If you are facing criminal charges, you know that the legal system can be very confusing and stressful to try to navigate. Partnering with a skilled lawyer is the best way to relieve the anxiety associated with your situation. Below are a few frequently asked questions to assist you in better understanding the issues surrounding the charges brought against you:



What is the difference between a misdemeanor and a felony?

Misdemeanor charges have fewer consequences than felony charges and are often thought of as less serious offenses. Although misdemeanor charges are punishable for a prison term as long as one year, the fines and prison term for a misdemeanor are much less than those for a felony. Both misdemeanors and felonies appear on a criminal record, which may negatively impact your ability to be hired for a job, to be approved for housing, and other things of that nature. Disorderly conduct, public intoxication, DUI, theft, vandalism, and drug possession are all examples of crimes that result in misdemeanor charges. Felony charges usually lead to prison terms of over a year and higher fines. Felony charges range from charges of treason, murder, rape, kidnapping, and robbery.

Is it okay to talk to my family and friends about my criminal charges?

No, it is not advised to discuss any of your criminal charges with family or friends. Your attorney is the only person that you should be speaking with about important legal matters. Anything that you say about the charges brought against you can be used against you later in a court of law. From the moment you’re arrested, everything that you say from that point on can be used as evidence against you, so it is crucial that you be very careful when speaking to others. Contacting an experienced lawyer immediately is the best way to protect yourself from saying anything that might incriminate you.

If I plan on pleading guilty do I still need an attorney to represent me?

Yes. Although you may wish to plead guilty to the charges brought against you, the assistance of a lawyer could mean the difference between you spending a year in jail and only having to complete several weeks of community service. There is a wide range of punishments and penalties for crimes and a knowledgeable attorney has the experience to ensure that your punishment is minimized.

Do I have to testify in court?

No, you are not required to testify in court, however, it is your right to do so if you choose. Speaking with a lawyer will help you decide whether or not testifying is the appropriate action to help your defense.

By: Joseph Devine

When you find yourself being charged with serious crimes you cannot hesitate to take actions. Your need for a defense attorney is immediate. The minute you are engaged with the police regarding these charges your defense lawyer has the ability to prevent worse case scenarios.

The law permits you to the right to an attorney so why would you forsake your right? You need to protect yourself and a good lawyer will help you do it. Many people make big mistakes when they are arrested, like speaking when they shouldn’t, and the professional advice of an attorney is invaluable in these situations.

When you are being arrested you should contact a defense attorney in the Sacramento area immediately, which doesn’t give you much time to research which attorney is best for you. Consider what you know about your local defense attorneys and what others in the community have said about their services.

Also keep in mind that an attorney will require a retainer payment. Typically this is a preset amount that will ensure that you and your attorney have a binding agreement. The attorney will bill his time against the retainer amount and when those funds are low, he will require another retainer to continue his representation.

The most important thing to remember in regards to your criminal defense attorney is to tell your attorney the truth. They must be prepared for the possible evidence and accusations that the prosecution is going to try to prove. To defend you properly your attorney must know the details.

Even if you think that withholding certain evidence won’t affect your case, you shouldn’t. You cannot understand the complexity of the judicial system and leaving out any facts will put your case in jeopardy. Follow your attorney’s suggestions and guidance and you will surely be better off.

These tips on locating, utilizing and working with your defense attorney will help put you in the best possible position in the very stressful process. From getting a satisfactory offer from the prosecution side, to getting your bail reduced to an affordable amount and possibly getting charges dropped altogether, your attorney has the ability to lighten that stress.

The right attorney will work diligently to prepare a defense case that is impenetrable, shows the jury or judge that there is reasonable doubt in your charges and that a lighter sentence, if one is issued, would be in the interest of justice.

By: Andie Riley

Virginia DUI Law

Driving under the influence of alcohol or drugs is illegal in the state of Virginia. Because it is illegal, driving under the influence means that you can be charged with a criminal offense and face serious penalties that may include jail time, fines, and loss of your driver’s license. All of these consequences can seriously impact your life and make it difficult for you to maintain employment and meet all of your other obligations. This can make your life very difficult, especially when you lose your freedom or your ability to get where you need to go. Hiring a Virginia DUI lawyer will not guarantee a win in your DUI case, but it can give you an advantage. A Virginia DUI attorney is a specially trained lawyer with experience and skill in defending DUI defendants. If you want the best chance for winning your case, a Virginia DUI lawyer is the only way to go.

Virginia DUI Offenses and Prosecution

Being arrested for a DUI offense in Virginia will result in two separate cases being started against you. One will be the criminal case where you face criminal charges and harsh penalties if you are convicted. This case can be frustrating and worrisome because being convicted means that you will have a criminal record and may be penalized with jail time and other stiff punishments. The second case is an administrative proceeding where the state of Virginia will attempt to suspend your driving privileges for a specific period of time. Not having any driving privileges will make your life very difficult, especially if you live in an area where you do not have access to trains, buses, or other forms of transportation. You may have to rely on others to get where you need to go. Hiring a skilled Virginia DUI lawyer can help you to keep your driving privileges and defend yourself against the DUI charges in your criminal case.

There are two ways that a person can be prosecuted for driving while intoxicated in the state of Virginia. One of these ways is based on the impairment of the driver after consuming alcohol. With this type of prosecution, the case is built around the driver being too impaired to operate a motor vehicle. Driving habits, failure to perform sobriety tests successfully, the physical appearance of the defendant, and the smell of alcohol on the defendant may all be taken into consideration in this type of DUI case. The prosecutor does not have to prove any particular blood alcohol concentration level. The second type of DUI case is based on chemical testing, not on driver habits or behavior. In this type of DUI case, the defendant had a blood alcohol concentration level of greater than the legal limit of 0.08%. Whether the defendant was actually impaired is not relevant in this type of case. The prosecutor simply has to prove that the legal blood alcohol level was exceeded. Both types of cases have serious legal and administrative consequences so it is important that you contact a Virginia DUI lawyer immediately so you have someone to guide you through the legal system and defend you both in court and at any administrative proceedings.

Virginia DUI Criminal Penalties

The penalties for driving under the influence in Virginia can include jail time, fines, and other punishments. These penalties increase with each offense you have been convicted of in the past. For a first offense, you will face up to one year in jail and a one year license suspension. There are mandatory minimum jail sentences for offenders with blood alcohol concentration levels of 0.15% or higher. A second DUI offense will result in a minimum prison sentence of 20 days and license revocation for three years. The penalties are enhanced for offenders with extreme BAC levels. If your license is suspended or revoked, you may be able to get a restricted license. This restricted license will make it possible for you to drive to medical appointments, work, school, and other necessary locations. Some judges will make you wait for 30 days before you are eligible for a restricted license. This means you will not be able to drive at all during the first 30 days of your license suspension period. If the judge makes you wait for 30 days, your lawyer may make a motion that you be allowed to take 7 days off of your suspension period to reflect the time you served with the administrative suspension you were given by the state licensing agency.

Importance of a Virginia DUI Attorney

Having a Virginia DUI lawyer on your team will not guarantee that you successfully defend yourself against DUI charges. There are many variables involved in a DUI case, so guaranteeing a successful outcome would be unethical. However, hiring a Virginia DUI attorney can give you a better chance of having a successful outcome. DUI is a specialized area of the law and attorneys that specialize in DUI have the skills and knowledge needed to defend you against these charges. An experienced Virginia DUI lawyer may have access to expert witnesses or a strong knowledge of chemical testing that can help you during your criminal case. If your attorney is able to find a piece of information or a witness who can shed some doubt on the validity of a chemical test or the testing procedures used, you can use this to your benefit. A skilled Virginia DUI attorney may also be able to help you when it comes time to try to save your driving privileges in the administrative case against you. If you have a Virginia DUI lawyer, he or she will be knowledgeable about these types of hearings and will know what kind of information to focus on when trying to save your licensing privileges.

By: Michael Tasner