How to Know if You Need a Lawyer for A criminal case in Fairfax County
Unless you are absolutely sure of what can happen in court you should at a minimum discuss your case with an attorney. Attorneys across Virginia get calls frequently from people who went to court by themselves, assumed how the law worked and then are stunned when things aren’t as they imagined. Many people overstate the potential problems that may occur, but it is important to know that in Virginia ALL CRIMINAL CASES STAY ON YOUR RECORD FOR LIFE. EXPUNGMENTS OR HAVING YOUR RECORDS SEALED OR CLEANED ARE ONLY POSSIBLE IF YOU ARE FOUND NOT GUILTY OR IF THE GOVERNMENT DROPS THE CASE. IF YOU ARE FOUND GUILTY YOU WILL ALWAYS HAVE A RECORD. IF YOU PLEAD NO CONTEST YOU WILL ALWAYS HAVE A RECORD. IF YOU AGREE TO HAVE YOUR CASE DISMISSED AFTER COMMUNITY SERVICE AND CLASSES YOU WILL ALWAYS HAVE A RECORD OF THE ARREST. It cannot be stressed enough how important it is to make sure that you understand the consequences so that you can make a educated decision on whether you need a lawyer or not.
So if you were just charged with a minor shoplifting and the judge said you would just get a fine, that fine is usually not the biggest issue. The much bigger issue is that when you call a lawyer in 3, 5, or 20 years and mention that you can’t get a job that has a background check, that lawyer is going to tell you there is nothing they can do to help.
That is certainly not to say that every person who has ever been to court is going to be unemployed for the rest of their lives. Rather it is to say that a lot of people aren’t properly weighing the consequences of court before they try to handle things themselves.
Following these steps will help you analysis your case and determine if you should hire a lawyer:
- Is the charge the type that would cause you problems if future bosses/employers learned about it?
If you are charged with something like drunk in public, it won’t hurt you too bad if at all in a lot of industries. However, if you are charged with theft, fraud or embezzlement it may make it difficult to get a job. It will probably be very difficult to get anything in a trust position. So before you go to court, think about what you want to do professionally, think about the industry and think about how potential future bosses would view that mark on your record. If you are looking to go into an industry that doesn’t do background checks, then it probably won’t be a problem. But if your future prospects are going to involve reviews of your record, you should be increasingly interested in having a lawyer make sure you get the best result possible.
- Do a little research on your own.
There are a ton of resources available that will give you information on the crime you are alleged to have committed. Be careful as there is a lot of false information on the internet. You should never rely on specific results and assume that is what will happen in your case. What happens on Day 1 in Courtroom A is completely different than what happens on Day 2 in Courtroom B. There is a specific type of charge that is very upsetting to one judge in Fairfax. If you come in front of him on this charge you will go to jail. In front of any of the other judges and the charge will get dismissed with a warning. The point is never assume that because someone on the internet (who may be lying) says that they received a certain outcome, that you will also get that outcome.
Rather a better use of the internet is to learn about the nature of the crime and what the punishment range is. You should be warned that Virginia has very high maximum penalties for most crimes. For example, all Reckless Drivings are technically punishable by 12 months in jail. While nobody gets nearly that much time, and you shouldn’t hire a lawyer because you are scared about going to jail for a year, it does give you a basis to know how seriously the courts take certain charges. If you look up your charge and see that the max fine is $250, well then you know its not that big of a deal and a lawyer will probably not be necessary. But take the time to learn that information.
- Talk to at least 1, but preferably 3 lawyers.
The vast majority of criminal lawyers in Fairfax County offer free consultations. Give one a call, take 5 or 10 minutes and discuss the facts of your case and what your concerns are about the potential outcomes. Share any questions you may have about the process. Obviously get a quote about how much the lawyer costs. It shouldn’t take more than a few minutes and most will either meet over the phone or talk in person. Or if you are really pressed for time, simply send an email. You can even copy the same email to three different lawyers. That way you can get differing views and strategy.
In Conclusion, every day all over the Fairfax County Courthouse many people go into court by themselves. For many people its fine. They just get a small fine and never really have to worry about it again. But for several others, they have made a decision that they will never be able to fix. They have committed to having a criminal record when it very easily could have been avoided. If you aren’t sure which category you are in, make sure that you do your research before court and understand how the system works. There is simply too much at stake to do otherwise.
