Frequently Asked Questions

Criminal Offenses

  • Every client receives the intense attention they deserve. Fidelity is a solo firm, so clients are not passed around from attorney to attorney, with no person focused on your case. Your case will be biggest priority. You can depend on prompt response to your questions, regular contact to inform you of the progress on your case, and reasonable, fair rates.

  • An arraignment is the initial court appearance where the defendant is formally notified of the charges, given the opportunity to enter a plea, and informed of their rights. It is a brief hearing where the judge or magistrate reads the charges, sets bail if necessary, schedules future court dates, and ensures the defendant understands the proceedings.

    If your case is set for arraignment, you must appear. In certain cases in a few jurisdictions, I may be able to appear on your behalf or have your arraignment waived altogether, but you should absolutely confirm with your attorney regarding your appearance at your arraignment.

  • In Virginia, if you cannot afford an attorney for a criminal case, the court may appoint a public defender to represent you. The court will assess your financial situation to determine if you qualify for a court-appointed attorney.

  • My goal is to achieve the best possible outcome for you. While I cannot guarantee specific results, I will work diligently to negotiate with the prosecutor, present compelling arguments, and explore all available options to seek a favorable resolution. It is important to understand that the decision to drop or reduce charges ultimately lies with the prosecutor or the court. However, I will advocate for your interests and use my experience to present strong arguments in your favor.

  • In Virginia, the main difference between a felony and a misdemeanor lies in the severity of the offense and the corresponding potential penalties.

    A misdemeanor is generally considered a less serious crime, punishable by a maximum of 12 months in jail and/or fines up to a certain monetary limit, which varies depending on the specific misdemeanor offense. Examples of misdemeanors include petty theft, simple assault, and first-time DUI offenses.

    On the other hand, a felony is a more serious offense and carries harsher penalties. Felonies in Virginia are categorized into six classes, ranging from Class 6 (least serious) to Class 1 (most serious). The penalties for felonies can include significant prison sentences, substantial fines, or a combination of both. Felonies include offenses such as robbery, murder, rape, drug trafficking, and certain white-collar crimes.

  • Yes, individuals have the right to represent themselves in any criminal case. This is known as "proceeding pro se" or representing oneself. However, it is important to note that representing oneself in a criminal case can be challenging and is generally not recommended unless the defendant has a solid understanding of the law and legal procedures.

  • Deciding whether to accept a plea bargain depends on various factors, including the strength of the evidence against you, potential penalties if convicted at trial, and your individual circumstances. A plea bargain can offer certain benefits such as reduced charges, lesser penalties, or avoiding a trial.

    However, it also means admitting guilt and giving up the opportunity to fight the charges in court. An experienced criminal defense attorney can assess the specific details of your case, explain the potential risks and benefits of accepting the plea bargain, and provide guidance based on their expertise.

    Ultimately, the decision to accept a plea bargain or offer from the Commonwealth is personal and should be made after carefully considering all the factors involved and consulting with your attorney.

  • No I do not offer guarantees on case outcomes, as it is not ethically permissible under the Virginia Rules of Professional Responsibility Rule 7.1. I firmly advise against hiring any attorney who promises specific results, as it could be misleading.

    However, I can assure you that I am fully committed to vigorously defending your case. I will invest extensive effort, work diligently to protect your rights, and prioritize your best interests. You can count on my dedication and genuine care for you and your case throughout the legal process.

  • Absolutely. If you are convicted and wish to pursue an appeal, I can assist you in the appellate process. Appeals involve reviewing the trial record, identifying potential errors or legal issues, and presenting arguments to a higher court. I will use my knowledge, experience, and advocacy skills to construct a compelling appellate brief and present persuasive arguments on your behalf.

Questions about Criminal Cases

  • Points and License: Many states have reciprocal agreements with each other, meaning that if a driver receives a speeding ticket in Virginia, their home state may still be notified. Depending on the severity of the offense and the home state's laws, the ticket may result in the assessment of points on their driving record or other penalties, such as license suspension or increased insurance premiums.

    Fines and Penalties: Non-residents who receive speeding tickets in Virginia are generally required to pay the fines associated with the offense.

    Traffic School or Defensive Driving Programs: Some states allow drivers to attend traffic school or defensive driving programs to mitigate the impact of a speeding ticket.

    Insurance Rates: Even if the home state does not assess points for out-of-state offenses, insurance companies may still consider the speeding ticket when determining premiums. It's advisable to check with the insurance provider regarding their policies on out-of-state violations.

  • In Virginia, you have the right to represent yourself in any case. However, it is generally advisable to have an attorney represent you for speeding tickets and traffic infractions.

    Defending yourself while safeguarding your rights can be challenging. You may be unaware that certain testimony from the officer is generally inadmissible, or that you have the opportunity to move the court to dismiss the case due to lack of evidence. When sharing your side of the story, you may inadvertently fill gaps that weaken your defense.

    While some cases may not require an attorney at all, in others, their expertise is invaluable. To determine the best course of action, it is crucial to consult an attorney experienced in your specific court and case. They can provide trustworthy guidance tailored to your situation and help you make informed decisions.

  • The requirement to appear in court for traffic infractions varies, but in general, it is not necessary to personally attend court, regardless of whether you are a Virginia resident or not.

    However, some judges specifically mandate your presence if you seek relief from the conviction. Make sure you are fully aware of local rules by consulting an attorney.

  • A speedometer calibration is utilized to identify any technical issues with your speedometer that may cause it to inaccurately display your speed. In some instances, it can be beneficial to have a speedometer calibration conducted on your vehicle prior to your court appearance.

    However, not all situations require a calibration, so it is important to consult with us to determine whether it is necessary in your case.

    When you opt for a calibration, ensure that you receive an official certificate documenting the calibration results. It should provide specific details regarding the extent of the speedometer's inaccuracy. Simply receiving an invoice stating that the speed cluster was replaced without indicating the degree of inaccuracy will not be helpful to the judge. If your speedometer is indeed inaccurate, the judge will want to know the specific level of discrepancy.

  • Yes, a speeding ticket or traffic infraction can indeed affect a person's CDL (Commercial Driver's License). CDL holders are held to higher standards due to the nature of their profession, and traffic violations can impact their driving record and CDL status. It's important for CDL holders to maintain a clean driving record or otherwise contact an attorney to assist in defending a traffic violation or speeding ticket in Virginia.

  • Certainly. When it comes to speeding tickets in Virginia, minors have their cases processed in the Juvenile and Domestic Relations Court. In this court, judges often employ more inventive and tailored consequences for teenage drivers. Additionally, it is typically required for parents to accompany their child to court if the driver is under 18 years old.

    Furthermore, the Virginia Department of Motor Vehicles (DMV) imposes additional penalties on young drivers who are convicted of speeding offenses

Questions about Speeding Violations

Traffic

  • In Virginia, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. The offense is defined under Virginia Code Section § 18.2-266, which covers operating a vehicle while impaired by alcohol or drugs. Unlike some states that may differentiate between the two terms and assign varying degrees of seriousness, Virginia treats them as the same offense.

    According to § 18.2-266, driving while intoxicated in Virginia refers to operating a vehicle with a blood alcohol content (BAC) of 0.08 grams or more per 210 liters of breath. It also includes driving under the influence of alcohol, any narcotic or self-administered intoxicant, a combination of narcotics and alcohol, or when the blood concentration of specific narcotics exceeds certain levels. The language of the law encompasses all these scenarios.

  • Under the Virginia Code, if someone is convicted of a DWI/DUI in Virginia, their driver's license must be suspended by the Court. However, there are circumstances where the Court can grant a restricted license with specific limitations. These restrictions may include:

    —— Transport to and from work

    —— Transport to and from VASAP (Virginia Alcohol Safety Action Program) meetings

    —— Transport during working hours

    —— Transport to and from school

    —— Transport to and from medical appointments

    —— Transport for a minor child under your care

    —— Transport for child visitation

    —— Transport to and from court, probation services, or other court-mandated programs

    —— Transport to and from a place of worship

    —— Transport to and from child support programs or appointments

    —— Transport to and from jail

    —— Transport to and from work release programs

    It is important to note that if a restricted license is granted, the judge may require the installation of an ignition interlock device for a part or the entirety of the restricted license period. Failure to comply with the restrictions can lead to separate criminal charges.

  • Oftentimes, a DWI / DUI in Virginia is classified as a misdemeanor offense. However, certain factors enhance the penalty to a felony. For example, a third offense within a 10 year period will result in the charge being a Class 6 felony, or if someone was injured or died as a result of your driving the charge can be categorized as a felony.

  • Yes, it is advisable to consider exercising your right to decline field sobriety tests.

    It is crucial to understand the difference between refusing to perform initial field sobriety tests and refusing to undergo a breath or blood test after being arrested on suspicion of driving while intoxicated. The confusion often arises from not realizing that there are generally two types of breath tests: the Preliminary Breath Test administered on the roadside, and the blood or breath test conducted after your arrest.

    It is within your rights as a citizen to refuse to perform field sobriety tests when you first get pulled over. These are completely voluntary and for all intents and purposes, performing these tests is allowing the officer to strengthen the evidence against you.

    However, once you are at the jail or even while you are in the police car, the officer will begin the post-arrest process of reading you implied consent and advising you that failure to submit to a breath or blood test will result in a separate charge and license suspension.

  • Regardless of your place of residence, it is crucial that you appear in court for your DWI/DUI case. Failing to do so can have severe consequences, including the issuance of an arrest warrant and potential extradition processes initiated by your local law enforcement. Opting to avoid court could turn a situation where jail time was unlikely into a scenario where you may be detained for weeks, awaiting Virginia authorities to take custody of you. Furthermore, skipping court can lead to additional charges for failing to appear, eliminating any potential leverage we may have had for mitigation purposes. Disregarding a court appearance is never a good idea.

  • In Virginia, after a DUI or DWI arrest, your driving privileges may be affected depending on the circumstances and the outcome of your case. Following an arrest, you may receive a temporary driver's permit that allows you to drive for a limited period, typically seven days, while your case is being processed.

    If convicted of a DUI or DWI in Virginia, your license may be suspended. However, you may be eligible for a restricted driver's license after a certain period, provided you meet specific requirements. A restricted license allows limited driving privileges, such as driving to and from work, school, or medical appointments.

    To obtain a restricted license, you typically need to attend a mandatory alcohol education program, show proof of SR-22 insurance coverage, and pay reinstatement fees. The specific conditions and duration of the restricted license may vary depending on the circumstances of the offense and any prior convictions.

  • Realistically, in Virginia, convictions are challenging to expunge unless through a Governor's pardon. However, there are circumstances such as being found not guilty, having the charge dropped, or amended where it may be possible to expunge certain aspects or the entire case. To navigate this process effectively, it is advisable to consult with an attorney who has experience in both DWI/DUI defense and expungements. If you are interested in exploring the expungement process further, we can provide guidance and assistance.

  • Virginia has some of the strongest drunk driving laws in the nation, which also apply to drugged driving.

    All drivers in Virginia with a blood alcohol content (BAC) of .08 percent or higher are considered to be driving under the influence (DUI); however, if drivers 21 and older are impaired with a BAC lower than .08 percent, they also can be convicted of DUI. Drivers under age 21 can be convicted of illegal consumption of alcohol with a BAC of .02 to less than .08.

  • Here are some common outcomes to having prior DUI/DWI convictions:

    —— Increased penalties: Many jurisdictions have laws that impose harsher penalties for repeat DUI/DWI offenders. These can include longer jail sentences, higher fines, and longer license suspensions or revocations. The severity of the penalties tends to escalate with each subsequent offense.

    —— Mandatory treatment or education programs: In many cases, individuals with prior DUI/DWI convictions may be required to attend alcohol education or treatment programs. These programs aim to address substance abuse issues and reduce the likelihood of repeat offenses.

    —— Ignition interlock device: Having prior DUI/DWI convictions may lead to the mandatory installation of an ignition interlock device in your vehicle. This device measures your BAC and prevents the vehicle from starting if alcohol is detected. The duration of the requirement can vary based on the jurisdiction and the number of prior convictions.

    —— Impact on future sentencing: Previous DUI/DWI convictions can be considered an aggravating factor if you face subsequent charges. Judges and prosecutors may view multiple offenses as a pattern of behavior and may be less lenient when determining sentencing options.

    —— License implications: Additional DUI/DWI convictions can result in longer or permanent license suspensions or revocations. Some jurisdictions may even impose lifetime driving bans for individuals with multiple offenses.

    *A three-year driver’s license suspension occurs after a second conviction, and 20 days in jail is required for a second conviction within five years.

  • Here are some general examples of information to bring to a consultation:

    Arrest Details: Provide a detailed account of the circumstances surrounding your arrest, including the date, time, and location of the incident, as well as any interactions with law enforcement officers.

    Court Documents: Bring any documents related to your DUI case, such as the citation, charging documents, bail or bond information, and court summons.

    Driver's License and Driving Record: Bring your driver's license and a copy of your driving record, which can be obtained from the Department of Motor Vehicles (DMV). This will help me assess any prior driving offenses and their potential impact on your current case.

    Breathalyzer or Blood Test Results: If available, provide any documentation related to breathalyzer or blood alcohol concentration (BAC) test results, including the recorded BAC level, test procedures, and equipment maintenance records.

    Witness Information: If there were witnesses to the incident or individuals who can provide relevant information, provide their names and contact details. Witness testimonies can be crucial in building a defense strategy.

    Medical Records: If you have any medical conditions or prescriptions that could have impacted the results of field sobriety tests or chemical tests, bring relevant medical records to support your case.

Questions about Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)

  • The Code of Virginia includes over 20 sections of law on what Reckless Driving is and how it can be punished. Anything from driving in excess of 80mph regardless of the posted speed limit, to getting into a single vehicle car accident can be charged as Reckless Driving.

    Click here to get more information on Virginia’s driving laws.

  • Yes, there can be significant consequences when it comes to using a phone while driving. While texting while driving typically does not escalate a misdemeanor offense to a felony, judges may strongly disapprove of such behavior. If the officer witnesses you engaging in this activity while operating the vehicle, the judge is likely to consider it an aggravating factor. The same principle applies if someone sustains injuries due to your reckless driving.

  • Certainly, you have an absolute right to appeal the ruling of a General District Court or Juvenile and Domestic Relations Court judge to the Circuit Court. The initial process of filing an appeal is straightforward, but it must be completed within 10 days of the conviction to allow the Circuit Court to review the case.

    Several factors need to be considered when determining whether an appeal is the appropriate course of action. We will assess the original judge's decision, evaluate the associated costs of the appeal (including increased court costs), analyze the likelihood of obtaining a more favorable outcome in the Circuit Court, consider whether the Circuit Court judge might impose a harsher penalty, and weigh the overall circumstances to determine if appealing the decision is a prudent choice.

  • It depends.

    Generally, we can represent you without your physical presence in cases where jail time is not a risk. For instance, in many jurisdictions, if you are charged with Reckless Driving based on speed, but the alleged speed is below 100mph or below 30mph over the posted limit, it is unlikely that your presence will be required. However, it is important to note that different jurisdictions may have lower thresholds or judges who mandate the defendant's presence for any Reckless Driving charge.

  • The outcome varies depending on the circumstances. In the case of a charge like 79/60 Reckless Driving, appearing in jail is typically not a concern. However, if the speed exceeds 100mph, judges in Virginia are more inclined to consider imposing an active jail sentence. Some judges may have even lower thresholds for active sentences, although this is less common, particularly in rural areas of Virginia.

    For non-speed related Reckless Driving charges, whether or not jail time is a possibility depends on the specifics of the incident. If you have an arraignment scheduled for your Reckless Driving charge, it is advisable to assume that jail time is a potential outcome until the prosecutor or judge explicitly waives that possibility.

  • In Virginia, a reckless driving conviction typically results in the addition of six demerit points to your driver's license. Reckless driving is considered a serious offense, and the accumulation of demerit points can have various consequences, including potential license suspension or revocation, increased insurance premiums, and the requirement to complete a driver improvement clinic.

  • In Virginia, it is generally not possible to have a reckless driving charge expunged from your record unless you are granted an absolute pardon from the Governor. Expungement is a legal process that involves erasing or sealing records of a criminal conviction, but the criteria for expungement in Virginia are limited, and reckless driving offenses are typically not eligible.

Questions about Reckless Driving

Consultations

  • I offer free consultations, ensuring that you receive a fair and honest assessment.

    Some conversations may be intensive and lengthy, while others may be short. At the end of our call we will gather some contact information, although there is absolutely no obligation to retain my services afterward. I will not pressure you to make a hiring decision during the call. Unless there is an urgent matter, such as an imminent court appearance, I encourage you to take your time and continue your due diligence in finding the right attorney for your needs.

  • Attorney-client privilege is a legal principle that establishes a confidential relationship between an attorney and their client. It ensures that communications between the attorney and client remain confidential and cannot be disclosed without the client's consent, unless specific exceptions apply.

    Rest assured, our consultations are entirely confidential.

  • Yes, it is absolutely acceptable and recommended to consult with multiple attorneys before deciding which one to hire for your legal representation. Attorney-client relationships require trust, effective communication, and a comfortable working dynamic. Taking the time to consult with multiple attorneys helps ensure that you select the attorney who you believe will provide the strongest representation and advocacy for your specific legal matter.

  • Inquire about the attorney's experience and expertise in the relevant area of law. Ask about their track record with cases similar to yours and whether they have achieved favorable outcomes for their clients. If you find that Fidelity is not a fit for your case, I offer recommendations of other firms that could assist in your legal needs.

Questions about Consultations

  • Expungement is a process that allows for the removal or sealing of certain criminal records. When a conviction or arrest is expunged, it essentially means that the record is treated as if it never existed, at least in the eyes of the law.

    If you qualify for an expungement, your record will no longer appear in background checks, making it easier to obtain employment, housing, or education. However, not all convictions can be expunged in Virginia, and eligibility criteria vary depending on the offense and circumstances.

  • Here are some general guidelines regarding expungement eligibility in Virginia:

    Acquittal or Dismissal: If you were acquitted of a crime or if the charges against you were dismissed, you may be eligible for expungement. This means that you were found not guilty in a trial or that the case against you was dropped by the prosecution.

    First Offender Programs: Virginia has various first offender programs that allow certain individuals to have their records expunged upon successful completion of the program. These programs are available for specific offenses and typically involve probation, counseling, or other rehabilitative measures.

    Deferred Dispositions: If you received a deferred disposition, meaning that you were placed on probation or had your case continued without a finding of guilt, you may be eligible for expungement if you meet the requirements set forth in the deferred disposition agreement.

    Underage Alcohol Offenses: Some underage alcohol offenses, such as underage possession or consumption of alcohol, may be eligible for expungement if certain conditions are met.

    Pardons: In some cases, individuals who have received a pardon from the Governor of Virginia may be eligible for expungement.

  • Expungement proceedings in Virginia can take several months to complete. After filing a petition for expungement, there is typically a waiting period during which the court reviews the petition and conducts any necessary background checks or investigations.

  • While I can provide guidance, expertise, and advocacy throughout the expungement process, I cannot absolutely guarantee a successful outcome.

    What I can guarantee is my extensive effort and prioritization of your best interests.

  • Likely not. In Virginia, traffic violations generally cannot be expunged from an individual's record. Expungement in Virginia is primarily available for certain criminal offenses, and traffic violations are typically considered civil infractions rather than criminal offenses.

    Traffic violations, such as speeding tickets, running a red light, or driving without a license, are generally recorded on a person's driving record, which is maintained by the Virginia Department of Motor Vehicles (DMV). While you may be able to have certain demerit points removed from your driving record over time, the record itself cannot be expunged.

  • Expunging your record can have several potential benefits:

    Employment Opportunities: A clean record can enhance your prospects when seeking employment. Many employers conduct background checks, and having a record expunged can increase your chances of securing a job or advancing in your career.

    Housing Opportunities: Landlords often review criminal records when considering rental applications. Expunging your record can improve your chances of finding suitable housing, as it removes the stigma associated with a criminal history.

    Professional Licenses: Certain professions require background checks and may deny or revoke licenses based on criminal records. Expunging your record can help you maintain or obtain professional licenses, allowing you to pursue your desired career path.

    Educational Opportunities: Colleges, universities, and other educational institutions may consider criminal records during admissions. Expunging your record can improve your chances of being accepted into educational programs and accessing financial aid.

    Personal Reputation: Having a criminal record can impact your personal reputation and relationships. Expunging your record can help restore your reputation and provide a fresh start, allowing you to move forward without the burden of past mistakes.

    Peace of Mind: Expungement offers emotional relief, giving you a sense of closure and the ability to leave your past behind. It allows you to focus on personal growth and rebuilding your life without the constant reminder of past legal issues.

  • Yes, in Virginia, it is possible for individuals to expunge their juvenile records under certain circumstances. Eligibility for expungement depends on factors such as the nature of the offense, age at the time of the offense, and the time that has passed since the case's final disposition.

Questions about Expunging Records

Expungements

*Please note that these questions and answers are commonly asked in our criminal and traffic defense cases. They aim to provide general guidance and assistance but should not be considered exhaustive or individualized legal advice for your specific situation. Engaging with these questions and answers does not establish an attorney-client relationship, nor should they be relied upon as a substitute for professional legal counsel.

Given the ever-evolving nature of the law, Fidelity Law Firm does not guarantee the accuracy or reliability of the content provided. It's important to emphasize that Fidelity Law Firm is authorized to practice law exclusively in the Commonwealth of Virginia, and the questions and answers offered here are tailored specifically to Virginia's legal framework.

We encourage you to reach out to us directly to discuss the questions covered in this FAQ, any additional inquiries you may have, and to engage in a thorough consultation regarding your specific case.