Being charged with an offense can be an overwhelming experience. Typically, defendants have a lot at stake. If you or your loved one has been arrested or charged with a crime, do not let the situation take over your life. Virginia Criminal Attorney, a skilled Spotsylvania County criminal defense attorney, can help you understand the big picture of the case. We do not leave anything to chance and can scour the case for legal options that permit your charges to be reduced or dismissed. If that is impossible, we can fight for your rights in court by building stellar defense strategies customized to suit your charges, future, and criminal history.

Practice Area

Discussed below are services offered by seasoned Spotsylvania County criminal defense attorneys.

Driving Under the Influence

The law considers you to be driving under the influence if your blood alcohol content is above 0.08%. You might also be deemed under the influence with a lower BAC if your ability to operate the car is impaired. If your drunk driving caused a car accident and the police have probable cause, they can arrest you for DUI within three hours of the collision without a warrant at any location.

A DUI arrest attracts both administrative and criminal penalties. The administrative part entails the Virginia Department of Motor Vehicles suspending or revoking your driver’s license.

Criminal penalties vary depending on your intoxication level. They increase the higher the BAC during your arrest as well as if you have a previous DUI conviction. For instance, a first-time DUI carries a year of driver’s license suspension and a fine of $250, while a second-time crime attracts a $500 fine and three years of driver’s license suspension.

With so much at stake, DUI criminal charges are not for the unskilled or inexperienced. When you retain a legal counsel, they will review events throughout the criminal judicial process to identify police mistakes and look for the prosecution’s loopholes. Some of the ways the legal team can use to fight for your rights include the following:

  • Illegal stops — The police should have probable cause that a crime is happening or has already happened before making a police stop. If the police arrest you after making an unlawful stop, your Spotsylvania County defense attorney can work to ensure the court dismisses the evidence acquired during the stop.
  • Unlawful search and seizure — The 4th Amendment to the U.S. Constitution protects you from unreasonable search and seizure. If the police stopped you and searched your person or vehicle without your permission or reasonable cause to act so, your lawyer should analyze what happened. Evidence collected through an unconstitutional search and seizure could be inadmissible in court.
  • Incorrect chemical tests — BAC tests have been called into question many times. Your attorney can dispute the validity of the chemical test results due to measurement inaccuracies from the tests or mistakes in the testing process.

Domestic Violence

Domestic violence is also known as family abuse. You commit domestic violence by committing an act of violence, threats, or force against a family or household member, which leads to physical injuries or puts them in fear of injuries.

A family or household member can be any of the following:

  • Spouses
  • Children, parents, grandchildren, grandparents, and siblings
  • In-laws living in the same home
  • People with children together

A domestic violence criminal charge tells people about your character, and a conviction can result in incarceration, fines, and loss of relationships. It can also negatively affect your employment opportunities and child custody.

Your attorney can advise you about your rights and guide you through the best possible case outcome. There are numerous aspects to a domestic violence case. Defendants ask for assistance with issues like retaining order modification, ensuring the case is closed without getting a criminal record, and continuing a co-parenting relationship with the victim. The lawyer should explain the process, update you, and answer your questions.

White Collar Crimes

A white-collar crime is a financially motivated non-violent offense committed by someone of high social status. Typically, these offenses involve criminal transactions involving huge dollar amounts or assets. Being charged with a white-collar crime can jeopardize your liberty, livelihood, future, and reputation in the community.

Since the crimes involve complicated documents and evidence, the prosecution employs the services of experts to prove your guilt beyond any reasonable doubt. A seasoned attorney can help you mitigate the potential consequences of the alleged crime.

One way your attorney can fight the charges is by proving intent. It is not enough to prove a mistake happened or that money is missing; the prosecutor should also prove that you deliberately broke the law. The lawyer can question the intent and help you prove your innocence.

Common white-collar crimes in Virginia include identity theft, bank fraud, perjury, extortion, bribery, money laundering, tax evasion, extortion, insider trading, and embezzlement.

Post-Conviction Relief Services

A previous conviction can haunt you for the rest of your life. For instance, most potential employers conduct background checks before hiring applicants. Applicants with criminal records are less likely to secure employment.

You can seek to modify or reverse the criminal conviction through a petition once the case is closed. Thanks to post-conviction relief options. Common options include the following:

  • Motion for a new trial — This option allows you to bring a motion for another trial.
  • Motion to withdraw plea — The relief requests the court to permit you to take back your no-contest or guilty plea.
  • Early termination of probation
  • Commutation
  • Pardon
  • Clemency
  • Appeal
  • Habeas corpus petition
  • Expungement

Your attorney can assist you in seeking relief by analyzing your case to identify the basis for relief and determine the relevant legal strategy. If you qualify for any type of relief, the legal counsel can file a petition for your behalf, and represent you in court. They can also argue your conviction was based on a legal rights violation during trial, a mistake that happened in the legal process, or insufficient proof.

Drug Crimes

California takes a hard line against drug-related activities, and even less severe crimes carry far-reaching penalties. Common criminal penalties include serving lengthy prison/jail terms, huge fines, deportation for non-citizens, loss of firearm rights, and challenges securing lucrative employment. 

Since a lot is at stake, you need a defense attorney who knows what it takes to fight the allegations against you. Your Spotsylvania County criminal defense lawyer should believe you are entitled to knowledgeable and competent legal representation and should go above and beyond to ensure you achieve the most favorable case results based on your case’s circumstances. They will conduct independent investigations, advise you of your constitutional rights, and handle the criminal judicial system on your behalf.

Your attorney will determine whether they can negotiate a plea agreement with the prosecutor and secure less severe charges or penalties. They can aggressively fight for you before the judge if that is impossible.

It is also crucial to seek legal guidance since state laws create conditions around the possession of different drugs. While some controlled substances are legal for limited purposes, others are restricted. This makes the law confusing, mainly if you do not have legal expertise and know-how.

Three main categories of drug offenses are:

  • Drug possession — It happens when you possess controlled substances without a valid prescription.
  • Drug distribution or sale — It occurs when you provide, give away, sell, distribute, or deliver controlled substances. The prosecution team can prove the intent to distribute, sell, or give by demonstrating factors like the quantity you possessed.
  • Drug manufacturing — It happens when you have chemicals used in controlled substances manufacturing or produce controlled substances without lawful authorization with the intent to manufacture.

Sex Crimes

A sex offense is a crime that happens when an individual abuses or instigates forced sexual encounters using physical or psychological manipulation. In other words, a sex crime encompasses illegal conduct of a sexual nature and often violates the victim’s consent, personal boundaries, and privacy. The crime can involve coercion, non-consensual acts, or physical violence. The severity of the crime differs based on the involved parties, the defendant’s criminal history, and the nature of the sexual conduct.

Without skilled legal representation, your life can change drastically. You risk:

  • Spending time in prison/jail
  • Paying substantial fines and restitution
  • Losing your professional license and the ability to work in specific occupations
  • Mandatory sex offender registration

The list below highlights some of the sex crimes in California. Some are felonies, while others are misdemeanors.

  • Solicitation or prostitution
  • Having carnal knowledge of minors
  • Taking indecent liberties with a child
  • Forcible sodomy
  • Object sexual battery
  • Sexual battery
  • Forcible fondling
  • Incest
  • Aggravated sexual battery
  • Rape
  • Statutory rape
  • Infested sexual battery
  • Child pornography

Your professional defense attorney can use the following aggressive and concerted methods to defend you, your rights, freedom, life, and reputation:

  • Initiate private investigations
  • Conduct video, tape, and photographic recordings
  • Conduct witness interviews, including interviews of police, victims, witnesses, and informants
  • Perform polygraph examinations
  • Engage experts to analyze physical evidence and conduct forensic exams
  • Use psychologists or psychiatrists to prepare psychological evaluations

When Should You Hire a Spotsylvania County Criminal Defense Attorney

Most people wonder when they should hire a defense attorney. While there is no stringent deadline, enlisting an advocate after the following circumstances is recommended.

  • If you are facing charges, you should hire an attorney once you have been arrested or charged with a crime. You should take your criminal charges seriously since they attract severe penalties and a criminal record. The legal counsel will advise you on the steps to take and develop a defense strategy on your behalf.
  • You have received a plea bargain offer — Sometimes, the prosecutor can suggest you plead guilty to a specific criminal charge in return for lesser charges or reduced sentencing. Without legal guidance, the prosecution can pressure you into accepting the offer without understanding the consequences, resulting in harsher penalties. You might also fail to negotiate favorable terms.
  • You have received a summon — You require an attorney if you have a summon to appear in court. Your lawyer will analyze the summon, explain your legal rights, and advise you on the steps. The attorney will also represent you in court to ensure your rights are not violated.
  • If the police are questioning, interrogating, or investigating you, you should contact your attorney immediately to avoid making self-incriminating statements.

Seeking legal assistance on time protects you from making mistakes that could compromise your case. Additionally, it permits your defense attorney to build strong defense strategies that could increase your chances of obtaining favorable case outcomes.

Should You Retain a Private Lawyer or Use a Public Defender?

You have two legal representation options: a private lawyer and a public defender.

A public defender is a court-appointed legal advocate for those who cannot afford to pay a lawyer. They can help uphold justice and ensure you have a voice in the criminal judicial process. Although not with the precision and depth of a private attorney, the public defender can collect evidence, explore legal defenses, interview witnesses, and represent you in court. They can also negotiate with the prosecutor for a favorable plea bargain, reduced charge, or case dismissal. Finally, they can answer your questions and offer support and guidance.

Unlike a public defender, your private lawyer will do the following:

Offer Customized Legal Strategy Designed to Your Criminal Case

Generic approaches do not work in the courtroom. Your defense lawyer will review your situation and develop individualized strategies that leverage your strengths and address your case weaknesses. The process involves exploring innovative arguments, negotiating settlements, or identifying relevant legal precedents.

Sometimes, the public defenders face government control, bureaucracy, and limited resources. They might be unable to access additional resources like expert witnesses or investigators. Since your attorney has resources, they can build a strong legal defense and explore possible avenues.

Your Attorney Will Devote More Attention or Time

You need a lawyer who will commit to your case to increase your chance of obtaining a favorable outcome.

Due to a high caseload, a public defender might have few meetings with you and fail to research extensively into your case, resulting in weak arguments and missed opportunities. On the other hand, a private lawyer can dedicate more time to knowing your case so they can understand unique case facts and collect proof. They can even employ expert witnesses to uncover new proof and build the defense.

With a private lawyer, you can expect a lawyer available to answer questions, address concerns, and give case updates.

Attorney-Client Privilege

The attorney-client privilege is the rule that protects the confidentiality of conversations between a lawyer and their client. Per this rule, neither the attorney can divulge the client’s secrets nor may others coerce them to do so. The privilege encourages the defendant to share details with the lawyer and allows the legal counsel to represent them effectively.

The rule applies when:

  • You, as a potential or actual client, communicate with an attorney about legal assistance
  • The attorney is acting in their professional capacity
  • You, the client, wanted the communication to be confidential and acted so

Attorneys might not disclose written or oral communications with a client that a client reasonably anticipated to remain private. Your legal counsel cannot repeat your confidences to someone outside their legal team without your consent after receiving them. In other words, it is your privilege, and you can decide to waive it.

Typically, the privilege remains effective even after your attorney-client relationship ends or your death.

Also, preliminary communications between a lawyer and a potential client are subject to this rule. A lawyer should not reveal what you, their potential client, disclosed, even when the attorney did not represent you.

Duty of Confidentiality

The privilege prevents attorneys from testifying and being coerced to testify about your statements. Independent of this rule, your attorney owes you a duty of confidentiality.

This duty prevents the legal counsel from discussing your case details with others, whether formal or informal. They should keep all information linked to you private, even if these details did not originate from you.

Anticipating Confidentiality

The privilege in question only covers client-lawyer conversations if the situation is private. For instance, you can expect secrecy if you speak privately to your Spotsylvania County criminal defense attorney. Therefore, if a person secretly records your communication, the recording could be inadmissible in court.

However, when you publicly talk with your attorney, you cannot prevent an individual who overhears the communication from testifying in court. You can also waive this by telling a third party what you discussed with the legal professional or having a loved one during your communication. Irrespective of who learns or hears your communication, your lawyer remains obligated not to repeat the matter.

Future and Previous Misconduct

The attorney-client privilege covers discussions of prior conduct. If, for instance, you disclose to your attorney that you violated domestic violence laws, the advocate cannot reveal the details.

However, if you initiate a conversation with your attorney with a motive to commit an offense in the future, this rule does not apply.

Contact Experienced Legal Assistance Near Me

Facing criminal charges can be a daunting experience. Virginia's criminal judicial system is complicated, and the stakes are high. We understand the uncertainty and anxiety of being charged with a crime at the Virginia Criminal Attorney. Our Spotsylvania County criminal defense lawyers can guide you throughout the legal process, ensuring the prosecution team protects your rights. We are committed to listening to you respectfully and sensitively and ensuring the jury/judge listens to your story. Let us put our experience to work so we can aggressively defend your criminal charges by contacting us at 703-718-5533.