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| | Representing the residents of Stafford, Spotsylvania, King George, and Caroline Counties, as well as the residents of Fredericksburg. | |
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Criminal Defense
Being arrested and charged with a crime can result, if convicted, in significant penalties. If you are arrested in Virginia, you will be brought before a magistrate, who will determine the conditions for your pretrial release, if allowed; and if you were arrested without a warrant, the magistrate will determine whether probable cause exists to support the arrest.
If you remain incarcerated following your case's review by the magistrate, you will next be made to appear before a judge of the General District Court for arraignment, who will also determine whether you are indigent. If found to be indigent, the Court may appoint you counsel. If you are not indigent, you will need to retain private counsel if you want a lawyer to reprersent you in defense of the criminal charge(s) brought against you. If the charge is a misdemeanor, your case could be tried before the Court at that time, or it could be set for trial at some later date. If the charge against you is a felony, the General District Court will conduct a preliminary hearing at that time, or if the Court decides otherwise the preliminary hearing will be conducted at some later date.
At the preliminary hearing, the General District Court, upon a finding of probable cause to support your arrest, will certify any or all of the felony charges to the Circuit Court for grand jury consideration. If any charge is reduced to a misdemeanor, the General District Court may try your case at that time or set it for trial at some later date.
If a felony, and the grand jury after deliberation returns what is called a "true bill" against you, then an arraignment will be held on your case in the Circuit Court, where the charge against you will be read and to which you will enter a plea of guilty, not guilty, or nolo contendere. If you plead not guilty or refuse to enter a plea, your case will be set for trial.
If your case is set for trial, it is imperative that certain pretrial motions, such as a motion to suppress evidence, be timely made. Otherwise, the opportunity to object to certain evidence being brought against you at trial may be waived. The trial will be set within a specified time period, and your trial will be by a jury, unless waived by you with the concurrence of the Commonwealth's Attorney.
If you are found guilty, the punishment will also be determined by the jury in a jury trial, or by the Court in cases tried without a jury. Cases tried without a jury are called bench trials, and it is the Judge in such cases who decides your guilt or innocence, rather than members of a jury.
All of these stages involved in an arrest are critically important. Whether you are indigent and are entitled to the appointment of counsel by the Court, or whether you can afford your own private attorney, legal representation must be your first priority when you are faced with criminal prosecution. If possible, seek legal counsel of your choice immediately, and understand that it would be wise to avoid making any statements to the police until you have had a chance to discuss with your attorney what legal rights are available to you under the circumstances.
Notice of Disclaimer: The content herein is meant only to provide a brief introduction and limited overview of the criminal justice process in Virginia, and it may or may not reflect the most current legal developments. The information contained herein is not meant to provide legal advice or counsel and it should not be used as such, nor is it intended to create an attorney-client relationship with the reader. The circumstances involved in your case are unique and may involve many complex and intricate legal issues. You are advised to seek consultation with an attorney of your choice for a complete assessment of your particular situation.
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