Frequently Asked Questions About Hiring a Virginia Beach Criminal Lawyer

 

Frequently Asked Questions About Hiring a Virginia Beach Criminal Lawyer

Finding yourself in need of a criminal defense attorney can be an intimidating and stressful experience. You likely have a lot of questions about the process of hiring a lawyer, what to expect, and how an attorney can help with your specific case. This article will walk through some of the most common questions people have when searching for a criminal lawyer in Virginia Beach.

How do I find a good criminal defense attorney in Virginia Beach?

There are a few ways to go about finding a criminal lawyer that’s the right fit for you:

• Ask for referrals from friends, family, or colleagues who have experience with criminal lawyers. A personal recommendation can go a long way.
• Search online legal directories like Avvo, Google Places, and Martindale-Hubbell. Look at reviews, experience, and focus areas.
• Check sites like the Virginia Beach Bar Association for listings of local attorneys.
• Schedule consultations with a few potential lawyers to get a feel for them and whether you feel comfortable placing your trust in them.

When researching lawyers, look for experience handling cases similar to yours as well as extensive knowledge of Virginia Beach courts and laws. The right lawyer-client relationship is also crucial – make sure your communication and personal styles mesh well.

Should I hire a private attorney or request a public defender?

This depends on your financial situation and preferences:

• Public defenders are free for those who cannot afford private counsel. They handle a high volume of cases, so may have less time available per client.
• Private attorneys provide individualized attention and creative defense strategies, but charge legal fees. Rates vary based on experience and case complexity.

An experienced private criminal lawyer may be able to devote more time to your specific case needs. But a dedicated public defender familiar with the local courts can still provide an excellent defense.

What should I do if I’m arrested and taken to jail?

If you find yourself arrested and jailed, here are some steps to take:

• Remain silent and avoid answering police questions until you have legal counsel present.
• Ask to speak with an attorney immediately and request they visit you in jail.
• Don’t make any statements about the case without your lawyer present.
• Ask your lawyer about options like filing for bail/bond to get released pre-trial.
• Follow your lawyer’s advice about next steps very closely.

Having an experienced criminal attorney assist you right away can be crucial for building your defense and protecting your rights after an arrest.

What are the different levels of misdemeanors in Virginia?

Unlike some states, Virginia does not classify misdemeanors into sub-levels like “Class A” or “Class B.” There is only one level of misdemeanor in Virginia. Possible sentences for a misdemeanor conviction include:

• Up to 12 months in jail
• Fines up to $2,500
• Driver’s license suspension

Judges have broad discretion in sentencing for misdemeanors. An experienced lawyer can argue for an appropriate sentence given the facts of your case.

Should I answer questions from the police?

In most cases, it is best not to answer any substantive questions from the police until you have legal representation. Anything you say can potentially be used against you later on. Politely decline to answer questions and let the officers know you would like to speak with a lawyer first. Your attorney can then handle communication with law enforcement going forward.

What should I expect if I’m facing felony charges?

Felony cases are more complex and have serious penalties at stake. If charged with a felony, some things to expect include:

• The possibility of over a year in prison if convicted, sometimes much longer depending on the charges.
• Higher bail amounts that may require a bail bondsman or collateral like property.
• A preliminary hearing where prosecutors must show probable cause for the charges.
• Extensive pre-trial motions from your defense attorney challenging evidence, statements, etc.
• A more involved legal process overall compared to misdemeanors.

Given the stakes, building an aggressive defense with an experienced felony lawyer is critical. Don’t go it alone.

What are the first steps after hiring a criminal defense lawyer?

Once you’ve hired an attorney, some key first steps in your defense include:

• Discussing the details of your case so your lawyer fully understands the situation.
• Going over the timeline and process so you know what to expect at each stage.
• Mapping out an initial defense strategy based on the charges and evidence.
• Gathering related documents like police reports, witness statements, etc.
• Filing motions to preserve your rights, get discovery, and challenge improper actions by the state.

An in-depth case evaluation and establishing your defense right away are crucial to achieving the best possible outcome.

How can a criminal lawyer defend me if I’m guilty?

Even if you are guilty or the evidence is strongly against you, a skilled criminal lawyer can still provide an effective defense in many ways:

• Negotiating with prosecutors for reduced charges or sentencing recommendations.
• Identifying improper police conduct that could get evidence thrown out.
• Mounting legal challenges to the charges based on technicalities and loopholes.
• Presenting mitigating circumstances to the judge/jury regarding sentencing.
• Developing alternative theories of the case and reasonable doubt about what happened.
• Securing expert witnesses to analyze the evidence and weaken the state’s case.

The American justice system still requires the state to prove guilt beyond reasonable doubt. An experienced lawyer knows how to hold prosecutors to that burden.

What factors determine how much a criminal lawyer will cost?

The cost of hiring a criminal defense attorney can vary substantially based on factors like:

• The lawyer’s experience level and reputation.
• Whether the lawyer is hired privately or a public defender.
• If the case is a misdemeanor or more serious felony.
• How complex and involved the case is.
• If the case goes to trial vs. settles pre-trial.
• The amount of time the lawyer needs to spend defending the case.

Be sure to discuss fees up front so you aren’t surprised later on. Pay close attention to what is and isn’t included in a lawyer’s retainer fee.

Should I consider pleading guilty?

Whether to plead guilty or go to trial is an important strategic decision to make with your lawyer. Consider factors like:

• The strength of the evidence against you.
• The potential penalty if convicted at trial.
• The deal prosecutors are offering for a guilty plea.
• Your priorities and willingness to admit guilt publicly.
• Your lawyer’s assessment of the chances at trial.

An experienced attorney can advise if pleading guilty to get a lighter sentence or reduced charges may be the wisest legal strategy.

How can I get my criminal record expunged in Virginia?

Virginia does allow for expungement of criminal records in certain circumstances. Some key things to know:

• Misdemeanor charges can potentially be expunged after 3 years.
• More serious felonies require a 5-10 year waiting period before expungement.
• Some very serious felonies like murder, rape, etc. cannot be expunged.
• You must have completed all sentencing terms and have no pending charges.
• The process involves petitioning the court and having a hearing before a judge.

An experienced criminal lawyer can advise if you are eligible for expungement and handle the petition process on your behalf.

Finding the right criminal defense attorney in Virginia Beach can seem overwhelming, but taking the time to do thorough research and ask the right questions will pay off. The lawyer you choose to represent you can make all the difference in how your case plays out. Don’t leave the outcome to chance – protect yourself with experienced legal counsel.