Criminal Defense

Do not talk to anyone except your lawyer. Do not make any verbal or written statements to anyone, including the police, regarding any aspect of your case. Anything you say may be used against you in court. Anything you say can have a significant impact on your case. One indiscreet word can result in your conviction. One misplaced confidence can result in your incarceration. You have absolutely no obligation to speak with them. So never speak with law enforcement without an attorney present.

In state court and in the Commonwealth of Virginia, a Magistrate may grant a defendant bond after he or she is charged with a criminal offense prior to the arraignment. This generally happens with misdemeanor cases or where the facts alleged are do not suggest that the defendant is flight risk or a danger to society. Generally, a magistrate will not grant bond for felony cases. If this happens, simply contact our office and we will schedule a bond hearing for your loved one in front of either the General District Court, Juvenile & Domestic Relations Court, or the Circuit Court Judge in which the charge is pending.

In Virginia, there is generally no legal difference between “DUI” and “DWI.” The terms are commonly used interchangeably to describe the same offense under Virginia Code § 18.2-266.

DUI means “driving under the influence.” DWI means “driving while intoxicated.” Virginia’s statute is formally titled “Driving motor vehicle, engine, etc., while intoxicated.” Nevertheless, courts, lawyers, and the public frequently call the offense DUI.

Section 18.2-266 prohibits driving or operating a vehicle: with a blood-alcohol concentration of 0.08% or higher; while under the influence of alcohol; while impaired by drugs or other intoxicants; while impaired by a combination of alcohol and drugs; or with specified concentrations of certain controlled substances in the blood.

Thus, being charged with “DUI” rather than “DWI” ordinarily does not indicate a different offense, evidentiary standard, or penalty in Virginia. The exact statutory subsection, facts, prior convictions, BAC level, and any aggravating circumstances determine the potential consequences—not which abbreviation is used.

Never ever walk into to a courtroom, or any situation where your freedom could be taken, without skilled criminal defense attorney. Simply because you think you admitted to something incriminating or wrote a statement that is incriminating, does not mean this potential piece of. evidence will be admitting into evidence or by used against you at trial. A seasoned trial lawyer will examine the case from start to finish and often statements made by defendants can ultimately be suppressed and prevented from coming into evidence.

If you were involved in automobile accident and you believe the accident was clearly your fault, this does not mean that you will be automatically be convicted of this traffic infraction. The following too close or reckless driving ticket is a class 1 misdemeanor and you are facing up to 12 months in jail and a $2,500.00 fine. Never go to court and plead guilty, or in some incidents, the traffic infraction may be pre-payable. You never want to plead guilty or pre-pay these accident related tickets. Pre-paying a ticket is the same as pleading guilty. More importantly, a guilty plea in traffic court can be used against you as an admission of guilty in subsequent civil proceedings relating to the other party’s claims for compensatory damages for injuries sustained as a result of the accident. Protective your rights and protective your future and call The Stellute Law Firm right now to assist with this matter.

A Preliminary Hearing is conducted in a felony case to determine whether there is probable cause—“reasonable ground”—to believe that: (1) a felony was committed; and (2) the accused committed it. It is not a trial on guilt or innocence. The Commonwealth presents evidence, and the accused may cross-examine the Commonwealth’s witnesses, present witnesses, and testify. The accused does not enter a plea at the hearing. The defense does not present any evidence at this hearing.

If probable cause is found, the charge is certified to the circuit court, where it may be presented to a grand jury. If probable cause is not found, the district court may dismiss the charge or address any appropriate lesser offense. A person arrested on a felony charge is statutorily entitled to a preliminary hearing unless it is waived in writing.

Preliminary Hearings are ordinarily conducted in Virginia’s district courts, which are courts not of record. In the General District Court, most adult felony charges. Once a felony is certified, jurisdiction over the charge passes to the Circuit Court. In the Juvenile & Domestic Relations District Court, Felonies within that court’s subject-matter jurisdiction, including: certain offenses against children; offenses between family or household members; and, qualifying felony charges against juveniles, including proceedings concerning certification or transfer for trial as an adult.

Thus, the preliminary hearing occurs in the appropriate general district court or juvenile and domestic relations district court, while the felony trial itself—if the case proceeds—is held
in circuit court.

In the Commonwealth of Virginia, a Misdemeanor is a criminal law that provides for possible incarceration of up to 12 months and the payment of fines. There are four classes of misdemeanors with varying degrees of punishment. A felony is a criminal law that provides for incarceration greater than 12 months and the payment of fines. Capital felonies can result in execution. In Virginia, felonies are classified by the amount of possible punishment.

The typical steps for most criminal cases include the pre-arrest investigation by the police; the issuance of a summons, warrant or indictment; the formal arrest and booking process; the appearance before a magistrate and the setting of a bond; the initial appearance before a district judge and determining if the accused will have an attorney; a preliminary hearing in felony cases when an arrest is by a warrant; review of indictments by a grand jury in felony cases; the scheduling of the trial; pretrial motions; arraignment and plea; the trial; a sentencing hearing if found guilty; and thereafter the appeal process.

Trials are judicial proceedings conducted in a court and designed to reach a decision based
upon the facts, common sense, reason and applicable law. The conduct of a trial is governed by numerous rules, presumptions, and procedures designed to promote fairness and justice.
Criminal trials involve allegations of a violation of criminal law. These matters involve the
determination of the guilt or innocence of an accused and the imposition of punishment. The
process usually begins with the institution of a warrant or indictment against an accused.

The rules of evidence control what evidence is material, relevant, and admissible in court. For example, the hearsay rule generally prohibits statements by individuals who are not in court. In addition, certain constitutional requirements may also determine if certain evidence may be used or if it is to be excluded from a trial. Application of these rules is within the sound discretion of the trial judge. The trier of fact, judge or jury in a jury trial, decides the meaning and relative importance of the evidence.

Despite being charged with a criminal offense, a defendant is presumed to be innocent. The prosecuting authorities have the burden to prove guilt beyond a reasonable doubt. An accused is entitled to this presumption at all stages of their case. Generally, if the trier of fact believes the evidence against an accused is sufficient to prove guilt, the prosecuting authority will have overcome the presumption of innocence.

A reasonable doubt is a doubt based on the judge’s or jury’s sound judgment after a full and impartial consideration of all the evidence of the case. As such, the “reasonable doubt” standard is subjective, ambiguous, and interpretive. It is not an objective standard, and creates uncertainty regarding the outcome of criminal cases.

An accused has a right to a trial by a jury of their peers. The jury’s decision must be unanimous. Each juror must find an accused guilty or not guilty. If the jury is unable to decide, then a case may be retried. An accused does not have a right to a jury trial if there is a guilty plea.

An accused has a right to call witnesses and to present evidence in their own behalf. Witnesses would be subject to questioning (cross-examination) by the prosecution. The judge or jury decides whether to believe a witness. The judge or jury can accept or reject the testimony of any witness, in whole or in part, when considered with other evidence. An accused has a right to compel the attendance of witnesses to court by a subpoena. An accused should provide the witnesses’ names, addresses, telephone numbers, a written summary of their testimony, and whether you believe, they will be favorable or unfavorable witnesses. You should always timely subpoena any witness. If you do not subpoena a witness, and they do not appear on the trial date, the judge may require you to proceed, even though the witness is not present. If you subpoena the witness, and they are served, and the witness does not appear, then there is a greater chance that the judge will continue the case. Always make sure that you give the names, addresses, and telephone numbers of any witness to your attorney in sufficient time to subpoena all necessary witnesses.

An accused has the right to testify but is not required to do so. This is his or her decision. If an accused does testify, he or she waives the privilege of not giving evidence against themselves. An accused will be subject to all the rules of cross-examination as any other witness. An accused may not testify just to events and circumstances that merely supports his or her defense, and selectively suppress other relevant facts and matters that incriminate them. The trier of fact can view testimony in a positive or negative manner, and may believe or disbelieve what is said. The judge or jury will have the opportunity to listen to what is said, observe the witness’s demeanor, and then decide the significance of the testimony, within the context of all the evidence. An accused should consider the pros and cons of testifying. His or her testimony could affect a finding of guilt, innocence, or your sentence.

Yes. If you are found guilty, including pleading guilty, there can be significant consequences beyond your immediate case. This can include important past, present, or future matters. Such matters may include without limitation civil matters, domestic matters, military matters, employment matters, prior criminal or traffic matters, immigration matters, and other rights and privileges of citizenship. Importantly, prior suspended criminal sentences could be revoked.

Generally no. There are no guarantees in most human activities, and regretfully this is true of the criminal justice. Despite elaborate rules and procedures designed to promote accuracy and reliability, the judicial process is not perfect and is subject to the same limitations intrinsic in all human activities. For example, evidence and facts presented at trial may differ with one’s expectations; witnesses may lie; honest witnesses may not be believed; or judges or juries may have differing views regarding the law or evidence. Consequently, there is always an element of risk going to court, and guaranteed outcomes are generally impossible.

Generally, and unless you are a criminal defense trial lawyer, you will, and should, have many important questions that are specific to what you are being accused of. Although we have provided a number of answers regarding general criminal and traffic offenses questions, you should ask all questions pertaining to your case. Please contact us 24/7 at 757-722-2815 and speak with an agent right now!