Sheryl Shane, Attorney at Law will provide Free Telephone consultations regarding criminal defense matters. An attorney who has (31) years as a litigation attorney. Someone who will work hard and learnedly to protect your rights.

FREE CONSULTS

A consult is having the caller explain the facts of his or her potential criminal case and to determine whether it is the type of case Attorney Sheryl Shane handles in her criminal defense practice. Location is discussed. Cases covered lie in the Northern Virginia area.

Message from Criminal Defense Attorney Sheryl Shane:

“I receive many telephone calls weekly with people seeking legal advice. I do my best to personally speak to those callers. My practice covers primarily criminal defense work. I work in the Northern Virginia area in jurisdictions such as Alexandria, Arlington, Fairfax, Loudoun, Prince William, and Stafford, along with others. I listen and do my best to make callers feel that I am attentive to their issues. I ask questions. We talk.

The client makes a decision as to whether he or she feels comfortable with my demeanor and trusts my ability to craft and execute a solid defense. The initial call is basically a screening for both the caller and myself.

What do I look at during initial consult:

Well, when I speak to a new caller, I attempt to make a determination as to whether the caller is contacting me as to something relevant to my practice. I inquire as to whether the caller needs help regarding pending criminal matters, such as:

  1. A criminal summons has been issued to the caller or to a family member or friend;

  2. An arrest warrant has been issued and the person has been contacted by law enforcement for a turn in;

  3. Criminal charges are pending and the arrested person is currently incarcerated and requires the assistance;

  4. A person has been released from jail but criminal charges are still pending;

  5. There is an ongoing criminal case and the person desires new counsel;

  6. A person has been adjudged “guilty” and is looking for a reconsideration prior to being transferred to the prison system;

  7. On occasion – callers request assistance regarding protective orders.

  8. Violations of protective orders or probation.

These are all matters we can touch on during the initial consult when you are searching to hire the right criminal defense attorney In Northern Virginia.

Phone Calls:

When I receive telephone calls, I attempt to first introduce and identify myself.

I engage with active listening. I ask questions. I than determine whether the case falls under the scope of criminal defense law I practice. I look to the nature of the case and request information as to what type of legal assistance the caller is calling about.

For initial phone calls, my receptionist will answer the phone. Information will be provided to me. I will open up the dialogue if the caller is looking to hire a criminal defense attorney at the locations where I practice. Other times, people may call regarding a type of law which I do not handle. Or perhaps the case is located at a distant location. In those situations, I attempt to help point the caller in the right direction when time permits. If I am busy and have court scheduled or other time restraints and commitments – I may attempt to cut the conversations short. It is my hope that the caller does not deem me inconsiderate. I am doing my best to serve new and existing clients. I owe them the best criminal defense I can provide. I must balance and act diligently when defending their needs. So if you feel I do not spend adequate time in an initial consult when it is outside my scope of work or your case is too far away – please humbly accept my apologies. My callers are normally afraid and under much stress during initial contact. I do my best to respond in a professional manner. I certainly do not want to make them more upset!

What type of Cases do I speak to callers about? Some examples:

I have handled a numerous amount of Simple Assault and Battery cases over the years. Virginia Criminal Code § 18.2-57 is a criminal statute which deals with simple assault & battery, and cases involving the accused indicating a discriminatory intent directed toward race, religion, gender, color, national origin or disability. Generally, simple assault is considered a misdemeanor. However, when a person commits an assault & battery against another and allegedly possessed discriminatory intent, the charge can be elevated to a Felony. Regarding assault and battery against law enforcement, firefighters, EMS, and judges - the charge may also be charged as a Felony under these circumstances. The class of person alleged to be the victim of the assault and battery will affect the seriousness of the charge.

This information is some of the information I may cover during the initial interview – the consult.

Callers often have many questions. Some examples are:

  1. What is the definition of assault and battery?

  2. Do I need to be found guilty of both “assault and battery” or is just “assault or battery” with a disjunctive interpretation?

  3. Can this criminal matter be settled prior to court?

  4. What is the criminal procedure regarding this process?

  5. Can I assert Self–Defense?

  6. What other defenses may I assert?

  7. What is necessary to prepare for trial?

  8. What is the difference between a misdemeanor and felony?

  9. How do I do all this?

  10. What are the possible consequences?

  11. Will I do jail or prison time? Are there fines. What are court costs?

My response to these questions:

As a seasoned Criminal Defense Attorney with 31 years experience as a litigator – I would respond, “Great Questions” and once I am retained – I will cover everything fully. I need to go through your case in a specific manner. Each case is different. Each case must be handled individually. We will spend the time necessary to help accomplish your goals. I will give your case the utmost attention once retained. No lawyer should provide blanket generic advice without doing the research regarding each particular individual and his or her prospective case. Since I am not permitted ethically to make promises - what we can do is review past similar cases and use this as a guide to plan on what path you should take to reach the best results. Smart strategy is what you should be looking for when hiring your criminal defense attorney. Years of criminal defense and litigation experience will benefit your ability to deal with the prosecution, present before the judge, and be prepared in a manner to achieve desired results.

Criminal Defense Attorney Sheryl Shane would like you to know:

The criminal system is a complex administrative and procedural system. It consists of judges and prosecutors with a wide diversity of temperaments. The bench (the judges) each have their own personality and their own thoughts regarding the laws and how each law should be interpreted and applied. Some judges may be former prosecutors, some may have been criminal defense attorneys, some perhaps were both. Other judges hearing criminal law cases– may have been civil attorneys and learn how to proceed over criminal cases when they step onto the bench– they come in with a clean slate. Only time will show their natural predispositions.

As to prosecutors – the Commonwealth’s Office has general policies regarding how the office should be run. I will explain that Fairfax, Prince William, Arlington, Alexandria, Loudoun, Stafford, and Winchester may handle a matter one way – while prosecutors in Warrenton may handle it another. It depends on the Commonwealth attorney who is charge and who is assigned to work under them. There is a variability and complexity of each legal landscape depending on the jurisdiction for which the case is pending. It is important to note that these differences may significantly affect the legal impact and final outcome of your case. It is a good idea to hire someone who has been to the courthouse where you are charged. Experience and knowledge will help navigate the criminal justice system effectively.

Domestic Violence:

There is statute in the Commonwealth of Virginia, Criminal Code § 18.2-57.2 (the domestic violence criminal code) where many people are docketed with the Juvenile and Domestic Relations Court for trial. This statute is very similar to VA Code Ann. § 18.2-57 assault and battery (usually at the general district court), except here – with domestic violence, we are dealing with family and or household members. Both juvenile and domestic relation court and general district courts are district courts. (They are not a court of record). Most misdemeanors will be heard at this Court level. That is unless the case Is direct indicted at the higher court (the prosecutor skips the district court level) and wants to push for a quick trial.

During initial consults, I will generally speak with callers regarding general information on how the court process works. I do this so we can decide whether we will move forward together. I try to sum up the case the best I can in short period – although if retained – I will delve into the criminal case much deeper. I probably will not strategize with the client over the phone during the initial consult. I may explain the difference regarding assault and battery and domestic violence depending on the timing of the phone call, my availability to speak, and if the caller is actually looking to retain my services. Again – the first call is regarding the potential of attorney client relationship.

It is not really meant to provide and explain the specifics of criminal defense law.

Every so often, I have persons telephone regarding Malicious Wounding charges. Malicious wounding is similar to an assault and battery under VA Code § 18.2-57 and VA Code § 18.2-57.2, although it is much more serious and it is a felony. In order to charge for malicious wounding – the prosecution will turn to the seriousness of the crime and injuries. There must also be an ability to show malice on the part of the actor. If there is no malice, the Commonwealth attorney may only charge the accused with an Unlawful Wounding. Both malicious wounding and unlawful wounding charges are found under VA Code § 18.2-51. When the facts and circumstances of the case are so serious – for instance when a limb is permanently damaged and there is a hospital stay for the victim – the charge can be raised to an aggravated malicious wounding under VA Code § 18.2-57.2. I may cover basics with you over the telephone or at an office visit consult. But due to the serious nature of these charges – a more thorough discussion should probably be held off until the real evidence is reviewed.

This attorney receives many calls regarding Strangulation and Suffocation cases under Virginia Criminal Code § 18.2-51.6. When people fight – the aggressor normally does not realize that a simple assault or domestic violence under VA Code Ann. § 18.2-57 and VA Code Ann.§ 18.2-57.2 can turn into a felony when one puts his or her hands on the other’s neck and begins to choke or covers the alleged victim’s mouth and nose to prevent breathing. Strangulation and suffocation are serious offenses. And the prosecution may charge more than one count. These types of conducts can be charged as a felony and a magistrate may deny bond upon arrest. This attorney may be willing to discuss short term possibilities regarding these charges in the initial consult. But Evidence must be thoroughly examined prior to conveying opinions of what the real outcome of the case will be.

Consults regarding Weapon Crimes:

During an initial conversation with a caller, it is sometimes mentioned that there is a weapon charge – some weapon charges may result in a misdemeanor conviction while others may result in a felony conviction with mandatory prison time.

Some types of weapon charges I deal with are:

  1. Convicted Felons possessing and transporting firearms. §18.2-308.2

  2. Possessing a firearm while in possession of certain substances. §18.2-308.4

  3. Brandishing a firearm to induce fear to another §18.2-282

  4. Willfully discharging a firearm in a public place §18.2-280

  5. Use or display of a firearm in committing a felony §18.2-53.1

  6. Discharging firearms or missiles within or at a dwelling house or building §18.2-279

  7. Carrying a concealed weapon §18.2-308

  8. Purchasing or transporting firearm while protective order in effect §18.2-308.1:4

  9. Recklessly handling a firearm §18.2-56.1

  10. Possession a firearm on school property §18.2-308.1

  11. Carrying loaded firearms in public areas §18.2-287.4

  12. Receipt of Stolen firearms §18.2-108.1

  13. Purchase or possession of a firearm by a person involuntarily committed §18.2-308.1:3

  14. Purchase or possession of a firearm following and assault and battery on a family member §18.2-308.1:8

  15. Allowing access to firearms by children §18.2-56.2

Often when speaking to persons over the phone during the initial contact regarding these types of cases – I explain the seriousness of the matter. And if convicted, not only is jail or prison time a possible, but there can be fines, court costs, and forfeiture of all weapons.

Another area of law which is often addressed from callers is:

Robbery is a charge often docketed with the courts. Once arrested for robbery – the magistrate may refuse to release the charged individual and he or she may be required to hire an attorney to have a bond motion hearing so as to be release prior to trial. Family members and friends usually call rather than the accused in these type of cases since the defendant may have little contact with the phones while incarcerated. The robbery criminal statute has changed and evolved over the last few years. VA Code § 18.2-58 is the Virginia Criminal Code for robbery. Robbery causing serious bodily injury is a Class 2 felony. Using or displaying a firearm in a threatening manner is a class 3 felony. If a person uses physical force – this can affect whether a person is charged for a class 5 or 6 felony. These are general points which may be discussed during the initial consultation. Again once retained – we will look much more closely at the specifics and look at how to navigate to obtain the best result.

Sex crimes occur often in Northern Virginia.

There are special law enforcement units assigned to these types to sex crimes.

Often callers convey that they have been contacted by a detective who asks him or her to converse over the phone or in person. At this juncture – the person may speak freely and anything said may later be used against them in a court of law if criminal charges are subsequently brought forth by law enforcement. Other times – people call because they received the same call but decided to contact me prior to making a statement. Hiring a competent lawyer at this stage is very important. It could make a big difference as to whether you may be charged and serve years in prison or avoid very serious consequences. Speaking with law enforcement without having the right legal counsel – at any time – can land one with dire consequences.

Some sex crimes people call about include:

  1. Criminal solicitation §18.2-29

  2. Contributing to the delinquency of a minor §18.2-371

  3. Rape §18.2-61

  4. Forcible Sodomy §18.2-67.1

  5. Object Sexual Penetration §18.2-67.2

  6. Indecent liberties with children. §18.2-270

  7. Indecent liberties with children when in custodial or supervisory position 18.2-370.1

  8. Possession or child pornography §18.2-374.1:1

  9. Production or publication of child pornography §18.2-374.1

  10. Aggravated sexual battery §18.2-67.3

  11. Sexual battery 18.2-67.4

  12. Use of computer communication systems for certain offenses against children § 18.2-374.3

  1. Carnal knowledge of a minor §18.2-63

  2. Attempted rape, forcible sodomy,object sexual penetration, and aggravated sexual battery §18.2-67.5

  3. Receiving money from earnings of prostitute §18.2-357

  4. Human trafficking §18.2-355

  5. Unlawful creation of image §18.2-386.1

  6. Peeping §18.2-130.1

  7. Frequenting a prostitution house §18.2-347

  8. Indecent exposure §18.2-387

Discussion during free consultation regarding sex crimes will only cover the very basics.

Callers will inquire regarding the elements of the crime, the differences between various sex crimes, to explain the elevation of certain penalties for different crimes, possible defenses, and the consequences of a conviction. Most matters are reserved to be discussed in more detail when more facts, evidence, and law is reviewed. Forensic experts may be used in this type of case.

In final – it best to call and retain an experienced attorney when there are possibilities to be charged with a crime. Attorney Sheryl Shane has helped callers avoid charges and or to prepare a defense once charges have been brought. It is very rare for a suspect to obtain better results when dealing with criminal matters alone. Or with someone who does not prepare fully nor studies the case from beginning to end. Criminal defense is a serious matter. And in these times – every person deserves the best defense. Call Attorney Sheryl Shane. Do your best to avoid incarceration, fines, court costs and registering as a sex offender. Hurry and call for that first free consult.