01. The police officer calls with some questions, what to do?
You are under no legal obligation to talk to law enforcement or participate in an investigation that may involve you or someone close to you. The law mandates citizens to provide identifying information in an inquiry. Still, they are not required to say anything about any other facts they may inquire about. Remember that anything you say can be used against you in a court of law. Having an attorney present during that conversation may be a good idea. Remember, those police investigators are trained to elicit incriminating responses, and you may find yourself in trouble by saying anything that may be interpreted as an admission of some wrongdoing.
02. I was accused of a crime but have not been charged or arrested; what to do?
First, contact a criminal defense lawyer to check if there is an active warrant for your arrest and help you to locate and preserve the evidence that proves your innocence. It could be eyewitnesses, their names and contact information, videos, or other digital evidence, like text messages or e-mails. There are a lot of things that an experienced criminal defense attorney can help you with, initial investigation, possibly contacting law enforcement on your behalf, and giving putting your worries at ease, and giving you peace of mind. Therefore, you must speak to a criminal defense attorney as soon as possible. We offer a free initial consultation to all interested parties, including close family members.
03. My case was assigned to a public defender/court-appointed lawyer; should I hire my own defense attorney instead?
You may get lucky and get your case assigned to a great court-appointed lawyer who will take great care of you and your case. But You cannot choose who will be assigned to your case unless you hire the attorney of your own choosing. Many well-qualified and experienced public defenders and court-appointed attorneys take pride in their work. But often, they are overworked and simply can’t find time to give each client the attention they deserve. Unfortunately, there are some bad apples out there as well. Speak to your public defender/court-appointed attorney, and then decide based on how comfortable you are moving forward with their representation.
04. What is the difference between a felony and a misdemeanor?
In Virginia, a felony is a crime that carries the possible imprisonment for one year or more. There are six categories of felonies varying in severity and length of possible sentence. Misdemeanors, of which there are four classes, are considered less serious offenses, punishable by up to 12 months in jail, up to a $2,500 fine, or a combination thereof, as well as potential other specific to the case consequences like mandatory counseling, community service, depending on the nature of the offense. In some cases, an experienced defense attorney can convince the judge to reduce the felony to a misdemeanor even if the evidence in the case may support the felony conviction.