Traffic, DUI, Criminal
Frequently Asked Questions
1) I heard there are new fines for traffic offenses, is that true?
Answer: Yes, as of July 1, 2007, Virginia has imposed new civil fines for certain traffic offenses. These new fines range anywhere from $750 to $3,000, and can be for a variety of reasons. For example, a reckless driving conviction now carries with it a $1,050 civil fine on top of the regular fines and costs. The fine for a first offense drunk driving conviction is $2,250. An attorney can not only help you defend yourself but possibly save you money.
2) Are traffic violations really that serious?
Answer: In Virginia, some traffic violations carry a possible jail sentence of up to one year in jail, severe fines and costs, the possible loss of your license, an increase in your DMV points, and a possible increase in your insurance. An attorney can improve the chances that you offense will not have serious consequences.
3) What should I do if I’m arrested?
Answer: Most importantly, remain silent. You have the right to remain silent, and you have the right to have an attorney present during any questioning. By staying silent you can keep anything you say from being used against you in court. You also should not resist arrest, even if you think the reason for your arrest isn’t valid. Finally, call us immediately at (757)340-4070.
4) How is bond determined in criminal cases?
Answer: Usually the person arrested is taken before the magistrate. The magistrate will determine if the person can be released on his or her recognizance or if some type of bond is necessary. If the bond is too high or no bond is set then the person is taken before a judge for the determination. If the judge does not modify or set bond then a bond hearing with an attorney can be scheduled. Any bond set by a Juvenile and Domestic Relations Court judge or a General District Court judge can be appealed to the Circuit Court.
5) What are the possible punishments for being convicted?
Answer: It depends on what you are charged with. In Virginia there are two classes of offenses – misdemeanors, which are less serious, and felonies, which are more serious. They are classified in the following way:
Misdemeanors
Class 1 – Up to 12 months in jail, and/or a fine of up to $2,500.
Class 2 – Up to 6 months in jail, and/or a fine of up to $1,000.
Class 3 – A fine of up to $500.
Class 4 – A fine of up to $250.
Felonies
Class 1 – The death penalty or life in the penitentiary, and/or a fine of up to $100,000.
Class 2 – 20 years to life in the penitentiary, and/or a fine of up to $100,000.
Class 3 – 5 to 20 years in the penitentiary, and/or a fine of up to $100,000.
Class 4 – 2 to 10 years in the penitentiary and/or a fine of up to $100,000.
Class 5 – 1 to 10 years in the penitentiary and/or a fine of up to $2,500.
Class 6 – 1 to 5 years in the penitentiary and/or a fine of up to $2,500.
Some charges also carry additional penalties, such as the loss of your license, attendance of ASAP, civil fines, etc. An attorney is your best option for reducing the risk of receiving a sever penalty.
6) Can I get my criminal record expunged?
Answer: Generally speaking, you can only get the police records and court records of a proceeding against you expunged if you were acquitted, the charge was dropped, or it was dismissed pursuant to an accord and satisfaction. However, contact us to see if an exception may apply in your case.
7) Why do I need an attorney?
Answer: You need an attorney to make sure your rights are being protected. An experienced attorney knows how the criminal justice system works and is best able to deal with the police, prosecutors and judges involved in your case. Whether it is defending you in a criminal trial or negotiating a plea agreement, our attorneys can help you decide how best to proceed with your case and gain the best result.
