An arrest or charge for a criminal violation can be terrifying, especially for first-timers. Most anxiety comes because you do not know what happens next or the steps to take after the arrest. Also, a guilty verdict will adversely affect almost every aspect of your life, making it difficult to secure employment or tenancy. Luckily, you can avoid the worry and anxiety of an arrest by speaking to a Warren criminal defense attorney. At Virginia Criminal Attorney, we discuss your type of charge, the court procedure, and suitable legal defenses against your charges to bring you peace of mind during these difficult times.

Warren Criminal Types of Criminal Charges

The most prevalent counts you risk in Warren include:

Sex Offense Charges

One type of charge you are likely to face after an arrest in Warren is a sex crime count. A sex offense refers to sexual misconduct perpetrated against another party’s will or without consent. When the other party approves the sexual act, the court assumes no approval was given if the victim of the misconduct is underage, physically impaired, or intoxicated to the level they do not understand the nature of the sexual act.

Many offenses fall under the sex crimes category. One of these crimes is rape, which is defined under Virginia Code 18.2.61 as engaging in sexual intercourse with someone you are married to or not:

  • Using physical violence or treats
  • The alleged victim has mental or physical incapacity
  • The victim is younger than 13

When proving rape, the prosecutor should show the following elements exist in the case beyond moral certainty:

  • You participated in vaginal sex with someone or caused someone to do so
  • The sexual act was against the victim’s will
  • The victim was under 13 years
  • You accomplished the sexual misconduct through physical violence or intimidation

Another common offense is participating in indecent liberties involving a minor, including causing a child to expose or expose the intimate parts of a child for sexual satisfaction. Fondling a child’s intimate parts and engaging in sodomy or penetrative sex also amounts to sexual misconduct punishable by law. 

Child pornography is also prevalent nowadays and encompasses the possession, making, and distribution of children’s sexual pictures or videos.

Other sex crimes you could face in Warren are:

  • Incest
  • Sodomy using force
  • Prostitution
  • Sexual assault

Convictions for these crimes attract lengthy prison or jail incarceration. Misdemeanor sex offenses attract no more than a one-year jail term, while felonies attract up to ten years of imprisonment.

Particular felonies like forcible sodomy, rape, penetrative sex using an object, rape, or any other sexual misconduct involving the use of violence are severely punished. In addition to jail incarceration and payment of court fines, the court imposes the condition of enlisting as a sexual offender. The obligation carries severe social stigma and is life-changing.

Therefore, when you face these or other sex offense charges in Virginia, you require a Warren sex offense defense attorney to enhance the possibility of a not guilty verdict, charge dismissal, or reduction for more lenient ramifications.

Driving While Intoxicated (DWI)

In Virginia, it is unlawful to operate a motor vehicle while impaired by controlled drugs or alcohol, a Blood Alcohol Content (BAC) above .08% or 0.1% milligrams per liter of methamphetamine.

Driving while impaired violations are priorable, meaning you risk stricter penalties for a current conviction if you have accumulated a DWI record in a 120-month lookback window. Besides, you risk sentence enhancement if aggravating circumstances like death or substantial bodily injuries exist in your case.

A DWI offense without bodily harm or death is a misdemeanor that attracts one year behind bars and a monetary fine of no more than $2,500. Besides, the court can suspend your driver’s license for a year, although you can request an interlock or restricted license after the withdrawal.

Second, DWI offenders face a maximum of twelve months in jail, three years of license suspension, and court fines of $2,500.

A third violation is punishable by sixty months of prison incarceration, driving privileges revocation, and $2,500 in court fines.

When substantial bodily harm is involved in your case, the prison sentence increases to ten years.

The ramifications for drinking and driving offenses are grave, but this does not make these cases hopeless. With the legal guidance of your Warren criminal defense attorney, you can contest the counts for a favorable outcome. Also, you can negotiate for a charge reduction to a wet reckless whose conviction does not attract jail time.

Theft Crimes

Theft offenses are classified as grand larceny and petty larceny. Grand theft or larceny involves the unlawful taking of an individual’s property valued above $1,000. Nevertheless, there are exceptions to this law when you engage in pickpocketing. Even if the value of the theft item is below $1,000, you will attract grand larceny charges. Thefts falling under this category are felonies whose conviction attracts one year to twenty years in prison and court monetary fines of at most $2,500.

In contrast, petit theft involves stealing items worth no more than $200 and at least $5. These types of thefts are misdemeanors punishable by no more than a year in jail and court fines of $2,500. A criminal record for petit theft means a subsequent sentence attracts a mandatory jail sentence of one to 12 months.

Theft crimes are severely punished. A proficient theft crimes lawyer can help you avoid these harsh penalties.

White-Collar Crimes

Any crime involving the use of fraud or dishonesty is a white-collar offense. They include embezzlement, forgery, extortion, tax fraud, money laundering, identity theft, and credit card fraud. If the prosecutor charges you with any of these offenses and secures a conviction, you will not only end up in jail and pay hefty fines, but a guilty verdict will also end your career. So, when you face any of these charges, you should fight them aggressively to protect your reputation and livelihood.

Violent Offenses

Malicious wounding, murder, domestic violence, and simple assault are a few examples of violent offenses. When you face any of these charges, navigating court processes can be daunting. Fighting the accusations is also challenging because of the strong evidence against you. Therefore, you can enhance your chances of a favorable result by contacting a Warren criminal lawyer to explain the court process, the challenges you are likely to face, and the best defense strategies to attain a fair result.

The Virginia Criminal Justice System Process

Most of the anxiety you experience in Virginia after an arrest is because you do not know the steps to take or what to expect. So, you can reduce the stress by understanding the court process and expectations after criminal charges.

The court process starts when the police arrest you for a crime. Depending on the nature of the criminal violation, the officer can issue you a citation requiring you to appear in court later. Alternatively, they can take you to the nearest jail for booking. Booking entails taking a mugshot, recording your information and details of your counts, and fingerprinting.

The booking officer can then check the bail schedule to determine the amount you should pay as bail to regain temporary liberty pending court trial. You do not have to wait for arraignment to discover your bail amount. However, if you are unsatisfied with bail and want a reduction or to exit jail on your own recognizance (OR), you must wait for the arraignment hearing, where the judge reads your charges and the amount of bail you should pay. Having your Warren criminal attorney in your corner for the hearing ensures you have facts to compel the court to grant bail, lower the bail amount within the law, or grant an OR discharge.

After arraignment, your case proceeds to the pretrial stage, where your attorney files motions that strengthen your defense. The typical motions include a motion to suppress evidence, challenge the admissibility of proof obtained illegally, or negotiate procedures that could hinder a fair trial.

The next phase of the procedure is discovery. Here, the prosecutor shares their evidence against you to enable you to craft defenses to counter their assertions. Your attorney must also share evidence with the prosecutor to help them prepare adequately for the trial.

Once parties exchange evidence and understand the strengths and weaknesses of their cases, they are more ready to negotiate to avoid trial. The District Attorney (DA) is looking for a conviction by all means and is unwilling to take a weak case to trial. So, when they discover they have a weak case after evaluating your evidence, they will come to the negotiation table with a plea bargain. Your lawyer must then assess the bargain to determine if it is fair and if it will result in a lesser count or lenient ramifications.

The case proceeds to trial if the plea bargain is unfavorable and the opposing sides disagree. Before the hearing, your lawyer should conduct an independent investigation into the allegations to gather new evidence, speak to eyewitnesses, and record their statements. Doing so will help them craft viable defenses that elevate the likelihood of a positive outcome.

When it comes to the trial, you can choose a bench or jury trial. With the jury trial option, your attorney will select jurors. Once the jury is formed, a date for the case hearing is scheduled.

The parties involved will make their cases in the trial and present evidence. The judge or jury will then evaluate the evidence and issue a verdict.

The judge will set a sentencing date and impose the relevant sentences if found guilty. However, the court’s decision is not final because you can challenge the verdict in the appellate court if you are unsatisfied.

Crafting Tailored Defenses

Developing defenses has no precise formula. Even when you face the same criminal charges as another person, the circumstances differ, meaning an attorney cannot apply the same differences even when the charges are the same. A criminal attorney must review each case separately and develop bespoke or customized defenses that apply to your case.

You must refrain from relying on general legal defenses to win you a case. So, your legal representative must evaluate your case, gather new evidence, and review the prosecutor’s evidence to formulate tailored defenses that will lead to a favorable outcome.

Evidence evaluation is critical in building robust defenses, making the discovery stage an essential part of your trial process. When your attorneys obtain the DA's evidence against you, they can analyze it and find weaknesses they rely on to craft valid defenses. By poking holes in the DA’s evidence, the attorney makes the presiding judge or jury doubt whether all the elements of the crime are proven beyond a reasonable doubt. If the prosecutor’s evidence does not satisfy the evidentiary standard, the judge will find you not guilty. 

The common legal defenses your attorney can apply in a criminal trial process are:

  • Mistaken identity
  • The criminal violation was unintentional
  • The police engaged in misconduct, making the evidence gathered inadmissible
  • You were acting in self-defense or defense of others

An experienced legal representative will also cite previous criminal cases whose circumstances are the same as yours. If these cases set a legal precedent, your attorney can refer to them to compel the court to impose a fair verdict.

Some criminal cases can have overwhelming evidence, making a conviction inevitable. Your defense team will submit mitigating facts to convince the judge to impose less severe penalties. The mitigating circumstances the attorney can present include:

  • Having a clean record
  • Participate in volunteer jobs and community service

Developing tailored defenses requires an attorney with knowledge of the criminal justice system. Such an attorney will streamline the case, elevating the chances of a fair result. A proficient attorney will be the difference between winning and losing. So, when hiring, take your time to find the best attorney.

Finding a Warren Criminal Attorney

You want to hire an attorney competent enough to handle your case for a fair outcome. However, with the market flooded with criminal attorneys claiming to be the best, finding the right one for your case can be challenging. Therefore, you must take the search seriously and do your homework. The factors you should consider when hiring are:

     1. An Attorney’s Reputation

What people have to say about an attorney you are considering for your case counts. Therefore, research the attorneys you are considering by checking online reviews to see what former clients say about their practice. You will find these reviews on many legal sites or review websites to avoid biased reviews that could lead you to the wrong choice of a legal representative.

     2. Communication Skills

Writing and speaking are essential skills your Warren criminal attorney must possess. The attorney should also be an excellent listener to understand your needs and create a bond.

The trial should be the last resort. Therefore, you want an attorney with good negotiation skills to compel the opposing side to agree to a fair settlement. Excellent communication skills are again important in the trial to present your facts correctly and streamline the process.

     3. Trial Experience

Many criminal cases are determined through a settlement, but a few go to trial. If your case reaches this stage, you want a lawyer who has represented many cases like yours in trial and obtained a fair outcome.

No attorney should guarantee you a win in trial. Avoid attorneys who guarantee particular outcomes. Instead, you want a legal representative who knows the common obstacles encountered during a trial in cases like yours and the best way to overcome these challenges for a favorable verdict. A fair outcome should not always be a “not-guilty verdict” or charge dismissal. It could be a charge or penalty reduction.

     4. Fee Structure

Many attorneys appeal to new clients using cheap quotations with many hidden costs. Others offer low prices but compromised services. Therefore, the fee structure should be considered when searching for a Warren criminal attorney. Also, you must choose between paying a flat rate or hourly charges. A flat rate is the best option because you only have to make a deposit and clear the balance later.

Prices will vary from one attorney to another depending on various factors, such as the location of the practice, experience, and reputation. Take time to evaluate fee structures to pick an attorney with affordable rates and uncompromised services.

Advantages of Having a Warren Criminal Defense Attorney Represent You

With the right defense attorney, you will enjoy several benefits. A competent attorney understands court procedures and how to navigate them. Besides, they are familiar with Virginia statutes and legal criteria or precedents that apply to your case for the best defenses.

Similarly, an attorney will safeguard your rights. Law enforcement and the DA have been accused of abusing their power or disregarding procedures provided in the law, leading to wrongful convictions. A legal representative will ensure this does not happen in your case.

Find a Competent Criminal Attorney Near Me

A criminal count brings a lot of uncertainty about your future, considering the negative impact a conviction can have. Nevertheless, you can minimize the uncertainty by hiring a Warren defense attorney. At Virginia Criminal Attorney, we understand the various criminal charges, court processes, and the best defenses, making us the most suitable to defend you. Contact us at 703-718-5533 to discuss your case.