criminal court cases what to expect from an attorney virginia

After the charges are filed you can expect a Virginia Beach criminal attorney to begin building your case. This involves looking at the evidence and sometimes trying to negotiate with the prosecutor to see if they can offer good deals in situations that otherwise don’t have much of a fight possible.

Full Answer

Do you need a lawyer to defend you in Virginia?

If you have been charged with a crime in Virginia, here's what you can expect. If you need a lawyer to defend you, call Snook & Haughey at 434-293-8185. Snook & Haughey, P.C. Aggressive and ethical representation in Central Virginia Menu Home What We Do Criminal Law Felony Defense Traffic Offenses DUI Juvenile Court Drug Defense Federal Cases

What happens if you are charged with a crime in Virginia?

If you have been charged with a crime in Virginia, the process may seem confusing, and you probably do not know what to expect. While the court process will vary slightly depending on whether you were charged in Fairfax or another jurisdiction, the basic procedure is the same.

What to expect at a court hearing for a misdemeanor?

Here are the court hearings that you can expect: Arraignment. Your first hearing after being charged with a misdemeanor will be an arraignment—also known as an advisement—although some judges will skip this step and set a case for trial. You do not need to enter a plea or present witnesses at this hearing.

Where can I find court cases in Virginia?

Online access to the case management system for the Supreme Court of Virginia. Cases may be searched using name or case number. Court of Appeals of Virginia Case Information Online access to the case management system for the Court of Appeals of Virginia.

Can charges be dropped at a preliminary hearing in Virginia?

What are the possible outcomes of a preliminary hearing? Under Virginia Code § 19.2-186, once all of the evidence is heard, the judge has three options: If the judge believes that there is not sufficient cause for charging the accused with the felonies, the judge can dismiss the charges and discharge the accused.

Can my lawyer go to court for me in Virginia?

Can An Attorney Go To Court On Your Behalf? Yes, if you are charged with Virginia reckless driving, the attorney may be able to go to court on your behalf. This may include negotiating with a Commonwealth Attorney and potentially even having a trial in your absence.

Can my lawyer go to my arraignment for me?

However, some counties allow an attorney to handle your arraignment for you if you have already hired an attorney. This saves you from going to court. Your attorney will know if the county where you are charged will waive your appearance at arraignment.

What happens at a 1st court hearing?

It is usually a short meeting for the Judge to decide how the case should be organised. The first hearing (First Hearing Dispute Resolution) is usually quite short, and everyone is asked to prepare information for another hearing a few weeks later.

What is an attorney vs lawyer?

However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

What happens if you plead guilty at an arraignment?

If you do not want to contest the charge or talk to an attorney, you can plead "guilty" or "no contest" at the arraignment and the judge will usually sentence you on the spot.

What is the first stage in the criminal case process called?

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

How long can you be held in jail without being convicted?

Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.

Is a continuance a good thing?

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back.

What does to be spoken to mean in criminal court?

To be spoken to: This describes a matter which is returning for another administrative appearance to update the court on where the matter is going, how it is progressing, and what is preventing it from being resolved by a plea, withdrawal, or trial.

How long after court are you charged?

Time between the offence being committed and being charged: 323 days. Time between being charged and the first hearing: 34 days. Time between the first hearing and completion at the magistrates': 9 days. Time between the sending of the case to Crown Court to the start of trial: 119 days.

What does entered no plea mean?

If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. (The judge may first try to determine why the defendant won't plead and convince him or her to do so.)

Can anyone attend a court hearing in Virginia?

In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Virginia state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See Publicker Indus.

How long does a warrant stay active in Virginia?

An inspection warrant shall be effective for the time specified therein, for a period of not more than ten days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest.

What is a capias in Virginia?

A capias warrant is a warrant for your arrest issued by a judge. In Virginia, capias warrants are most often issued by judges against criminal defendants or witnesses who fail to appear in court as scheduled.

Can you reschedule a court date in VA?

JUDICIAL APPROVAL: The Court must approve all continuances. All continuance requests shall be in writing using the Continuance Request Form provided by the Clerk, and may be mailed, faxed, or hand-delivered. A continuance may be granted if the Court receives the request least seven (7) days prior to the hearing.

What Is the Arrest Procedure in Virginia?

The first step in a criminal case is charging a person with a crime. This is done through the issuance of a summons or a warrant. A warrant is issued by a judicial officer—often a magistrate—who makes a decision that there is probable cause to believe the person committed a crime. The warrant authorizes the police to arrest the person and bring him to court. If you are arrested on a warrant, you may need to post a bond to be released from jail. A bond is a written promise from you to return to court hearings and payment of a certain amount that is forfeited if you violate the terms of your bond.

How long is a misdemeanor sentence?

Misdemeanors are punishable by a maximum sentence of one year in jail , whereas you could face a lengthy prison sentence in a state penitentiary if you are convicted of a felony. The court procedures are also very different for misdemeanors and felonies. Here, we discuss what to expect if you are charged with a misdemeanor offense.

What is the first hearing after a misdemeanor?

Arraignment. Your first hearing after being charged with a misdemeanor will be an arraignment —also known as an advisement—although some judges will skip this step and set a case for trial. You do not need to enter a plea or present witnesses at this hearing.

What is the most serious misdemeanor?

Misdemeanors are classified into four classifications, with a Class 1 misdemeanor being the most serious. You could face the following penalties if convicted:

What are the two types of crimes in Virginia?

Like in other states, there are two categories of crimes in Virginia: misdemeanors and felonies , which carry very different penalties.

What happens if you are arrested on a warrant?

If you are arrested on a warrant, you may need to post a bond to be released from jail. A bond is a written promise from you to return to court hearings and payment of a certain amount that is forfeited if you violate the terms of your bond. A summons is not issued by a judge or magistrate.

What happens if you don't plead guilty?

If your case is not resolved by a plea agreement, it will most likely be continued and set for another trial date. At your trial, you will have the right to raise your defenses and present witnesses. At the end of the trial, the judge will find you either guilty or not guilty of the crime you are charged of committing.

Can You Cross Examine The Officer and Negotiate Your Penalties Without a Lawyer?

You can. The only catch is that if you do cross examine the officer, you are subject to the exact same rules of evidence that an attorney would be subjected to. This means that if you ask a question that would not be allowed to be asked by an attorney, then it will not be allowed to be asked by you either, and it will not be admitted into evidence.

Why Is Hiring A Lawyer Important For a Speeding Ticket Case?

It is important to seek an aggressive Virginia speeding ticket lawyer because there are a lot of little nuances to speeding ticket laws that a lawyer should know, and a good aggressive one will make sure that they tackles head on. You want someone who will cross examine the police officer and make them go through all the steps necessary to get a proper conviction. You want them to go through the calibration certificate and all these little details that may seem mundane, but can make a huge difference in the case if they are done improperly.

What Happens if An Officer Does Not Have Their Report or Cannot Remember What Happened?

If the officer is not there, the majority of the time their absence will be excused by the court as long as they called ahead. Usually, officers call ahead with a good excuse such as training or they are having a sick day, in which case the judge will continue the case on to another day so the officer can appear. However, if the officer has an unexcused absence, he does not show up for any unexcused reason, or nobody knows where he is, a lot of times the judge will dismiss the case for this.

What to expect in court for a speeding ticket in Virginia?

If you are issued a speeding ticket in Virginia you are not required to show up in court and can instead plead guilty and prepay your fine online or in the mail without even stepping foot in court.

What happens after a plea?

Following your plea, the officer will testify as to what happened and you will have the opportunity to question the officer, or your lawyer can question the officer for you, and then you have the opportunity to testify yourself as to what happened.

How to prove a speedometer is calibrated?

To show that your speedometer was calibrated and tested, you have to have a document that shows that and you must introduce this document as evidence in your hearing when it is your turn to testify. A lawyer can help because there are some pretty strict rules of evidence regarding when documents are allowed to be introduced. Some judges are more strict than others and some will be a little bit more understanding in traffic cases than in criminal cases.

Where are speeding tickets heard?

Speeding ticket cases are always heard in the General District Court. Sometimes courts have a traffic courtroom and sometimes they are mixed in with all of the criminal cases.

Priorities for Leesburg Prosecutors

The Loudoun County Commonwealth Attorney’s office prosecutes cases for the Town of Leesburg. There is not separate Leesburg prosecutor as in many other jurisdictions in the Commonwealth of Virginia.

How Do Leesburg Courts Treat Criminal Cases?

Leesburg courts take all criminal charges very seriously. However some cases are taken more seriously than others.

What Is An Arraignment?

An arraignment takes several forms depending on what type of criminal offense you are charged with. For example, if you are charged with a misdemeanor offense your arraignment will result in an advisement under certain circumstances which may not occur until several weeks or even months after the offense.