by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Handle a First-Time Criminal Charge Is this your first time being charged with a crime? Is there anything you can do to ease the stress and win the case? Read tips here. Are you suspected of being involved in a criminal offense? What lies ahead is intimidatingfor most first-timers in the criminal justice system, and many will have questions like: Are there alternatives to jail time, and can I continue to work? Does an arrest automatically mean that I’m guilty; or can I fight charges? Is going to court mandatory, or can I quietly accept a plea bargain? What am I up against? Jail time, fines, job loss? What’s the timeline to get over the case? Will an arrest become public knowledge among friends, family or foes? Will this stay on my record indefinitely? These are all good questions, and there’s no correct answer – as each case is different. Still, there are steps defendants can take to influence a better outcome – but let’s firsttake a look at what it means to have a criminal charge: Handling the Criminal Charge Experts advise on acquainting first-timers with the following: The Consequences of the Offense – review Virginia criminal codes for the minimum mandatory sentencing of the related crime. As an illustration: A DWI charge may result in license suspension for up to one year if it’s your first offense. Failing to observe the rules may result in even greater penalties. The Court Date – missing an initial court appearance can leave you facing additional criminal charges, including being in contempt of court or failure...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Avoid Jail Time with Alternative Sentencing Options Do you fear that your freedom is on the line due to an impending court trial? Are you apprehensive about jail time and are wondering how to pilot through lost wages while doing time? If you’ve just been charged with a criminal offense such as domestic violence, driving under the influence, petty theft, possession of drugs, or some other misdemeanor offense, are there alternatives to jail time? The answer is maybe – depending on the details of the case. A lawyer can work toward getting the lowest sentencing possible; dismissing the charges; or, keeping you out of jail so that you can continue with life. Here are some of the top alternative options to jail: Probation – has its own set of rules in each case. The offender will need to meet all the prerequisites, like not committing new or repeat offenses during probation. Offenders will also need to report to the assigned probation officer periodically, and remain within state lines. Electronic Monitoring – in many cases offenders can carry on with their daily lives by wearing an ankle bracelet. Offenders will be restricted when travelling outside their homes, in that they can only travel to work, school or treatment programs for instance. Typically if offenders violate the terms of the electronic monitoring, then an arrest will be made. Drug and Alcohol Treatment Program – which is popular with DUI offenders or nonviolent drug offenders. If found in possession of drugs for instance, and the quantity held is limited, these programs are usually granted for first time offenders....
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Fairfax County Preliminary Hearings Under Virginia law, Felony cases typically originate with a Preliminary hearing in the General District Court. The General District Court in Fairfax hears cases on the first and second floors. Circuit Court is in the same building and hears cases on the fourth and fifth floors. During a Preliminary hearing, the Government is required to put on evidence to establish that probable cause exists. Probable cause is a very low standard. The Government is only required to show that a crime probably took place and that the accused probably did it. They do not have to prove it beyond a reasonable doubt and often a confession or statements by the accused can be sufficient to establish probable cause. Sometimes just the statements by a victim can be enough to carry the case. If after hearing the evidence the judge believes that probable cause exists, the case will be sent to Circuit Court. Additionally, the result of the Preliminary hearing may not be final. Even if the judge finds that probable cause doesn’t exist, the Government can still elect to send the case to Circuit Court. This is called a straight indictment. If the Government elects to proceed in this fashion it can cause certain problems for the accused. The biggest problem is that a straight indictment is technically a new case. The accused may be rearrested and required to pay a new bond. Also, any time the accused has spent in jail may not be credited against the new charge. Because these problems may exist if a matter is straight indicted and because you technically...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Fairfax County Assault on a Police Officer Under state law, any assault and/or assault and battery on a Police Officer is a Class 6 felony. It is punishable by a sentence of up to 5 years in jail. However, unlike other class 5 felonies there is mandatory minimum of 6 months in jail. That means that the judge or jury will have no discretion if they find you guilty of the charge you will have to do at least 6 months. Assaults come in a wide range of forms and can present many different issues and opportunities for the defense. Obviously, they will almost always involve law enforcement in some way, rather it is a cop, probation officer, or other individual. That will play a major role in the resolution of the case. The arrest must be for a lawful reason. The law allows a person to resist an unlawful arrest, provided the force used is appropriate. Any arrest requires the officer to have either an arrest warrant or probable cause. A showing that the arrest was without sufficient probable cause may be the difference between having your case thrown out and spending six months in jail. So for example, lets say Officer A is on patrol and decides to Arrest Suspect B. During that arrest suspect B becomes unruly and punches the officer in the face. The officer then tases him, arrests him and takes him to jail. At the jail the suspect is charged with Assault on a Police Officer. At trial, the suspect may be able to challenge the reason for the underlying arrest. So lets...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Can a Conviction Prevent Me From Getting a Job? There are many sources of anxiety associated with facing a criminal charge in Virginia. An obvious concern is the possibility that a conviction could lead to time in a jail or prison. There can also be other, “collateral” consequences. For example, convictions can entail lengthy periods of probation or the suspension of a license. Perhaps most concerning is the effect a criminal conviction can have on future employment. More and more, employers in Virginia and other states are concerned with their employee’s criminal records. Some claim that as many as 92% of employers conduct background checks when hiring for some positions. Indeed, the impact that a criminal conviction can have on a job search in Virginia can be challenging. The Short Answer is “Yes, a Conviction CAN Keep You From Getting Employment” Whether or not a conviction will keep you from getting a job will often depend on the kind of job sought. In Virginia, there are positionsthat are tougher to get by law for those convicted of certain kinds of crimes.For example, teachers are required to swear under oath that they have not been convicted of a felony or a crime involving sexual abuse or rapeof a child before they can be hired by a public school. The upside is that many positions are still available even after conviction of a serious crime like a felony. Still, a criminal conviction can be a serious disadvantage in the job hunt. Many employers are skeptical of hiring employees that have strings of or even a single criminal conviction. The problem might...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How is Bond Handled in Criminal Cases in Fairfax County? When a person is first arrested for an alleged criminal case, the police take that person before a magistrate. Amongst other things the magistrate determines what the exact charge against the person will be. The magistrate also sets a bond. The bond is the amount of money the person will have to pay to be released from jail pending their court date. In determining an appropriate amount of money the magistrate will look at the persons prior criminal record if one exists, and the nature of the charge. The magistrate will be looking to see if the person is a threat to community or a flight risk. If the arrest is for a relatively minor charge and the person does not have a significant criminal history, the magistrate may allow the person a personal recognizance or PR bond. In that circumstance, no amount of money would have to be paid. The person would simply have to sign a form agreeing to return to court on their scheduled court date. If the charge is more serious and/or the person has a criminal record the magistrate may require a bond to be paid. This amount is up to the magistrate’s discretion and will vary depending on the facts of the specific case. If a person chooses to pay the bond themselves, the amount will be returned at the conclusion of the case, provided the individual attends all court hearings. Or you can hire a bail bondsman to pay the bond for you. The bondsman takes a fee for this service (usually...
