Being arrested or under investigation for an offense can trigger a series of occurrences that could affect you for several years. Felony convictions can be punished by decades of a prison sentence, while misdemeanors can lead to significant court fines and several months in prison.
Although your challenges might overwhelm you, you can find peace of mind by retaining an Emporia criminal attorney. A devoted defense lawyer can defend your legal rights and protect your best interests throughout the case. At Virginia Criminal Attorney, we are ready to help if you're arrested in Emporia. Call us to discuss your options with one of our knowledgeable criminal defense attorneys.
When Does an Arrest Happen?
The police simply arrest someone when they reasonably believe that person has committed a crime. The belief could result from an officer personally witnessing a crime or a court judge issuing a warrant of arrest. Irrespective of the precise procedure applied to warrant a criminal arrest, the authority behind this law enforcement power is more intricate.
Probable cause and reasonable suspicion are essential in establishing when a law enforcement officer is right to make a criminal arrest. Reasonable suspicion is the standard that permits law enforcement to stop someone in public and inspect whether they are committing a crime. Reasonable suspicion examples include the following:
- Someone stumbling in a public place
- A motorist swerving lanes
- Someone running with a seemingly stolen property
A police officer who reasonably suspects a crime is taking place can stop an individual and frisk them in search of drugs, weapons, alcohol, or other evidence. Note that a stop does not mean an arrest. Even though a police officer can detain you for interrogation at the supposed crime scene, it is not considered a lawful arrest.
To gain authorization to execute an arrest warrant or to conduct a lawful arrest, an officer must have probable cause, which is reasonable ground to believe an offense has happened or evidence of an offense can be found in a particular area. Probable cause is a higher legal standard than reasonable suspicion, and law enforcement officers must provide specific information for why they believe someone has committed an offense.
Probable cause and reasonable suspicion standards are critical to any criminal case. Should a law enforcement officer stop, search, or arrest you without legal justification, evidence obtained from that incident may not be admissible in court.
What Happens After a Criminal Arrest
People often see an arrest and detention as the beginning of their problems with the authorities. Whereas being arrested is a legitimate reason to be concerned about, it is essential to recall that it does not automatically lead to criminal charges.
Law enforcement officers can use a criminal arrest to obtain more evidence, though they require probable cause. The evidence they have during the arrest might not be sufficient to justify filing criminal charges or a court conviction. Prosecuting attorneys should only bring charges against a suspect if they believe they can obtain a court conviction.
It is crucial to know what follows an arrest. The arresting officer will take several photographs, called mugshots, and capture your fingerprints.
Often, arresting officers try to acquire more evidence via questioning. However, you should avoid talking to the officer, as doing so may lead to negative results. You are entitled to stay silent and have attorney representation during any questioning.
In some cases, often those that involve accusations regarding intoxication with drugs or alcohol, the arresting officer can send you to the hospital to undergo a blood test, and you must comply.
In many cases, a suspect will remain locked up after an arrest until they are arraigned in court. The arresting officer might release you with bail or a summons for minor crimes like misdemeanors. An Emporia lawyer could protect you if you are still in custody after being arrested for suspicions of committing an offense.
Facing Criminal Charges in Emporia
Criminal charges brought in Emporia courts fall within the Virginia Penal Code and are tried as either felonies or misdemeanors. Whereas some offenses are misdemeanors or felonies, others, like DUI or theft, are wobblers. That means the prosecution can file either felony or misdemeanor charges based on the facts surrounding the case.
Determining factors could include the stolen property’s value in case of a theft crime, whether the offense was a first or a repeat violation in case of a DUI crime, or whether the defendant used a weapon if it was an assault. Examples of crimes an Emporia lawyer could assist you in defending include, without limitation:
Fraud and White Collar Crimes
Most fraud crimes are considered grand larceny by non-violent theft. This includes consciously passing a bad check, which, like any other theft crime, can be prosecuted as a misdemeanor or felony based on the check amount (VA. Code 18.2-181). However, if it is a severe felony with significant amounts of goods or money stolen, it could be prosecuted as larceny of banknote (VA. Code 18.2-98). With all the dependence on computers, identity theft (or fraud)—with all the dependence on computers—has become a more prevalent criminal charge. Due to this and based on the case facts, it could be prosecuted as a state or federal crime.
Many other deception and fraud crimes—generally considered embezzlement—are classified as federal felony offenses. The federal government aggressively prosecuted suspects who perpetrate the following criminal activity:
- Bankruptcy fraud (Title 18 U.S.C. Section 157)
- Identity theft (Title 18 U.S.C. Section 1028)
- Securities fraud (Title 18 U.S.C. Section 1348)
- Tax fraud (Title 26 U.S.C. Section 7201)
- Healthcare fraud (Title 18 U.S.C. Section 1347)
Sex Crimes
Many Commonwealth sex offense charges range between Class 1 misdemeanors and Class 3 felonies. However, if you committed a more severe felony in addition, you could be subject to more than the five-year minimum prison term Class 3 felony charges bring. These offenses are aggressively pursued by all levels of Virginia authorities, particularly when the victims are minors, making it crucial that you contact an Emporia criminal lawyer if you face charges. Types of sex crimes prosecuted in the Commonwealth of Virginia include:
- Rape (VA Code 18.2-61)
- Child (someone under 18 years) pornography—refers to the production, distribution, or possession of child pornographic materials (VA Code 18.2-374.1). The code also criminalizes sexting, even against children.
- Carnal knowledge of any minor between 13 and 15 years old (VA. Code 18.2-63)
- Solicitation and prostitution (VA. Code 18.2-346)
Drug Crimes
Both the federal government and the Commonwealth aggressively prosecute and punish drug offenders. In most cases, they are judicious in separating possession intending to distribute, sell, or manufacture from recreational possession.
The Commonwealth of Virginia and the federal government rate drugs—for purposes of determining charges and punishment—based on the extent of dependence the drug is likely to have on a person and their medicinal value (VA Codes 54.1-3455, 54.1-3454, 54.1-3452, 54.1-3450, 54.1-3448, 54.1-3446). The lower the number of the drug schedule, the more severe the sentence.
You can be subject to a very long prison sentence and a court fine of up to half a million based on the circumstances surrounding the case if you are arrested for manufacturing, growing, or distributing drugs in Virginia. And if you are charged with a drug crime on the federal level, such as distributing or conspiring to distribute, you could be subject to life imprisonment without parole.
Reckless Driving and Driving While Intoxicated
VA Code 18.2-266, drunk driving, and VA Code 18.2-269, driving while intoxicated with drugs, are prosecuted as DUI (specified by drugs, alcohol, or a combination of alcohol or drugs in the actual complaint) and are Class 1 misdemeanors.
If you are a first-time offender, you may be subject to a maximum of 12 months in custody, a court fine not exceeding two thousand five hundred U.S. dollars, and a driver's license suspension for a minimum of one year. You will face a more extended minimum custody period if you are a repeat offender who exceeds a BAC (blood alcohol concentration) of .08% or had a minor in the car during the commission of the offense.
VA Code 46.2-852-865, reckless driving, is a group of criminal charges that greatly threaten passengers, drivers, property, and the general public than minor moving violations. Consequences include a maximum of $2,500 in fines and up to 12 months in jail, even though there is no statutory minimum for a first conviction. You will also accumulate six demerit points on your state DMV driving record for eleven years. Most of these tickets are issued for dangerous passing, racing, and speeding (20 or more miles per hour over the stipulated limit), even though other severe moving violations are also covered under this charge.
Theft: Crimes Against Property
Theft ranges from mere shoplifting (VA Code 18.2-103) to breaking into a structure and stealing property to armed robbery. Several elements are used to categorize each theft crime, including the kind and value of the stolen property. If the stolen property is worth below 200 U.S. dollars, it will be deemed a misdemeanor known as petit larceny. If the property is worth over $200, it will be considered a felony, that is, grand larceny.
The most severe felony theft crimes involve robbery and burglary. Burglary combines the offenses of theft and breaking & entering. Here, the perpetrator rarely ends up confronting the involved victim. Contrarily, robbery refers to thefts by actual force or threats of force. Penalties, particularly if the victim was assaulted, can be harsh. Many severe felony theft offenses typically carry 5-20 years of prison and expensive fines.
Assault: Crimes Against People
The consequences of these offenses can involve a maximum of one year in custody and a fine of $2,500 for misdemeanor assaults (VA Code 18.2-57) or twenty years and a court fine not exceeding 100,000 U.S. dollars for severe charges of aggravated malicious wounding (VA Code 18.2-51.2).
Even overtly threatening someone with harm is considered an assault crime. Most assaults resulting in injury to the involved victim are prosecuted as felony crimes. If you used a weapon, particularly a gun, or the victim sustained a severe injury, or both, that is a more severe felony, carrying a considerable prison term and significant fine (VA Code 18.2-51.2). Other factors that enhance prison terms include whether the assault involved a hate crime (VA Code 18.2-57B) and whether the victim is a protected government worker (EMTs, judges, police officers) (VA Code 18.2-57C).
Another severe assault offense is domestic violence. The penalties for some domestic violence offenses are more serious than most traditional assault crimes (VA Code 18.2-57.3 and 18.2-57.2). Violating a restraining order is considered a Class 6 felony, carrying a mandatory minimum custody time of six months (VA Code 16.1-253.2).
What the Prosecution Must Prove for a Conviction to Occur
In all criminal cases, the prosecution must demonstrate beyond any reasonable doubt that the crime occurred. Simply, that means proving that given the evidence provided regarding the case, a sensible individual would believe the accused committed the actions the complaint alleges.
The precise nature of the evidence submitted will vary depending on the individual case. Every crime has its elements, and failing to prove all the elements must lead to an acquittal.
Many crimes have the intent part and the action part. For example, for battery and assault charges, the prosecution must prove that not only did you inflict harm upon someone else, but your actions were meant to inflict that harm. Consequently, your lawyer could argue that, whereas you did harm the victim, you never intended for the harm to happen.
In certain instances, an accused's intent is irrelevant. For example, accusations that involve drug possession, drunk driving, and possessing other kinds of contraband may lead to a conviction when the prosecution proves only the incident took place.
Your lawyer’s objective would be to secure the best possible outcome in your case, whether it involves arguments during trial or negotiations with the prosecution.
What an Attorney Consultation Looks Like
Among the first questions your Emporia criminal attorney might ask are the charges you face and what you believe the state can prove. Rather than first wanting to know what transpired, a lawyer may ask you what you think the state can demonstrate to comprehend immediately what evidence the state might have.
The prosecution's evidence does not always match with what precisely happened. An attorney must understand both sides of the story and will prefer hearing the evidence before anything else to have a broader perspective of the charges.
Investigations to Develop a Compelling Defense
During consultations, defendants usually want to understand how they will avoid a conviction or whatever will happen to them. An attorney can justly estimate what may happen in your case.
In certain instances, an attorney would need to conduct more investigations independently. Usually, that means talking to eyewitnesses, conducting the discovery process, speaking to law enforcement officers involved in the case, and talking to the prosecuting attorney handling your case. There may be several variables entailed in your case that your lawyer might not understand when they first take on your case.
It could take time for the investigations of these matters to grow so that an attorney can understand all facts from either perspective. A lawyer may be highly equipped to accurately predict what will likely happen in a criminal case. When talking to a lawyer in Emporia, it is essential to ensure they predict your case's outcome based on specific facts and circumstances. The more a lawyer knows about the evidence involved in a case, the more qualified they are to discuss potential outcomes.
You Have the Right to a Fair Trial
You are entitled to a fair trial regardless of the offense you allegedly committed. Misdemeanor charges are prosecuted in District Court and involve bench trials whereby the judge renders the ultimate decision regarding potential guilt. Felony charges can be prosecuted before a jury that consists of community members. You always have the chance to take part in selecting a jury. If the jury is not impartial, the case is postponed to later.
Irrespective of who decides on criminal liability, all trials take place in the same fundamental way. The prosecution will begin with an opening statement, and the accused's lawyer will have the chance to reply. Then, the prosecution presents its case, including calling eyewitnesses who can testify and validate documentary evidence and experts to give their opinions based on scientific evidence. An accused then has the chance to cross-examine all witnesses.
After the prosecution calls its witnesses, the accused is given the same opportunity. An accused could even testify on their behalf, but under no circumstances must an accused testify. All defense witnesses can be cross-examined, just like when the prosecution calls eyewitnesses,
When all the witnesses have testified, the defense lawyer can give their closing statement, and the prosecution does the same. Then, the jury enters deliberations, which can take one or two hours to a few days. The jury must make a unanimous decision. If the jury does not reach a unanimous decision, it is hung, and another trial happens. An Emporia criminal lawyer can utilize their trial skills to obtain the possible outcome in court.
Find an Experienced Criminal Defense Lawyer Near Me
If you are accused of a crime in Emporia, you want to have skilled legal representation. Hiring a devoted Emporia criminal attorney with ties to the area may be crucial in dealing with the complications and challenges that might arise during the criminal process. You cannot undervalue local experience when it comes to understanding the prosecution and court's history and establishing how best to beat the charges. Call our lawyers at Virginia Criminal Attorney at 703-718-5533 to learn more about our approach to criminal defense.
