney’s experience in deciding whether you should accept the plea agreement offered by the government or not. Also, an experienced criminal defense lawyer may be able to negotiate a more favorable plea agreement than an inexperienced criminal defense lawyer because the experienced criminal lawyer will be able to evaluate the strengths and weaknesses of the government’s case and also will not be “gun shy” about taking the case to trial if necessary.

What other factors should I consider when I am deciding whether to go to trial vs. entering a plea of guilty to a criminal charge?

A person should not only look at the short term consequences of taking a matter to trial vs. a plea, but also the long term consequences. A criminal conviction may have a very long term impact of your future. A criminal conviction may result in you not being able to get certain jobs, affect your immigration status, and take away certain rights you are entitled to as a citizen.

Some attorneys are claiming that they can guarantee the outcome of my case if I pay their fee. Other attorneys are saying no attorney can guarantee the outcome of my case. Who is correct?

No attorney who is honest and ethical can guarantee the outcome of a criminal charge that is pending against you. The only thing any honest and ethical criminal defense lawyer can guarantee a client is that they will do their absolute best for their client. As a general rule, run away from attorneys who you instinctively do not trust.

Criminal Justice – What To Expect in “The System”

What can you expect after your arrest and you’re brought into the criminal justice system?

After your arrest – either for a misdemeanor or felony, you’ll be “arraigned.” This is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged.

We’ll assume you enter a plea of not-guilty, which almost every defendant does at this early stage. The following steps will happen next at the arraignment:

A date for the next procedural event in your case is set by the judge
Any bail requests that you or the prosecutor make are considered
If you can’t afford a lawyer, the judge appoints one for you
You may be asked by the judge to “waive time” — giving up your right to have the trial or other statutory proceedings occur within specified periods of time.

Do I Need A Lawyer At My Arraignment?

At this early stage most people can handle the arraignment proceeding without a lawyer. However, if you has the resources and can arrange for private representation before your arraignment, it’s always better to have a lawyer.
Even if you forego hiring a lawyer at the arraignment, it’s best to a retain one as soon as possible after your arrest. The first priority is often getting out of jail, and this means getting an attorney to arrange your release. Your attorney can also provide you with valuable information about what’s to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that’s usually the lawyer to call — assuming you were satisfied with their services. They’ll already be familiar with you as a person, and won’t have to start from “square one” in order to get the ball rolling on your possible release and ultimate defense.

Defense Attorneys: Well Worth The Expense

Many people ask how much it’ll cost to hire a defense attorney. There are no hard and fast rules. Defense attorneys set their own fees, which vary according to a number of factors:

• The Case Complexity. Felony defense usually costs more than misdemeanors, for the simple fact felonies carry greater penalties and are likely to involve more work for the attorney.
• The Attorney’s Experience. Generally, less-experienced attorneys set lower fees than their more-experienced colleagues. It’s like everything else in life… you get what you pay for.
• Geography. Yes – where you live does play a role. For instance, in Massachusetts or Virginia, legal representation will be higher than say a similar case in rural Maryland. It’s simply more expensive to do business in certain areas – and that has a great impact on the going legal rates.

Rules of Thumb: If you are charged with a misdemeanor, don’t be surprised to spend in the neighborhood of $1,000-$5,000 in legal fees. In a felony case, a competent attorney may well run from $5,000-$25,000.

Unless you’ve had prior dealings with your attorney, or are fortunate to have legal help on retainer, most criminal defense attorneys will want all or a substantial portion of the fee paid up front. Contingency fees, arrangements where the lawyer gets paid only if he wins the case, are not allowed in criminal cases.

Self Representation

Let’s be frank: If you can afford it, it’s almost always in your best interests to hire an attorney. However, in some situations it may make sense to represent yourself. Obviously, the less severe the crime you’re charged with, the safer it is for you to represent yourself. For example, minor traffic offenses can usually be handled without an attorney. Even minor shoplifting charges may handled without hiring a lawyer. But, if you’ve been charged with violent offenses or a felony, legal representation is practically a must.

Before you make any decisions to represent yourself, at the very least learn what the punishment is likely to be if convicted, both immediately and in the future. A crime may have a relatively minor punishment for a first offense, but a much more severe penalty if repeated. There’s also the collateral consequences to take into account, such as insurance rate hikes, loss of professional or driving licenses, or even job related repercussions.

It isn’t always the severity of the crime that determines whether someone chooses to represent themselves in criminal proceedings.

• As we discussed, if the likely punishment is minor and fine is less than the cost of an attorney, many people will take their chances and see what happens without an attorney.
• If you’ve been in the criminal justice system before, and already plan to plead guilty (either because the sentence in your case never varies, or you absolutely believe a lawyer won’t be able to mount an effective defense) you may choose to take whatever outcome the court dictates. (Not usually a great idea.)
• If you’re already in jail awaiting trial, self representation can gain you special privileges, such as access to the jail’s law library.

Some defendants purposely choose not to have an attorney for the sole reason of “gaming the system.” Self-represented defendants are not bound by lawyers’ ethical codes. A defendant who represents himself can delay proceedings and sometimes wreak havoc on an already overloaded system by repeatedly filing motions. However, this approach is inherently risky. When the clock eventually runs out, you can rest assured the court and the judge won’t be very receptive to any arguments you might make on your behalf.

There are those who believe that their prior attorney wasn’t competent, and figure they can do just as well on their own. This is often a big mistake.

Then there are defendants who believe all lawyers are part of an overall oppressive criminal justice system, and seek to make a political statement by representing themselves. Usually, these people can be counted on to make a total mess of their defense.

Other Defenses: Entrapment, Insanity, Self Defense, Alibis

Entrapment

In most states, “entrapment” as a defense to a criminal charge is raised when overzealous law enforcement agents induce, encourage or otherwise provoke an otherwise innocent person into committing a crime. The theory behind the entrapment defense is that someone shouldn’t be punished when it was the government who instigated the matter in the first place.

A valid entrapment defense has two related pieces:

• Governmental inducement of the crime, and
• Lack of predisposition on the part of the defendant to commit the crime

The defendant has the initial burden of proving the government induced him to commit the crime. Then the burden rests on the government to overcome an entrapment defense by proving beyond a reasonable doubt the defendant was already predisposed to commit the crime.

Entrapment occurs when the criminal design starts with law enforcement officers, who plant the idea to commit the crime in the mind of an innocent person, and then convince him to do the crime so they can prosecute him.

“Predisposition” focuses on whether the defendant was an unwary innocent who, but for the encouragement of the officers, wouldn’t have committed the crime in the first place.

The fact that law enforcement agents provide the opportunity or place for the crime doesn’t add up to entrapment. Prostitution stings are one example of this. It’s only entrapment when the idea for committing the crime is planted in the defendant’s mind by law enforcement.

Please be aware, it’s exceedingly difficult to prove entrapment. If you plan to use this as a defense, make sure you have an experienced criminal justice attorney on your side. Any law officer who would deliberately entrap a innocent person probably wouldn’t hesitate to lie under oath to protect him or her self from possible prosecution or censure.

Insanity and the “McNaghten” Rule

The most popular definition of insanity is the “McNaghten rule,” which legally defines insanity as “the inability to distinguish right from wrong.”

Some states have amended their laws to include standards of “diminished capacity” or “guilty but mentally ill.” The insanity defense is based on the belief that it is inherently unfair to punish people for their criminal acts if they’re not mentally responsible for their actions.

There are also some courts allowing defendants to argue that that they understood their behavior was criminal, but were unable to control it. This is sometimes called the “irresistible impulse” defense.

The insanity defense is not used as often as the general population may believe. Judges and juries frequently don’t accept it. Plus, a determination of insanity doesn’t mean a “get out of jail free” card for the person accused – but rather the defendant is forcibly confined to a mental institution instead.

Incompetent to Stand Trial

“Incompetent to stand trial” refers to a defendant’s mindset at time of trial. A person must be mentally able to at least understand the charges and face his or her accusers. A trial usually will not proceed unless and until competency occurs.

Self Defense

The doctrine or defense of “self defense” is what’s called an “affirmative defense.” The prosecution must disprove self-defense beyond a reasonable doubt.
While the laws to self-defense may vary from state to state, a person is generally justified in using physical force when it’s necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by the other person.

This leads us to the question: How much force can you apply in self-defense?

The answer: A degree of force you reasonably believe to be necessary to defend yourself or another person from an illegal use of force on the perpetrator’s part.
Deadly Force – Killing the Perpetrator

Can you ever respond to an attack or threat of an attack by using deadly force? Deadly physical force may be used only if you reasonably believe a lesser degree of force is inadequate, and you have a reasonable belief that you or another person is in imminent danger of being killed or of sustaining great bodily injury.

Make My Day Laws

Some states have “make my day” laws allowing a person to use deadly physical force against an intruder they believe has unlawfully entered their home with the intent to commit a crime once inside. These laws assume that citizens have a right to expect absolute safety within their homes, and in case of injury or death these statutes prohibit the perpetrator engaged in the illegal activity (or their families) from coming back and pressing charges against the homeowner.

When Self Defense is No Defense

If you’re the one who unlawfully provoked the use of physical force by another person, you can’t claim self defense. In other words, if you picked the fight, you can’t say you were merely defending yourself – unless you’ve communicated your withdrawal from the encounter and the other person continues the altercation.
Also, physical force isn’t justified where it’s the result of an unauthorized combat by agreement. In other words, you can’t just beat up on someone in a staged street fight.

Alibi

Unfortunately, this word has negative connotations, probably due to all those crime programs and movies where the obviously guilty suspect says “I got me an alibi!”
In actuality, an alibi is just an explanation or reason why the criminal charges aren’t valid – or why you couldn’t have been involved in the crime in the first place.
In order to establish an alibi, an individual must be able to provide proof that he or she was not at the scene of the crime. Often testimony from other individuals can be used to establish where the person was, or wasn’t. Other records such as videos that are date and time stamped, credit card statements, telephone or work records can help establish the location of an individual at the time the crime was committed.

However – as we’ve seen with the unfortunate students at Duke University, having even an iron-clad alibi sometimes is not enough to induce the prosecutor to stop continuing the criminal charges. In cases like these – a competent attorney is more than just a good idea – it can well be a absolute necessity. All too often the cards are stacked gainst a defendant – regardless of their actual guilt or innocence.

Sex With A Minor

This has become one of those “hot button” social issues, especially with the popularity of the sensationalist “To Catch a Predator” television exposés.

The age of consent varies from state to state. Even if you could prove you didn’t know the victim’s actual age, that’s no defense if they were under the statutory minimum. The same goes for the defenses of mistake or lack of knowledge. In most states, an adult engaging in sexual intercourse with a person under the lawful age of consent constitutes a violation of law – commonly called “statutory rape.” For example:

• In Massachusetts, the age of consent is generally 16, except if a minor 16 or 17 years of age is a virgin (…of chaste life). Then sex is illegal.
• In Virginia, the age of consent is generally 18. A person 18 years old and greater having sex with a 13- or 14-year-old faces a felony charge. A person 18 and older having sex with someone age 15, 16 or 17 faces a misdemeanor.
• In Maryland, the age of consent is 16.

(These are by no means inclusive – each state has their own particular codes and legal standards. If you are at all unsure, consulting with an attorney is your wisest choice.)
Of course, you may have actual defenses to charges of statutory rape or other sexual assault or predator crimes. This is once again an area where consulting with an experienced criminal defense lawyer is absolutely crucial, especially attorneys who’ve handled sexual assault cases before. The courts and judges won’t hesitate to throw the book at you if convicted. And even after your incarceration, you’ll still be stigmatized for the rest of your life.

The Ultimate Punishment – Defending Against The Death Penalty

Murder, violent rape, kidnapping – these and other similar crimes may call for the ultimate punishment. The Death Penalty. In these types of crimes, very often the perpetrator leaves behind his or her DNA, either on the victim or at the crime scene.

If you are innocent, DNA is the best way for a defense lawyer to prove it beyond a reasonable doubt.

DNA testing can positively exclude someone as the perpetrator of a crime. But because it’s so expensive, and people charged with crime are often poor and dependent on the court-ordered funding for their defense, oftentimes it isn’t done.

If you believe you or someone you know has been wrongfully charged with a crime, make sure you ask you lawyer to seek out any possible DNA evidence for testing. If necessary, apply for the court to pay for it.

BUT PLEASE TAKE SPECIAL NOTE! Even though DNA evidence may exonerate you – you are well advised to get that proof BEFORE conviction. Afterwards, it’s a long uphill legal battle to introduce or re-introduce new evidence to the courts.

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Massachusetts, Maryland & Virginia Criminal Justice Judicial Process

Our Massachusetts, Maryland & Virginia criminal defense attorneys are frequently asked questions regarding criminal justice process. We hope that the answers you find herein answer some of your basic questions regarding criminal justice system in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia criminal defense lawyers, Maryland criminal defense lawyers or Massachusetts criminal defense lawyers, please feel free to call us, email us or contact us via our fast on line form. We are here to defend you.

Contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.

• In Virginia, we have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater area and Western Virginia. The following are our specific office locations in Virginia: Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Baltimore.
• In Massachusetts, we have an office in Boston.

The criminal justice system is a complex, confusing and oftentimes harrowing experience – especially for the accused and convicted.

Laws and procedures vary from state to state, plus the federal government has their own set of rules and regulations.

Here are the basics that apply to this overall process:

Crime and Investigation In Virginia, Maryland & Massachusetts

There are as many ways for law enforcement agents (police, Sheriff’s office, federal agents, and so on) to begin the investigative process as there are individual offenses. Shots reported being fired, windows being smashed out in parked cars, domestic disturbances, possible drunk driving being observed, car jacking, theft and robbery … the list is almost endless. And since municipalities, states and the federal government keep adding to the list of criminal activities – there is never a dearth of incidents to investigate.

Search Warrants In Virginia, Maryland & Massachusetts

A search warrant is a written order issued by judge or magistrate authorizing the police to conduct a search. This search can be of your person, a location or specific residence. It authorizes the law enforcement official to search for evidence of a crime, 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.

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 all of the circumstances.

A search warrant is always required to enter an individual’s home, absent extenuating circumstances – known as exigent circumstances. Such exigent circumstances include hot pursuit of a felon, imminent destruction of evidence, preventing a felon’s escape, or a real risk of harm to police or others.

Questioning and Interrogation In Virginia, Maryland & Massachusetts

If stopped by the police or other law enforcement officials investigating a crime, you may be questioned. At this point you are not under arrest. According a recent Supreme Court decision, you are obligated to give the officers your name if asked. They did not address circumstances where giving your name might implicate you in that or another criminal offense – which would violate your Th Amendment rights against self incrimination.

Please take note: As long as you are not being formally arrested, there is no obligation on the part of the police to read you the “Miranda Warning.” However, anything you do offer the police in way of explanation can be used against you in a court of law.

If the questioning is routine, your best bet may be just to politely answer the questions as simply as possible. Do not offer any extra information. However, if you think or suspect that you could be involved in a criminal matter, the best advice is: Stay silent! The police may ask you questions, but outside of your name, you have no obligation to answer them.

If the officer does arrest you, then he or she will read you your rights – the Miranda Warning or Miranda Rule.

The three rights are:

• You have the right to remain silent
• You have the right to have an attorney present during questioning
• If you can’t afford an attorney, you have right to have one appointed by the state

Once you’ve been read your rights, you’ll be asked if you understand them. You’ll be informed that anything you say from that point on can and will be used against you in a court of law. Then you’ll be asked if you voluntarily waive those rights.

There’s only one consideration here: Except to inform the officers that you understand your rights, say nothing more without an attorney!

No exceptions!

Making an Arrest In Virginia, Maryland & Massachusetts

There are three basic ways police or law enforcement agents can make an arrest:

• There is probable cause to suspect you have committed or were involved with the crime or criminal activity. This usually requires a search and/or arrest warrant issued by a judge or magistrate.
• If the officer sees a crime in progress, they don’t need a warrant to arrest the suspect.
• If there is sufficient probable cause to believe a person has committed a felony, they may be arrested even if the officer did not actually see the crime taking place. For instance, if a woman Is found raped and beaten in a park, and an officer sees a man near the scene with bloody scratch marks on his face and no plausible explanation, he can arrest the suspect.

To arrest someone in their domicile or home, a warrant is usually required, unless there is sufficient cause to believe the suspect will try and escape beforehand. No warrant is needed to arrest someone in a public place.

If arrested, you must be charged with a crime or released, usually with 24 – 48 hours after the arrest was made. But note, in all practicality, you will be charged with something – even if it’s the ubiquitous and often times spurious charge of “resisting arrest.”

Filing Criminal Charges

Criminal charges may be filed by police or law enforcement officials either before or after making an arrest. These charges may take the form of a written “complaint,” or if from a prosecutor filing written charges, a writ called an “information.”

In either case, filing charges allows you (the accused) to be kept in custody awaiting additional proceedings. These are usually arraignment and bail hearings.

In some jurisdictions and in the federal judicial system, a jury of citizens called the “grand jury” are presented with the evidence obtained by the prosecutor to decide if there is probable cause to continue with the judicial process or not. In actuality, this is merely a formality, as in almost every case a grand jury will vote to continue the proceedings. As a former New York State Supreme Court Justice one wryly noted: “A prosecutor can get a grand jury to indict a ham sandwich.”

Other jurisdictions use what’s called a “preliminary hearing,” A judge – and not a jury – considers evidence and decides whether or not that evidence meets the standards of probable cause to bring charges against the individual. As you might have guessed, it’s not very often a judge will choose not to indict.

One thing to remember: Being indicted either by jury or judge does not constitute guilt. These are merely accusations. The standard of innocent until proven guilty still applies – at least for now.

Arraignment In Virginia, Maryland & Massachusetts

After criminal charges are filed against you, you’ll make a court appearance known as an “arraignment” usually within 72 hours or sooner after your arrest.

Here you’ll be asked to enter a “plea.” The four pleas you can make are:

• Guilty: You admit you committed the crime in question.
• Not guilty: You state you are innocent of the crime.
• No contest: Legally “Nola contendere: I will not contest it ” indicating that, while you are not admitting guilt, you do not dispute the charge or charges.
• “Standing Mute“: You say nothing. The court will then enter a plea of not guilty by default.

During this arraignment process, the court will also set or refuse bail or

Bail/Bond In Virginia, Maryland & Massachusetts

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

Bail can be paid in cash, a pledge of property, intangible assets (bankbook accounts, certificates of deposit, letters of credit, and certificates for stocks), and even with credit and debit cards. Or the accused might obtain a bail bond using the services of a bail bondsman.

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 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 or skipping 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.

Denying Bail In Virginia, Maryland & Massachusetts

A suspect may be denied bail if the judge believes the accused (now called the defendant) may try to flee the country or jurisdiction, or if the judge feels the defendant will fail to appear. Very serious crimes such as murder, kidnapping or aggravated rape will not be granted bail, and others will have attached such a high bail it has the same effect as denying it outright.

Released on ROR

If the offense is a “common or minor crime” (such as trespassing, or in many cases the ubiquitous “resisting arrest” charge ) the defendant will either pay a token amount and be released, or be released without posting bail – which is known as being released in one’s own recognizance, or “R.O.R.”

Plea Bargaining In Virginia, Maryland & Massachusetts

A plea agreement or plea bargain, plea deal or copping a plea 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 – usually to a lesser offense or one offense out of several – in exchange for some agreement from the prosecutor for a reduced punishment.

While in theory plea bargaining might sound like a equitable way to reduce the case load log jam commonly found in today’s courts, in actuality it can also be used as a form of coercion. You might well be innocent, but if the consequences of a conviction mean 20 years behind bars, a reduced sentence of 1 or two starts to sound might good. The prosecutor gets another pelt in his belt, the state doesn’t have to go through the expense of a trial, and the defendant gets the short end of the stick. What was that song by Meatloaf… “Two out of three ain’t bad“?

In a perfect world, plea bargains wouldn’t exist and every defendant would have their day in court, with guilt or innocence determined by an impartial jury and judge, and each side accorded equally competent lawyers. Differences between defense and prosecution funds would not play a role.

The world isn’t perfect, jury and judges are often prejudiced, and state prosecutors have almost unlimited resources at their disposal. You as a defendant might find it hard to come up with $5,000 bail money, much less mount a costly and lengthy defense.

Your lawyer will consider many factors in whether or not to recommend a plea bargain. These include:

• The strength of the evidence against you.
• The potential penalties if you lose the case
• If you can afford to pay for expert witnesses, investigations, DNA testing, and a myriad of other tools necessary to prove your innocence.

Discovery In Virginia, Maryland & Massachusetts

Before trial, you and your attorney have a right to know what evidence and information the prosecutor has against you. Recent revelations notwithstanding about the antics of the Duke rape case prosecutor (now disbarred), information that shows or tends to show the defendant’s innocence must always be revealed. This is known as “exculpatory” information.

Trial In Virginia, Maryland & Massachusetts

If the defendant decides to plead guilty, he or she must do so in open court and with full knowledge that they are giving up their rights by doing so. There have been cases where the party pleading guilty actually did so knowing full well they couldn’t have committed the crime in question.

The court, if they suspect a defendant is, for whatever reasons, lying about being the perpetrator of the offense, may require the defendant to recite what’s called a factual basis for the plea. Meaning the defendant must testify as to certain facts only the actual guilty party would know.

This requirement also protects a defendant from voluntarily pleading guilty without realizing that their conduct is not actually within the scope of the charges brought against them.

Going to Trial In Virginia, Maryland & Massachusetts

If you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:

• Pleading guilty (as mentioned above) or
• Choosing a bench trial (a trial in front of a judge only)

At a bench trial, you are waiving your right to trial by jury and agree to have the facts of your case weighed and decided upon solely by the judge. This is usually requested when the legal issues are complex enough that the defendant believes the jury might not understand all the nuances and implications of the evidence. It may also be the defendant fears the jury would be overly prejudicial due to the nature of the charges or the crime alleged.

Selecting the Jury In Virginia, Maryland & Massachusetts

Potential jurors may be dismissed “for cause” – meaning that either the prosecutor or defense attorney believes they are incapable of objectively hearing evidence and deciding guilt or innocence by the facts of the case. An avowed racist would not be a good choice as a juror to decide a case where the defendant is one of the classes of people the potential juror hates.

Also to consider is whether the potential juror has pre-existing knowledge of the case (very common in high profile trials), whether they are related to or have any relationship with the defendant and whether or not they are capable of understanding the testimony and the proceeds of the trial.

There’s also what called peremptory challenges. Either the prosecutor or defense attorney may dismiss a limited number of potential jurors for any reason or no reason – with the exception being they can’t dismiss on basis of race in order to skew the racial composition of the jury.

At trial, evidence is presented to establish guilt. This can be direct witness testimony, where witnesses to the offense are questioned by one or both sides.

Documentary evidence can also be provided, such as deeds, letters, personal logs or diaries, email correspondence, bank statements, credit card bills, frequent buyer cards and other paper or electronic trail items.

Demonstrative evidence< is also used, such as victim or accident scene photographs, weapons used to commit a crime, blood stained clothing and similar articles.

The defendant can of course bring and call to testify his or her own witnesses to defend against the charges, and to confront or cross-examine the witnesses for the prosecution.

After the evidence is submitted, weighed, discussed an finalized, the judge “charges” the jury – gives them instruction on the law. The closing and summary statements are given by the prosecutor and defendant’s attorney, and the fate of the defendant then lies in the hands of the chosen jurors.

In very rare circumstances, the prosecution’s case is so flimsy, without basis or merit or so riddled with holes and inconsistencies, the court will issue a summary judgment and dismiss the charges out of hand. In these cases – the jury never gets to deliberate. The Duke Rape trial is just such an instance.

The Jury Decides In Virginia, Maryland & Massachusetts

If the case is not summarily dismissed, the jurors retire into a closed room or venue to deliberate in secrecy. There is no time limit they must adhere to. If it’s minutes or a week – that’s how long it takes.

Upon reaching a verdict, the finding is read to the defendant in open court.

The jury may find the defendant innocent (acquitted) of the charges brought against them, they may acquit on some charges and pass a judgment of guilty on others (if charged with multiple counts), or they may “hang.” A “hung jury” means guilt or innocence could not be determined. This usually results in a mistrial and new legal proceedings. A jury may even convict a defendant of a lesser crime than the charges originally brought.

If found not guilty – then the case is forever closed. The Constitution prohibits double jeopardy – trying someone over and over again for the same offense in order to get a guilty verdict.

If a guilty verdict is returned, the defendant is entitled to an appeal to at least one level of appellate or appeals court. If the case warrants it, an appeal may be made all the way up to the highest levels of appellate courts – usually the State Supreme court or regional appeals courts in the case of federal jurisdictions. Of course, some cases are so important they go all the way to the Supreme Court of the

There are many reasons why a defendant may want to appeal a guilty verdict in a criminal case, including what’s called “legal error.”

Legal error may include:

• Inadmissible evidence was allowed during the criminal process, including evidence that was obtained in violation of a defendants constitutional rights
• Lack of sufficient evidence to support a guilty verdict
• Errors by the judge’s when instructing the jury in matters regarding the case

Appeals may also be made due to a juror or jurors misconduct, or if newly discovered evidence proves innocence.

Jury Nullification In Virginia, Maryland & Massachusetts

There is also the little known and less used acquittal by Jury Nullification. In common law, the jury not only has the obligation to convict or acquit on the basis of the facts and beyond a reasonable doubt – they also have the right to judge the law itself. In effect saying: “Yes, the law does prohibit this action, but we the jury nullify that law in this particular case.”

Judges have traditionally refused to allow any mention of jury nullification in their courtrooms, and potential jurors are usually screened out if it appears they lean towards applying it to the case at hand. Even sitting jurors have been removed for merely mentioning nullification during their deliberations. Yet jury nullification does exist, evidenced and reaffirmed in 1969 by the United States Court of Appeals:

“We recognize…the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision.”

United States Court of Appeals for the District of Maryland: (US vs Moylan, 417 F 2d 1002, 1006 (1969)).”

In fact, the only Supreme Court Justice ever impeached was Justice Samuel Chase – for denying a jury’s right to judge the law.

Notwithstanding, if a juror doesn’t know about nullification, it’s probable they won’t acquit even if they feel the law is too draconian or unwarranted in the particular situation at hand.

SRIS PC

If you’ve been charged with a serious crime or misdemeanor – don’t fool yourself into thinking you can go it alone. You need the help of experienced Massachusetts, Maryland & Virginia criminal attorneys at SRIS PC.

Our Massachusetts criminal lawyers, Maryland criminal lawyers & Virginia criminal lawyers are some of the best in criminal lawyers in Virginia, Maryland & Massachusetts and when it comes to defending you in court, rest assured you’ll get the most professional counsel possible.

Please give us a call to discuss your case. The first consultation is always without cost, and we’ll provide you with a totally honest appraisal of your situation.

Here’s how to contact us: 888-437-7747

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TRAFFIC TICKET QUESTIONS

Answered by Virginia Traffic Lawyers, Maryland Traffic Attorneys & Massachusetts Traffic Lawyers

Our Massachusetts traffic defense attorneys, Maryland traffic defense lawyers & Virginia traffic defense attorneys are frequently asked questions regarding traffic defense. We hope that the answers you find herein answers to some of your basic traffic questions regarding traffic defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia traffic defense lawyers, Maryland traffic defense lawyers or Massachusetts traffic defense lawyers, please feel free to call us, email us or contact us via our fast on line form. We are here to defend you.

The traffic ticket defense attorneys of SRIS, P.C. have offices in Virginia, Maryland, and Massachusetts to better serve you. Our offices are located in the following areas:

• Our offices in Virginia are in Northern Virginia, Central Virginia, Hampton Roads/Tidewater & western Virginia. The following are the different office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are in Rockville & Annapolis.
• Our office in Massachusetts is in Boston.

You can also learn more about the attorneys who assist clients with traffic matters by visiting our attorneys page.  If you wish to contact us, please feel free to call us, email or contact us via our fast on line form.

Traffic Tickets & Citations

• What is a Traffic Ticket?
• What’s the Difference Between Them?
• What Exactly Are Points?
• Will Having Points Affect My Insurance Rates?
• Is Driving A Right?
• Can I Demand a Trial by Jury for Traffic Violations?
• You Mentioned “Moving” and “Non-Moving” Violations. What’s the Difference?
• Are Traffic Laws In Each State the Same?
• What Is The Purpose of Traffic Tickets and Fines?
• Can you Give Me Some Examples of Bending or Breaking The Rules?
• What Information is Included on a Traffic Ticket?
• The Officer Asked Me To Sign The Ticket – Isn’t That Admitting Guilt?
• The Officer Made a Mistake on The Ticket – Is It Still Valid?
• When Does it Pay to Contest or Fight The Ticket?
• If I’m Being Arrested for My Offense, What Should I Do?
• Are There Any Methods I Can Use To Avoid Getting A Ticket In The First Place?
• How Do I Spot Officers In Marked and Unmarked Cars?
• Have You Been Charged With A Traffic Violation?

Q: What is a Traffic Ticket in Virginia, Massachusetts & Maryland?  (top)

A: Traffic Tickets (also known as “Citations”) are violations of traffic law, and are classified as infractions, misdemeanors or even felonies.

Q: What’s the Difference Between Them in Virginia, Massachusetts & Maryland?  (top)

A: An “infraction” is a rather minor, “garden variety” violation of the traffic law. These are usually known as “strict-liability traffic offenses” – meaning the only proof the ticketing officer must show is that the offense was actually committed.Double-parking, parking at an expired traffic meter, failure to properly signal, having a burned out headlight or brake light, not being “buckled up” are all very common infractions. Usually with an infraction, the most that can happen is you pay a fine and that’s that.

If it’s a non-moving violation, points probably won’t be assessed, and your insurance rates won’t suffer. If it’s a moving infraction – such as speeding but below a certain level, the fines can be sometimes steep, you may be assessed points, and your insurance rates may rise as a consequence.

A misdemeanor is a more serious violation of the law, punishable by a year or less in prison and fines. Some examples of traffic misdemeanors would be failing to stop at the scene of an accident, driving without a valid license or insurance, first time DUI / DWI offenses and reckless driving.

 A felony traffic violation is a very serious offense – punishable by more than a year in jail and some very substantial fines.

Vehicular homicide while driving drunk is one example. Multiple DWI / DUI’s are another. Failure to submit to a breathalyzer test is now a felony in many jurisdictions.

Misdemeanors and felonies violations are usually invoked when the driver causes or creates a real threat of injury to a person or destruction of property.

Q: What Exactly Are Points in Virginia, Massachusetts & Maryland?  (top)

A: The Point System is simple in theory. Most every moving traffic violation is assigned a numerical value, from 1 to 12, depending upon the severity of the offense.If convicted of the violation, the judge will send of record of the offense to the State’s Motor Vehicle Department. The DMV will then assign the mandated amounts of points to your driving record.

If you accumulate too many points over a specific period of time, your driver’s license could be suspended or even revoked.

Q: Will Having Points Affect My Insurance Rates in Virginia, Massachusetts & Maryland? (top)

A: Probably. Insurance companies routinely check the number of points their policy holder’s have on their record. You can rest assured that before being issued your policy, your driving record will be checked. As with everything else in life, if you don’t have any convictions or points on your record, you’ll get the better preferred rates, perhaps even a good drivers discount. If you have multiple moving violations, the insurance company will view you as a higher risk and charge you accordingly.

If you have some serious violations on your record, (DUI, reckless driving, vehicular homicide) insurance companies would rather not insure you at all. But since the law mandates compulsory insurance, there is what is termed an “assigned risk” pool.

All these violators are placed in this “pool” and every insurance company must provide a certain amount of them with insurance. The risk is spread out between the various companies – hence the term “pooling the assigned risk.”

If you’re in such a pool, be advised that your rates will in all probability be very high.

It’s to your advantage to avoid getting points on your record. If you do receive a moving violation, by all means consult with your attorney. Paying a fine isn’t pleasant – but it’s usually only a one time deal. Paying a fine and having to pay higher insurance rates for years to come is a lot less desirable.

Q: Is Driving A Right in Virginia, Massachusetts & Maryland?  (top)

A: No. Under the law, driving is a privilege, not a right. Even though this theory is somewhat suspect (after all, your taxes do pay for the highways and agencies that govern the driving system) it’s still the law. The state can deny you a license for any legal reason, even for violations that have nothing to do with driving – such as drug convictions or failure to pay child support.

Q: Can I Demand a Trial by Jury for Traffic Violations in Virginia, Massachusetts & Maryland?  (top)

A: With infractions, you usually don’t have the right to a trial by jury. It’s a simple administrative process – and in many cases you can satisfy the court by mailing in your fine – or even paying it on line in some places. With misdemeanors and felonies, you have all your Constitution rights intact – including the right of having a court-appointed attorney and a trial by jury. This is mainly because of the seriousness of the offense, being placed under arrest with the possible loss of your freedom upon conviction.

Q: You Mentioned “Moving” and “Non-Moving” Violations. What’s the Difference in Virginia, Massachusetts & Maryland?  (top)

A: Basically – it’s just as it implies. A moving violation usually involves an infraction caused by a vehicle in motion. Speeding, illegal U turns, failure to signal, failure to yield, running a stop sign, DUI / DWI offenses are all moving violations. Non-moving violations occur when the vehicle is parked, or by having some minor mechanical defect. Double parking, parking in a restricted zone, faulty headlights, having a loud muffler are all considered non-moving violations.

Q: Are Traffic Laws In Virginia, Massachusetts & Maryland the Same?  (top)

A: No, they vary and differ from state to state. What may be a misdemeanor in Nebraska might qualify for a felony conviction in Virginia or New York. What isn’t even considered an infraction in many states is in others. For example, if you’re driving in Nebraska under a daytime light rain with your windshield wipers on, you don’t have to consider turning on your headlights. In New York and New Jersey, not having your headlights on when the windshield wipers are moving – no matter the time of day or light conditions – will cost you a traffic ticket.

Q: What Is The Purpose of Traffic Tickets and Fines in Virginia, Massachusetts & Maryland?  (top)

A: The stated purpose is to make sure the roads and highways are safe for all drivers, and traffic laws and fines are a proven and effective method to accomplish this goal. Very few people would argue against that. Most people do obey the traffic laws, even when they are probably not going to be caught violating them. (Making an “illegal” U Turn at the dead of night with no traffic in sight.) However, those who do tend to ignore the rules of the road are usually the ones that pose the greatest risk to public safety and likewise amass the greatest number tickets.

However, as with most things government does – money is a very big factor.

Municipalities and states derive a very large portion of their budget from these fines. Since any reasonable doubt usually falls in favor of the ticketing officer, it’s usually too much trouble and effort for the average, law abiding person to contest a violation – especially if it’s just a minor infraction. It’s pay the fine and move on.

This gives an incentive for some officers to “bend the rules” or outright break them. They usually have non specified quotas to fill on writing traffic tickets (even though most municipalities will deny it) and the officer avoids problems with their chief by meeting those expectations.

Q: Can you Give Me Some Examples of Bending or Breaking The Rules in Virginia, Massachusetts & Maryland?  (top)

A: Ticketing a motorist for going a couple of miles over the speed limit, especially if the car was traveling down a very steep hill. Though technically a violation, it probably occurs hundreds of times a day with no one getting stopped for it.There are cases where an officer will write a ticket for “overtime parking” when in fact there was still time left in the meter. Or issue a violation for parking in a handicapped zone – even though a valid sticker was easily observable hanging from the rear view mirror.

Or an officer may decide to follow you, trying to rattle your nerves enough so that you make some sort of moving violation.

Is it legal? Maybe yes – but many times no. However, if it comes down between your word and the officer’s – without substantiating proof you probably won’t be able to convince a judge of your innocence. And even if you do – the chances of the ticketing officer being disciplined for their dubious actions is remote.

Q: What Information is Included on a Traffic Ticket in Virginia, Massachusetts & Maryland ?  (top)

A : Basically, the following:

The specific violation you are being charged with

Date, time, and place of the alleged offense

Color, model, and registration of your vehicle

The police or ticketing officer’s name and badge number

A notice of how to dispute or contest the charge against you

Q: The Officer Asked Me To Sign The Ticket – Isn’t That Admitting Guilt in Virginia, Massachusetts & Maryland?  (top)

A: No. Signing the ticket merely indicates you’ve properly received it. You’ll still have your day in traffic court.

Q: The Officer Made a Mistake on The Ticket – Is It Still Valid in Virginia, Massachusetts & Maryland? (top)

A: The ticket is valid, but if the mistake is fundamental to the charge at hand, you may be able to defend yourself by pointing out the erroneous information. For instance, if you receive a parking ticket and the license plate number recorded is no where near your actual plate number, you may be able to say the officer erred in determining your car was at fault.If the ticket has a violation noted as occurring on a specific day, and you can prove you were elsewhere at that time, that may also be a defense. If the citation mentions your vehicle as being a yellow Honda and you drive a black Lexus, you can point that out to the judge as a cause to dismiss the charges.

However, simple errors don’t mean much (noting the car was dark blue instead of black, or reversing a number or digit when recording the license plate.)

But, as mentioned above… if there is any doubt, the judge will usually err on the side of the ticketing officer.

Q: When Does it Pay to Contest or Fight The Ticket in Virginia, Massachusetts & Maryland?  (top)

A: As a matter of practicality, if the offense is a minor infraction with no points being assessed to your license and little likelihood of affecting your insurance rates, then the best avenue is to simply grumble, pay and then forget about it. The time and aggravation spent in traffic court will more than outweigh the benefits of saving a couple of bucks.However, if the charge is more serious, the fines likely to be high with points being levied against your license – you may want to give considerable thought to hiring a qualified and experience traffic attorney. In cases of DUI / DWI, reckless driving, vehicular homicide or similar serious infractions – don’t fool around. Hire the most competent lawyer you can find. Your driving privileges and possibly your freedom hang in the balance.

One other thing, never offer the officer a bribe or anything that can be construed as a bribe. You’ll more than likely find yourself in a bus load of legal trouble – many times far worse than the original traffic violation.

Q: If I’m Being Arrested for My Offense, What Should I Do in Virginia, Massachusetts & Maryland?  (top)

A: KEEP SILENT! By no means offer any explanations or try and talk your way out if it. The only thing you’ll accomplish is to talk yourself into deeper trouble. Anything you say can and will be used against you. Don’t offer ANY information without having an attorney present. If the infraction was serious enough to warrant an arrest, then it’s no time to play around. Be polite, but refuse to answer any questions put to you before you have a chance to speak with a lawyer. Physically cooperate as much as possible – you don’t need a charge of resisting arrest as well. If the officer suspects you’ve been drinking and driving, you may be subject to a breathalyzer test. If you refuse to take it, the consequences are many times more damaging than the possible DWI / DUI conviction itself. Even if you are later acquitted of the original drunk driving charge, you can still be prosecuted for failure to submit to the test.

There seems to be a disturbing trend happening more and more often. While being arrested for traffic offenses, the detainee is many times subject to abusive and often demeaning commands from the arresting officer – such as being commanded to crawl on their knees or being told not to look at the officer’s face. Prudence would dictate a conciliatory attitude with these demands, since the police are the one’s with the guns. Yes, it rankles! Your attorney will have a chance to make this known in open court for possible civil rights violations, undo force or even brutality charges.

Q: Are There Any Methods I Can Use To Avoid Getting A Ticket In The First Place in Virginia, Massachusetts & Maryland?  (top)

A: Frankly, yes. Police are people, with all the faults and foibles belonging to members of the human race. Certain things will prejudice them against you.Some drivers have vile or obscene bumper stickers on their vehicles. That’s an invitation to get stopped for “traffic infractions.” Even political bumper stickers may get you extra scrutiny, especially if the candidate or cause you espouse goes against the officer’s grain.

Here’s one many drivers aren’t aware of: Having a bumper sticker or emblem that looks like some sort of police benevolent society can actually work against you! It looks like you’re trying to curry favor by having such a ‘talisman” on your car – and many officers resent it. (Take this to heart the next time you get a phone call from someone asking for a donation for some “law enforcement” society, and tells you about the “support sticker” you’ll be sent as a donor. Hang up the phone – you’ll only be wasting your money.)

“Hot” cars with racing strips or custom designs “look fast” – and police officers may decide to give you a speeding ticket even if you were going at or near the posted limit. If you are young, a minority and behind the wheels of such a vehicle, expect to get hassled as a matter of course.

Having tinted windows is another invitation to get pulled over. Police hate them because they offer the driver too much privacy – the officer can’t see what’s happening inside the vehicle. They immediately think of the worst, and will react accordingly.

Most anything that gives the driver an edge over the police can get you into trouble – such as radar detectors. If you’re stopped for speeding, and the officer has to decide whether to give you a warning or a ticket – if they spot a radar detector in your car, you’ll get the ticket.

Q: How Do I Spot Officers In Marked and Unmarked Cars in Virginia, Massachusetts & Maryland?  (top)

A: Marked cars are relatively easy. They’re the ones with POLICE on the body and the rack of lights of the top. But even plain or unmarked patrol cars have tell tale signs.

Patrol cars usually have only one occupant – the police officer.

Look for a shotgun rack mounted in the car’s front compartment.

Look for the oversized spotting light next to the car’s outside left hand side view mirror. It will appear as two side mirrors – which is a dead giveaway that car probably belongs to law enforcement.

If you see a motorcycle with a large sized radio antenna sticking out from a boxed shaped rear compartment – it probably belongs to law enforcement.

In some rural areas, especially those with long straight roadways, police use aircraft to monitor vehicles. If you spot a small Cessna-type airplane flying parallel to the highway, it’s a good bet it’s law enforcement surveying the situation from above. The pilot will call to patrol cars in the area to intercept and stop you if you’ve been tagged as speeding.

Have You Been Charged With A Traffic Violation in Virginia, Massachusetts & Maryland?  (top)

At SRIS, P.C. we’ll advise you of the best approach to take if you’ve received a ticket or traffic related violation.

Depending upon the charge, our skilled and experienced attorneys will let you know the probable consequences of your violation, or if it even pays to fight the charges in the first place.

If you’ve been charged with a serious traffic violation, you’ll get the experienced counsel you need in order to make a rational decision about defending yourself. You’ll never get fear mongering or exaggerated possibilities – just the facts on what you can expect in your particular case.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information. There’s never any charge for an initial conversation, and your complete confidentiality is assured. Here’s our telephone number: 888-437-7747

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MASSACHUSETTS, MARYLAND & VIRGINIA TRAFFIC DEFENSE QUESTIONS & ANSWERS

Our Massachusetts, Maryland & Virginia traffic defense attorneys are frequently asked questions regarding traffic defense. We hope that the answers you find herein answer some of your basic questions regarding traffic defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia traffic defense lawyers, Maryland traffic defense lawyers or Massachusetts traffic defense lawyers, please feel free to call us, email us or contact us via our fast on line form. We are here to defend you.

The traffic ticket defense attorneys of SRIS, P.C. have offices in Virginia, Maryland, and Massachusetts to better serve you. Our offices are located in the following areas:

• Our offices in Virginia are in Northern Virginia, Central Virginia, Hampton Roads/Tidewater & western Virginia.  The following are the different office locations in Virginia: Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are in Rockville & Baltimore.
• Our office in Massachusetts is in Boston.

Traffic Tickets

What exactly is a traffic ticket? A traffic ticket is a citation or summons issued to someone who has violated a motor vehicle law. The citation or summons, usually issued by a police officer or other authorized representative of the government (such as the well known “meter maids”) is an order to appear in court before a judge or magistrate. After being issued the traffic ticket, the person accused of violating the law can remain free and go about their business pending their appearance in court.

Traffic Tickets are Criminal and Not Civil Matters

Most traffic tickets are handled as criminal matters. The word “criminal” might sound harsh for something as innocuous as a parking ticket, but in effect the fine or sentence is an obligation that a person has towards the “state” for violation of the law, as “punishment” for the act that was committed. The “state” in these cases could be a local township, municipality, city, county, state, or the federal government.

A civil matter is different because the “state” is not a party to the action. A judgment in a civil matter doesn’t include the imposition of a criminal sentence – nor does it result in any jail time. Any judgment imposed is usually monetary in nature – in order to make the victim “whole” for the harm caused by the offender.

Since the judgment is civil, collecting any awards is not up to the state but up to the individual or individuals involved. (Think of the civil judgment levied against O. J. Simpson. He still hasn’t paid a dime.)

So, the major difference between a criminal matter and a civil matter is that the state can imprison a person who committed the violation. This “payment” of losing one’s freedom is ordered as punishment for an act that the offender has done. Of course, the state may also impose fines as well – which can then be pursued by government action.

Signing Your Traffic Tickets – Is It Mandatory in Virginia, Maryland & Massachusetts?

Technically, no – you don’t have to sign a traffic ticket. However, if you refuse to sign, the officer involved has the right to place you under arrest. The traffic ticket itself is legal notice to appear in court to answer the traffic violation charges brought against you. By signing the ticket, you are acknowledging receipt of the “notice to appear” in court obligation imposed by the law.

By signing the traffic ticket, you avoid being taken into immediate custody, and are “released on your own recognizance” pending the court date.

For all practical purposes, it’s far better to sign the traffic ticket, go about your business and appear in court when specified. By signing the traffic ticket, you remain free. This is not an admission of guilt or lack of innocence. You always retain the right to contest the issuance of the citation or summons in open court.

What Should I Do After Being Given A Traffic Ticket in Virginia, Maryland & Massachusetts?

Practically speaking, the bulk of traffic tickets are “boiler plate” matters. No one is going to think less of you if got a non-moving parking violation (except of course if you parked in a handicapped zone without a permit!).

However, there are things you should mull over in your mind after receiving a ticket:

• the potential punishment you face for the charged traffic violation
• any possible defenses, justifications or mitigating circumstances
• the impact the traffic violation will have upon your driving privileges
• whether a guilty plea or conviction of guilt will impact any third party claims others may have against you (persons injured as a result of the violation), or claims you may have against them
• how the traffic violation will affect your automobile insurance
• the amount of energy, time and cost involved in contesting the charged traffic violation
• the desirability and cost in hiring an attorney to defend you and protect your rights.

How To Act When Receiving A Traffic Ticket in Virginia, Maryland & Massachusetts

Regardless of what you think when getting a ticket, it’s advisable to always be polite, and cooperate with the police officer issuing the traffic violation.

Resist the urge to “blab.” (“Oh, Officer. I’m so sorry – I didn’t notice the (clearly marked) ‘No Parking on Mondays’ sign. I must need new glasses. Of course I’m in the wrong – but can’t you just give me a warning?)

In the vernacular this is called “talking your way out of it.”

But remember: Anything you say or any statement you give the police officer can be used against you in a court of law.

Your best bet is to say as little as possible, answer any questions as succinctly as you can, and give a simple “thank you” after receiving the ticket.

Don’t “Mouth Off!” in Virginia, Maryland & Massachusetts

Remember: The police officer has a badge – you don’t. He has the entire “state” behind him. You don’t. He can detain or arrest you. You can’t detain or arrest him or her.

Sign the traffic ticket, and fume later in the privacy of your own home. Remember, signing the traffic ticket doesn’t mean you are admitting error or guilt. It only means you’ll go to court to answer the traffic charges brought against you.

Here’s What You Should Do in Virginia, Maryland & Massachusetts

As soon as possible, write down detailed notes about the circumstances that lead up to the issuance of the traffic ticket. Do this while events are still fresh in your mind. Include the time, the weather conditions, the exact location, what the officer said to you, and what you said to the officer (even if you said some things you shouldn’t have).

Don’t trust yourself to remember all these details. You won’t. Write them down on paper and/or enter them in a computer file. That way you won’t forget or miss any important details.

You may want to ask an attorney for some advice, but if it’s just an ordinary ticket, and there are unlikely to be any serious consequences, it often makes sense to pay the ticket and get on with your life.

If the proposed fine is minimal or affordable, the admission of guilt is not likely to be used in a lawsuit against you, and the impact upon your driving privileges and insurance rates inconsequential, you might decide to enter your guilty plea and be done with it. In a couple of weeks, you’ll probably have forgotten the entire incident.

On the other hand, after weighing the consequences of an admission or finding of guilt or entering a plea of no contest, you might want to contest the traffic ticket in court. Don’t let your emotions get the better of you – this decision must be based upon a careful analysis of the relevant facts and law governing the particular traffic ticket. If it comes down to your word vs. the officer’s – expect to lose.

The ‘Point’ System in Traffic Violations in Virginia, Maryland & Massachusetts

The “point system” is used in many states to assign a numerical value for each covered traffic offense. The greater the offense – the bigger the point value. For example, failure to come to a full and complete stop at a stop sign might only be 1 point, while speeding 50 miles per hour over the posted speed limit might get you 3 points. Points can be accumulated over time. Points also have a life span – after a certain number of months or years they’ll be taken off your current record. (But record of the actual traffic conviction will remain.)

Losing Your Driving Privileges in Virginia, Maryland & Massachusetts

If you get too many points within a given time frame, your driving “privilege” or license can be suspended or even revoked. For example, Bob has a lead foot when it comes to driving. His habit of driving too fast gets him 6 points in a five month time period. Since that’s over the number of “allowable” points in his state within that specific time frame, his driving “privilege” is suspended.

If Bob continues to drive anyway and gets caught speeding again, not only will he get another traffic ticket, but he’ll also be charged with driving under a suspended license as well. So in addition to the petty traffic offense, he’ll also be charged with a misdemeanor. (Time for Bob to consult with an attorney.)

Driving Is Not A Right – It’s A Privilege in Virginia, Maryland & Massachusetts

Good, bad or indifferent – that’s the way the law is written. The state can suspend or rescind your license for any legal reason it chooses – even if the matter has nothing to do with a traffic violation. That’s why you’ll sometimes read about someone convicted of a drug crime losing their driver’s license – even though they weren’t near a car when arrested.

The ‘Point’ System and Insurance Rates in Virginia, Maryland & Massachusetts

Insurance rates are based on statistics and probabilities. Statistics show the probability of a person getting into an accident increases with the number of traffic violations. The increased probability of an accident raises the risk of loss to the insurance company. The greater the risk, the higher the probability for loss, and thus the higher the insurance premium.

“Assigned Risk” Pool in Virginia, Maryland & Massachusetts

It’s all economics. Insurance companies hate to pay claims. Your bad driving record is a risk they rather not have. But since insurance is mandatory, if you are dropped because of too many points or accidents on your record, there has to be a way for you to comply with the law. Hence the state mandates each company accept a certain number of these high risk policies from a “pool” of these risky candidates.

Of course – the rates these higher risk drivers are charged are many times astronomical.

“Traffic School” – What Is It in Virginia, Maryland & Massachusetts?

If you’ve been convicted of minor traffic violations in some states, you may be given the option of attending a state authorized “traffic school.” Think of it as “Driver’s Re-Education.”

Traffic school is a 6 – 10 hour program of instruction on driving safety and traffic laws. After successfully completing the traffic school course and submitting proof to the state DMV (Department of Motor Vehicles) the violation and the “points” are removed from your driving record.

Typically, you’ll only be allowed attendance at traffic school to remove a violation from your driving record once every 12 – 18 months, and only if it’s a minor traffic violation.

Will Traffic School Reduce My Fine? How About The ‘Points’ I Got in Virginia, Maryland & Massachusetts?

Even if you opt for traffic school – you’ll still be expected to pay the original fine. (Of course!) Plus – you’ll also have to shell out the fees for the traffic school course itself. In addition, you have to take into consideration the time involved in attending.

However – the points will be removed from your record, as well as the original violation being expunged. (But you won’t be reimbursed for the fine you had to pay.) Traffic School might be well worth it when weighed against the potential long term impact traffic violation points may have upon your insurance rates.

Being Charged And Being Guilty – Two Different Things in Virginia, Maryland & Massachusetts

There are times when an innocent party is charged with careless driving or failure to notify a police officer of an accident. This can happen for several reasons. A witness may have legitimately believed you were involved in an accident, but was mistaken. Or you might simply be “set up’ by a vindictive or misguided person seeking revenge or money from a false insurance claim. What are your rights?

The fact is that once a formal complaint has been made, and the police or DA initiate a criminal type action, you’ll have to defend yourself against the charge. You might try and go it alone – but that’s a very dangerous policy. You don’t know the nuances of the law – and anything you say or state in writing can and will be used against you. A knowledgeable and experienced attorney is your best bet to attempt to get the original charge dismissed.

If the matter does come up for trial, the state must prove its case beyond a reasonable doubt. Absent photos or your confession or admission (remember – never admit guilt!) it has to call the complaining witness or witnesses to testify under oath. You or your attorney can then cross-examine them. You must be proved guilty – which is a far cry (and far better) than having to prove your innocence.

(This is derived from British Common Law. It’s by no means universal. In many countries, the standard of proof is just the opposite. You must prove your innocence – a much tougher and less fair standard for the accused.)

Defense Tactics in Virginia, Maryland & Massachusetts

A skilled lawyer will know the exact questions to ask the accusing witness. They’ll hone in on the details to expose any inconsistencies or outright lies. They’ll see if the witness has any possible biases against you, or if there are other reasons to suggest they lack reliability – such as the number of times they’ve sued other people! (It’s a sad fact – some individuals file frivolous lawsuits as a matter of course. Some do it for money – others for a perverse sense of entertainment.)

Access To Driving Records and Traffic Violations in Virginia, Maryland & Massachusetts

The DMV and law enforcement agencies have immediate access to information about your license and any violations. However, for “good cause” reasons, employers, attorneys and insurance companies also can get access.

Traffic Violations Stay On Your Driving Record in Virginia, Maryland & Massachusetts

Unless expunged by court order, offenses stay on your permanent record. However, your insurance company may only be concerned with offenses during the last several years when setting your premium.

Measuring Speeding Violations in Virginia, Maryland & Massachusetts

Probably of all the traffic laws on the books, the one broken most often is the speed limit. In fact, it’s fair to say the posted speed limit is followed more in the breach than the observance. However, it doesn’t matter if that’s the case or not. If you are traveling above the legal limit, you can be cited for speeding. The defense that “everyone else” was doing it won’t count one iota in your favor.

In order to clock your vehicles speed, police departments currently use four primary measurement devices: 1) speedometer clocks, 2) radar, 3) average speed computers and 4) LIDAR (Light Detection and Ranging). They also employ aircraft, photo radar and radar drones, but these are not as widely used as the previous four.

Each method has its own advantages and disadvantages.

Clocking by Speedometer in Virginia, Maryland & Massachusetts

This is the original “tried and true” method of clocking speeders. Basically, the patrol car paces the suspect vehicle, clocking the speed with the officers own speedometer. This method, though not very high tech has two big advantages: It’s cheap and effective. The police department already has patrol vehicles and officers – they don’t have to invest in any fancy gear or apparatus. Of course, the most important component of using this method is having a factory certified, accurate speedometer.

There are several methods to accurately make sure a speedometer is recording the true velocity. One method is by attaching a “fifth wheel” to the rear of the vehicle. This wheel is already calibrated, and records the patrols vehicles true speed. If the two match, then the police car is “ready to roll.” (Without that 5th wheel of course!)

Another low tech method of calibration uses a stopwatch. The officer’s vehicle is simply timed over a standard, measured course. If the speedometer is accurate, it should jibe with the results given by the stopwatch.

A more sophisticated way is by using a dynamometer. Basically, the patrol car sits on top of this device, and the wheels are rotated on a drum. The dynamometer records the true speed and the results are compared against the car’s internal speedometer. This method is the most accurate and effective – but it’s also the most expensive.

The drawback of clocking by speedometer? Usually, as soon as some one sees a patrol car, they’ll simply slow down! (Before they can be issued a ticket.)

RADAR in Virginia, Maryland & Massachusetts

RADAR (“Radio Detection And Ranging”) was invented during the second world war. In fact, the original idea was to develop a way to destroy or disable aircraft by use of invisible radiation. RADAR was the second best thing – being able to track moving objects at a great distance without itself being detected.

RADAR is simply the transmission of electromagnetic waves reflecting off a moving object. The frequency of the waves change in relation to the speed and direction of the object involved. The RADAR unit calculates the shift in frequencies and converts that to a numerical speed. This change is referred to as the Doppler effect or Doppler shift.

You’ve all heard the sound of a ambulance siren. As it approaches you – the sound rises in pitch. As soon as it passes, the pitch goes down. This is because as the ambulance is moving closer to you – the sound waves are being compressed. As soon as it passes, the waves become elongated. The same principle applies to radio frequencies. Currently RADAR is used in both moving and stationary modes.

RADAR is a very popular technology for speed enforcement. (Just take a look at the sheer number of RADAR Detection units being sold to consumers!) These detection devices emit a beeping sound when radar waves are intercepted, warning drivers of a speed trap. They work so well because all they have to do is detect the radio beam coming at them, while the RADAR unit must not only send out the radio waves, but be able to capture the reflection as well.

Despite its popularity, RADAR use is in litigation across the country. A novel approach is being taken, citing health concerns regarding increased cancer risk resulting from frequent use of these RADAR devices. All recent evidence indicates these claims are groundless, but litigation is still pending. Since most cancer studies involve long term research, 20 or more years may pass before scientists lay this issue to rest.

There is another concern about using RADAR, and that has to do with the skill of the person using the device. Many people, including police officers, think of it as emitting a “magic” beam of radiation. In fact, if two vehicles are in close proximity to each other, one large and one small, the RADAR unit will record the stronger signal – that from the larger of the two. So if you’re driving a compact car and a speeding truck is passing you by – any RADAR aimed at you will only record the truck’s velocity.

Average Speed Computers in Virginia, Maryland & Massachusetts

An average speed computer uses micro chip technology measuring speed by dividing the distance traveled by the time it took to travel it. It’s sort of like a super-charged stopwatch approach. These units are typically mounted in police patrol cars and can be used in both a moving and stationary mode.

Where RADAR and LIDAR (see below) usually measure maximum speed, average speed computers measure the average speed over a specified distance. The advantage these have units have is that they don’t use electro-magnetic waves, thus making RADAR detectors useless.

The disadvantages are that a set course must be marked out, and the entire procedure can be made moot if the tracked vehicle simply slows down or even stops, thus affecting the calculated average speed.

LIDAR in Virginia, Maryland & Massachusetts

One of the more recent speed measurement devices used in law enforcement is laser or LIDAR (Light Detection And Ranging). LIDAR devices use an invisible infrared laser light wave. Since laser light can be focused into an extremely thin beam, it doesn’t have the same problems as conventional RADAR. The devices are compact and small, usually operated in the hand-held mode. Although they can be used through glass, doing so reduces the device’s range. An open window or exterior use is preferred.
Because conventional RADAR detectors are so widely used, LIDAR has become more popular with police units. Detecting laser beams is of course possible, but the detection devices are limited in their effectiveness. Since clocking is done almost instantaneously, once the unit captures the signal, it’s already too late for the driver to do anything about it.

However, some of the more modern detectors try and detect ambient reflected laser light. These are beams focused at another vehicle “splattering” off light harmonics. These detectors merely warn the driver that lasers are being used in the area.

There are some limitations however to LIDAR. One is distance. The LIDAR units have to be closer to the vehicles than standard RADAR units. Also, since the laser light has to be measured by the unit, a good reflecting surface is necessary. Very dirty vehicles make it harder for LIDAR to get a good sampling of returned light.

Many police officers will train the laser on the vehicles license plate, this usually being one of the most reflective surfaces available. There have been reports of some people spraying their license plates with special light absorbing aerosols (such as common hair spray or artist’s protective sprays) in order to thwart these newer detectors.

Aircraft in Virginia, Maryland & Massachusetts

This method of speed enforcement uses a combination of ground-based units and a fixed wing airplane.

Again, this a variation on the stopwatch approach. Painted lines on the roadway pavement identify a measured course. As a vehicle travels this course, a stopwatch in the airplane determines how fast the target is traveling. Once the course is completed, the speed is calculated and, if the vehicle was speeding, the description is broadcast to the ground units. The vehicle is pulled over and a ticket issued.

This method of course has its drawbacks. First, the aircraft must have an unobstructed view of the road, plus enough space to safely maneuver. The police force must also pay for an airplane as well as a trained pilot. Then there’s the care and maintenance expense of the aircraft itself.

The aircraft, typically a high-wing design allowing an unobstructed view of the ground, is usually put to other duties, such as marijuana eradication activities, emergency transport, traffic monitoring, surveillance and other law enforcement programs.

Photo Radar in Virginia, Maryland & Massachusetts

This is usually know as the “traffic camera.” An extension of traditional radar devices, this device uses digital photography to capture images of a vehicle and its license plate. The date, time and speed can be superimposed onto the photograph, verifying the offense. Some devices are so accurate they can also capture the driver’s face in the picture. (Smile for the camera!)

Photo radar is used many times in a passive approach – meaning it just sits there and records information to be gathered later or transmitted to a central location.

Devices installed in lights at busy intersections are good examples of this. Photo Radar is commonly used in jurisdictions where specific legislation permits its use and where vehicles have both front and rear plates.

Drone Radar in Virginia, Maryland & Massachusetts

Drone radar is another passive system. Basically, it’s an unmanned radar transmitter that triggers motorists’ radar detectors. When the detector’s alarm sounds, the driver usually slows down, thinking a policeman must be in the area.

These units can be mounted almost anywhere. In moving vehicles, concealed in road signs, installed in highway work vehicles or any number of other locations and choices.

One drawback is that the FCC and NHTSA have regulations that must be met in order to use this method of speed enforcement. The drone radar can’t interfere with other communications for one, nor can it interfere with other highway monitoring devices.

It also suffers from the “calling wolf” effect. As motorists catch on to where the units are being used, they’ll just ignore any signals coming from the targeted area.

Have You Been Charged With A Speeding Violation in Virginia, Maryland & Massachusetts?

While certainly not the end of the world, a speeding ticket can be expensive. Not only is there a fine to pay, but you’ll also be liable for “points” against your license. Plus, your insurance company may even raise your premium. If you were traveling way in excess of the posted or legal limit, you may also be charged with reckless driving – which is a far more serious offense.

THE POINT SYSTEM in Virginia, Maryland & Massachusetts

The Point System is simple in theory. Most every moving traffic violation is assigned a numerical value, from 1 to 12, depending upon the severity of the offense. If convicted of the violation, the judge will send of record of the offense to the State’s Motor Vehicle Department. The DMV will then assign the mandated amounts of points to your driving record. If you accumulate too many points over a specific period of time, your driver’s license could be suspended or even revoked.

INSURANCE RATES in Virginia, Maryland & Massachusetts

Insurance companies routinely check the number of points their policy holder’s have on their record. You can rest assured that before being issued your policy, your driving record will be checked. As with everything else in life, if you don’t have any convictions or points on your record, you’ll get the better preferred rates, perhaps even a good drivers discount. If you have multiple moving violations, the insurance company will view you as a higher risk and charge you accordingly. If you have some serious violations on your record, (DUI, reckless driving, vehicular homicide) insurance companies would rather not insure you at all. But since the law mandates compulsory insurance, there is what is termed an “assigned risk” pool. All the heavy duty violators are placed in this “pool” and every insurance company must provide a certain amount of them with insurance. The risk is spread out between the various companies – hence the term “assigned risk.” If you’re in such a pool, be advised that your rates will in all probability be astronomically high. It’s to your advantage to avoid getting points on your record. If you do receive a moving violation, by all means consult with your attorney. Paying a fine isn’t pleasant – but it’s usually only a one time deal. Paying a fine and having to pay higher insurance rates for years to come is a lot less desirable. In any event, in order to drive you must show you own the proper liability insurance for your vehicle. Driving without insurance is a serious offense, and can result in a suspension of your driving privileges. Remember: Under the law, driving is a privilege, not a right. Even though this theory is somewhat suspect (after all, your taxes do pay for the highways and agencies that govern the driving system) it’s still the law. Once your license is suspended or revoked, you’ll have little chance to contest the validity of such actions.

TRAFFIC TICKETS: TO FIGHT OR NOT in Virginia, Maryland & Massachusetts?

Every person feels the urge to “fight the ticket.” That’s understandable. But before you do, you’ll need reasons to dispute the ticket, as well as supporting evidence to back you up. Fact of life: If it’s just your word against the ticketing officer, you’ll lose. Fair or not, that’s the way the system works. If you have independent witnesses however, the balance of power may shift in your favor. Notice the “independent” part. If your witness is your wife or best buddy who was a passenger in the car at the time of the offense, the judge will probably give their testimony short shrift. Again, it may not be fair – but it’s the way things go in the real world. However, if your witness was someone who was at the scene and has no personal interest in you as an individual – that will weigh heavily in your defense.

DISMISSAL in Virginia, Maryland & Massachusetts

There’s more than one way to skin a cat, and more than one way to fight a traffic violation. In most cases, the ticketing officer must appear at the traffic court to support his or her actions. If the officer doesn’t appear, you can ask for an immediate dismissal of all charges (summary dismissal). Never agree to a “continuance” or postponement of trial if the officer isn’t present. There’s no benefit to you, and the worst that can happen is that the judge denies your request and you’ll appear at a later date. The best that can happen is that you walk out without any convictions, fines, or points.

SUSPENSION OF DRIVING PRIVILEGES in Virginia, Maryland & Massachusetts

You can lose your driving privileges for a number of reasons. As noted above, accumulate too many points over a specific time period, and your license can be temporarily suspended for 30, 60 or even 90 days or more. Continue to accumulate violations after the suspension is over can cost you a year without driving privileges. Other causes include lack of liability insurance, DUI/DWI (drunk driving), refusing to take a breathalyzer test, reckless driving, or failure to appear and answer to outstanding traffic charges or failure to pay traffic fines. Suspension of your driving privileges will almost always result in a huge hike in your insurance rates once you do get your license back. It’s to your distinct advantage to consult with an experienced traffic law attorney if your type of offense could result in that scenario.

REVOCATION in Virginia, Maryland & Massachusetts

Suspension of your drivers license is bad enough – but at least you’ll get those privileges back. Revocation is another matter. Once your license is revoked – it’s gone. Reapplying is a long, tedious and costly process. If you’re caught driving with a suspended license, you’re risking not only license revocation, but arrest, jail time, and very large fines as well.

AN ATTORNEY OR NOT in Virginia, Maryland & Massachusetts?

When receiving a traffic ticket, your options are rather clear cut. You can plead guilty or no contest, accept the conviction, pay the fine and get the points. Whether you do this in person or as allowed in some jurisdictions by mail, the result is the same. You’ve been convicted of the violation and you must reckon with the legal consequences as well as the fact your insurance rates will eventually rise because of it. Or… You can plead not guilty and fight. If you decide to stand your ground and fight, you may want to seek legal advice and counsel. Even if you decide to go it alone and defend yourself, an attorney can make sure you have your facts straights and advise you how to best present your case. FIGHTING THE TICKET: WHAT YOU SHOULD KNOW! If you retain the services of an attorney, he or she will be able to guide you through the legal mazes, as well as speak in your behalf. Your best bet? Let the attorneys do their thing – they know best how to raise the proper defenses and protect your rights and privileges. Follow your attorney’s advice. They’ve had years of experience in handling traffic cases, and know the ins and outs far better than the average layperson. If you decide to go it alone and present a self defense, there are some things you must know. The first is raising a defense.>

SPEEDING TICKETS in Virginia, Maryland & Massachusetts

There are some general defenses to contest a speeding violation:

• The officer was mistaken – you weren’t speeding
• In those states with a presumed speed limit, road and weather conditions warranted a higher rate of speed than the posted limit. You’ll need to have the exact road and traffic conditions at the time, as well as your vehicle’s mechanical condition.
• You were indeed driving above the posted speed limit, but out of necessity and not design. An emergency situation made it necessary to avoid injury (such as a serious accident happening). Your vehicle may have experienced sudden mechanical failure, or perhaps you were speeding in order to protect life and limb (such as rushing to a hospital emergency center because your child suddenly started convulsing in the car, or your spouse experienced a heart attack.)

DEFENDING AGAINST RADAR in Virginia, Maryland & Massachusetts

RADAR is simply the transmission of electromagnetic waves reflecting off a moving object. The frequency of the waves change in relation to the speed and direction of the object involved. The RADAR unit calculates the shift in frequencies and converts that to a numerical speed. This change is referred to as the Doppler effect or Doppler shift.

RADAR is a very popular technology for speed enforcement. (Just take a look at the sheer number of RADAR Detection units being sold to consumers!)

The best defense for receiving a ticket based upon RADAR is the proximity defense. Many people, including police officers, think of it as emitting a “magic” beam of radiation. In fact, if two or more vehicles are in close proximity to each other, one large and the others smaller, the RADAR unit will record the stronger signal – that from the larger of the bunch. So if you’re driving a compact car and a speeding truck is passing you by – any RADAR aimed at you will only record the truck’s velocity.

Other electromagnetic sources can likewise confuse RADAR signals. Neon signs, utility wires, power stations, amateur radio transmissions, proximity to airports, even stationary traffic signs and signals can cause signal scattering and false results.

If your intent is to prove the RADAR unit wasn’t working properly, you’ll have to subpoena the RADAR unit’s maintenance records, as well as any calibration devices used to tune the unit in question. Unless you are an expert in mechanical electronics – this defense is best left to an experienced attorney.

Your other defense would be to attack the ticketing officers expertise with using RADAR. If you can prove they had little knowledge of how the unit operates or how the aforementioned factors could skew results, you may be able to convince the judge to dismiss the case. (But don’t bet the farm on it!)

If the officer was using a LASER (LIDAR) unit, then your options become even more limited. LASER units can pick out an individual vehicle from many others, and they are far less prone to spurious electromagnetic interference.

IN TRAFFIC COURT in Virginia, Maryland & Massachusetts

At court, the judge will call the list of cases scheduled for that day. You can ask for a summary dismissal if:

• The officer who gave you the ticket isn’t there
• The “fair and speedy trial rule” deadline has not been met
• The ticket itself is faulty (not signed, wrong date, the vehicle in question doesn’t exist, and so on)

Assuming the case can’t or isn’t dismissed, the prosecutor will present the case against you. Then the officer who wrote the ticket will be sworn in to testify.

Even if you are sorely tempted – never interrupt! Your turn to testify will come. You should use your time to take any notes and go over any points that could support your case.

After the witnesses for the state have finished, you can then cross-examine them, asking questions and gathering information favorable to your case.

Remember – this is court. Disrespect, especially to law officers, won’t be tolerated. Your questions should be clear, concise, and to the point. If there are any discrepancies between what the witnesses remember and what was written on the ticket – by all means bring that up.

If you are called upon to testify, don’t talk too much! Sometimes your worst enemy can be a too active mouth! Answer only the questions posed to you, and don’t volunteer information. If you don’t understand a question, don’t be shy about asking for clarification. Don’t ever guess at what the prosecution means to say. If you don’t know an answer to a question – simply state you don’t know.

You and the prosecutor will then be allowed closing statements. When it’s you turn, point out any weaknesses or conflicting evidence in the prosecutor’s case, any points the prosecutor failed to prove and any extenuating circumstances in your favor.

Verdict and Sentencing in Virginia, Maryland & Massachusetts

After the closing statements, the judge will rule.

If the verdict is “not guilty” or “the case is dismissed, that’s that. You walk out with no further obligations.

If you are found “guilty,” you’ll be sentenced and will have to pay the mandated fine – usually immediately or make arrangements to pay over time. If you don’t pay – the judge may issue a bench warrant for your arrest.

You always have the right to appeal, and if that’s the case the court clerk will give you the necessary details, deadlines and process.

While it’s very unlikely you’ll end up in jail for a common traffic infractions, the consequences can be both painful and expensive.

License Suspension in Virginia, Maryland & Massachusetts

If your sentence included suspension of license, you’ll be able to state your case beforehand at a revocation hearing before the Department of Motor Vehicles.

You can perhaps mitigate the severity of the suspension by bringing up positive actions you are taking to ensure you won’t repeat the violation, such as drug counseling or alcohol treatment programs.

You can even ask for a restricted license in order to drive yourself to work or to continue attending school, or perhaps to drive your children to and from school.

Traffic School in Virginia, Maryland & Massachusetts

In many states, if your offense wasn’t very serious you may have the option of attending a one or two day traffic school. Successfully completing the coursework will expunge the ticket from your official record. Even though you’ll have to pay for the course out of your own pocket, and of course still pay the original fine – you won’t get any points and your insurance rates won’t be affected.

While in many cases a traffic ticket isn’t the end of the world, they can be expensive. Not only is there a fine to pay, but you’ll also be liable for “points” against your license. Plus, your insurance company may even raise your premium.

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VIRGINIA CODE SECTION 18.2-308.4

Possession Of Firearm While In Possession of Certain Controlled Substances

If you have been charged with a violation of possession of firearm while in possession of certain controlled substances, (Virginia State Law Section 18.2-308.4), you should take this charge very seriously. The penalties for a violation of Virginia State Law Section 18.2-308.4 are very severe. A violation of Virginia State Law Section 18.2-308.4 (A) is a class 6 felony. A violation of Virginia State Law Section 18.2-308.4 (B) is a class 6 felony with a mandatory minimum term of imprisonment of two (2) years. A violation of Virginia State Law Section 18.2-308.4 (C) is a class 6 felony with a mandatory minimum term of imprisonment of five years.
It is vital that if you are charged with Virginia Code Section 18.2-308.4 that you contact a drug defense lawyer who is experienced at defending clients charged with drug offenses and firearms violations. The drug defense lawyers of SRIS, P.C. are highly experienced drug defense lawyers.

The SRIS, P.C. drug & firearms defense attorneys of SRIS, P.C. have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area. You can reach us via phone at 888-437-7747 or on line.

Our offices in Northern Virginia are in Fairfax & Manassas.
Our office in Central Virginia is in Richmond.
Our office in Western Virginia is in Lynchburg.
Our office in the Hampton Roads/Tidewater Area is in Virginia Beach.

§ 18.2-308.4. Possession of firearms while in possession of certain controlled substances.

A. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.

B. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

C. It shall be unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of marijuana. A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

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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.

Everybody keeps telling me that if I am convicted of even a minor drug charge in Virginia, I will loose my privilege to drive in Virginia. Is that true?

Unfortunately, that is correct. Every drug conviction imposes a mandatory six months loss of driving privileges. That is why it is very important to avoid even a minor drug conviction in Virginia.

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

After criminal charges are filed against you, you’ll make a court appearance known as an “arraignment.” If you’ve been incarcerated, this will usually occur within 72 hours of your arrest.

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.

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VIRGINIA DIVORCE QUESTIONS ANSWERED

BY VIRGINIA DIVORCE LAWYERS

Virginia divorce attorneys of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia. Our Virginia divorce lawyers have litigated cases in both the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts which hear family law matters. Our Virginia divorce lawyers have six offices in Virginia to better serve you. We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia.

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas;
• In the Richmond Metro area, our office is in Fredericksburg & Richmond;
• In the Hampton Roads/Tidewater Area, our office is in Virginia Beach;
• In the Western part of Virginia, our office is located in Lynchburg.

If you wish to consult a SRIS, P.C. Virginia divorce attorney, please simply contact us via e-mail, phone, or by filling out or on-line form. A Virginia divorce lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia divorce.

Virginia Code § 20-95. Grounds for divorces from bed and board in Virginia

A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Virginia Code § 20-91. Grounds for divorce from bond of matrimony in Virginia; contents of decree

A. A divorce from the bond of matrimony in Virginia may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) Repealed.
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
(4), (5) Repealed.
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) Repealed.
(9)(a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad liter to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce herein before entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or§ 20-95.
B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to§ 46.2-342.

Virginia Code § 20-117. Divorce from bond of matrimony after divorce from bed and board

The granting of a Virginia divorce from bed and board shall not be a bar to either party obtaining a divorce from the bonds of matrimony on any ground which would justify a divorce from the bonds of matrimony if no divorce from bed and board had been granted, unless the cause for absolute divorce was existing and known to the party applying for the divorce from the bonds of matrimony before the decree of divorce from bed and board was entered.

Virginia Code § 20-121. Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony

In any case where a Virginia decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days’ notice thereof. No final decree for divorce entered in such a case shall terminate or otherwise affect any restraining order, or order for the payment of costs, counsel fees, support and maintenance for a spouse or child or children except as specifically provided in such decree. The provisions of this section shall apply to the divorces from bed and board, which have been heretofore granted.

Virginia Code § 20-121.02. Virginia Decree of divorce without amended bill or amended cross-bill

In any Virginia divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party’s favor grounds for a divorce from the bonds of matrimony under § 20- 91 (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 (9) without amending the bill of complaint or cross-bill.

Virginia Code § 20-121.2. Validation of absolute divorce granted where no decree from bed and board

Any absolute divorce granted in this Commonwealth of Virginia under circumstances in which the bill of complaint prayed for a divorce from bed and board with leave to merger the same into an absolute divorce at the end of the statutory period and in which the decree of absolute divorce was entered with no decree from bed and board because the statutory period elapsed prior to the entry of said decree, is hereby validated, provided such divorce proceeding was otherwise conducted according to law.

Virginia Code § 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board

In any case where willful desertion or cruelty is the ground for divorce in Virginia and the bill of complaint prays for a divorce from bed and board the court may enter a decree of divorce from the bonds of matrimony without the entry of a decree from bed and board if the statutory period, as set out in § 20-121, has elapsed prior to the entry of said decree and if the court shall be of the opinion that no reconciliation has taken place, or is probable.

Our clients frequently ask us questions about divorce in Virginia. The following are some of the issues asked about:

Getting Divorced in Virginia – The Commonwealth of Virginia Divorce Laws

Are There Different Types of Divorce in Virginia?

Yes – there are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). This is what’s known as a “qualified” divorce, meaning the parties are legally separated – but during the term of this qualified divorce they may not remarry.

The second type of divorce in Virginia is called “a vinculo matrimonii” (divorce from the bonds of marriage). This type of divorce is the most common and is “absolute” – meaning once granted – the marriage is permanently ended. The former partners are free to marry again if they so choose. Everything following is based on this absolute divorce.

There are as many reasons for people seeking a divorce in Virginia as there were for getting married in the first place. We won’t get into the personal aspects of divorce, except to say that old adage “Marry in haste, repent in leisure” is as true today as it was when first penned.

“At Fault Divorces” – What’s Required?

In Virginia, there are many grounds for granting a “for fault” divorce. Some of these grounds include: Willful desertion or abandonment, cruelty, adultery (and other sexually related acts), or conviction of a felony. However, the spouse being sued for divorce in Virginia can raise “defenses” to these grounds, in order to alter, refute or mitigate the “for fault” charges.

Does Virginia Have “No Fault” Divorce?

Yes, The Commonwealth of Virginia permits “no fault” divorce. But certain requirements must be met in order to receive such a divorce. The divorcing couple must demonstrate they’ve lived apart – both continuously and intentionally – for a period of at least one year.

There is an exception to this Virginia No fault Divorce Law. If no minor children are involved, and the parties have entered into a property settlement agreement, the time of separation required is reduced to six months before a no-fault divorce can be granted.
Property Distribution Of Divorcing Parties in Virginia

One of the most complex areas of Virginia divorce law relates to the distribution of property. The method of distribution used in Virginia is called “equitable distribution.”

In Virginia, equitable distribution usually is determined at the conclusion of the divorce proceedings. This distribution determines the relative rights and interests of the divorcing parties in property acquired before, during or even in some cases after the marriage. Virginia sorts the property under three classifications to determine who gets what.

How Property is Sorted Under Virginia Divorce Law

In Virginia, there’s “Marital Property” “Hybrid Property” and “Separate Property.”

Determining the parties property rights is a complex and many times difficult and painful task. It’s also one major area fraught with ill-will and animosity. Skilled and aggressive legal representation is essential in achieving an equitable, fair and desired outcome. Many times one spouse is so distraught, they literally are not thinking straight. Competent representation insures all options are thoroughly investigated – without one party being taken advantage of over the other.

(Just listen to the many country and western songs about this very topic. I’m sure you remember one of the most famous: “She got the mine and I got the shaft.” That’s one good reason why having a skilled divorce attorney is so vitally important!)

Alimony in Virginia: How Is Spousal Support Determined?

Another complex area of Virginia divorce law requiring thorough and careful legal representation is spousal support – or more commonly known as alimony. In Virginia, spousal support may be awarded to assist a financially dependent party depending upon circumstances.

Such awards vary greatly, and are based on a host of factors. Age, duration of the marriage, earning potential, assets, and marital history all play a part in the support settlement. Unlike in former days, it’s now common for spousal support in Virginia to be awarded to either the woman or the man.

It’s imperative to get a fair judgment right at the beginning, because changing the support schedule later on down the road after the divorce is finalized is a costly and difficult affair.

Child Custody in Virginia – “The Best Interests Standard”

Along with property distribution, the custody of minor children is often the most contentious and heart wrenching in divorce and other family law matters.

In Virginia, the Court is guided by the “best interests of the child” legal standard in determining who gets custody. The legal elements and factual factors are oftentimes complex and lengthy. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also decide visitation rights.

Here’s the text from the appropriate Virginia Statutes: Paragraph 20-124.2. Court-ordered custody and visitation arrangements.

“The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”

In joint legal custody, both parents share the access to educational, health, and other records. Both also have equal footing in making decisions where the welfare of the child is concerned. There is also joint physical custody – which can be somewhat different.

An experienced Virginia divorce attorney will be able to spell out each type of custody and what that means for both the parents and the children.

Calculating Child Support

In Virginia, child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia’s statutory support guidelines. Again this a complex area – and one where the help of a lawyer is in everyone’s best interests.

Property Settlement Agreements in Virginia Divorce Cases

A Property Settlement Agreement (PSA) is a legal contract between the divorcing parties. The PSA is a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party’s rights.
The First Step To Take When Facing The Prospect Of A Divorce Or Other Family Law Issue

We’ll be quite frank: The complexity and high stakes nature of divorce and other family law matters in Virginia require skilled and experienced legal representation. If you are contemplating divorce, or have already been served with divorce papers, an initial consultation is the absolute minimum step you should take. Then you’ll know what your rights are, and more importantly – how to protect them.

We understand that divorce is a trying, difficult and painful time. But believe us when we say: It’ll be even more difficult after the divorce is over and you’re left with not only the heartbreaks – but the short end of the financial and custody stick as well.

The following are some of the different holdings by the appellate courts of Virginia regarding divorce in Virginia. Clients should be aware of these holdings so that they may be better informed about some of the legal ramifications about obtaining a divorce in Virginia.

• The Virginia Courts have long held that divorces granted in another state should be recognized as a valid divorce under the full faith and credit clause of Federal Constitution. An example of this can be found in the case of Humphreys v. Humphreys, 139 Va. 146, 123 S.E. 554, Va. 1924., June 12, 1924. The Humphreys Court held the following: Validity of foreign divorce should not be denied by courts except where to recognize such divorce would be violation of morals or public policy of state.
• Virginia requires the party alleging adultery by the other spouse to prove it by clear and convincing evidence. In Haskins v. Haskins, 188 Va. 525, 50 S.E.2d 437, Va. 1948, November 22, 1948, the Court held that a charge of adultery as ground for divorce is not required to be proved beyond a reasonable doubt as in a criminal proceeding, but evidence must be at least clear and positive and convincing.
• If a husband and wife contract via property settlement agreement as to the support and maintenance, then the court will uphold the contract provided the contract was via a bona fide property settlement agreement. In Gloth v. Gloth, 154 Va. 511, 153 S.E. 879, Va. 1930, June 12, 1930, the Court held that in divorce suits, court had power to approve and confirm contract of parties as to property settlements and support and maintenance.
• A no fault divorce also known as a divorce based on irreconcilable differences does not prevent one party from seeking spousal support from the other party while the suit is pending. The Supreme Court of Virginia held in Mason v. Mason, 209 Va. 528, 165 S.E.2d 392, Va. 1969, January 20, 1969 that the fact that husband was granted divorce under ‘non-fault’ statutory provision entitling either spouse to divorce when they have lived separate and apart for two years did not preclude award of alimony to wife.

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