Criminal Defense FAQ

1. What should I do if I’m arrested in Virginia?

Remain calm, do not resist, and exercise your right to remain silent.  Follow all the police instructions and accept that you cannot change what is going to happen at that moment.  You can, however, protect yourself from making the situation worse by asking to speak with an attorney and not answering any questions from law enforcement until you have spoken with your attorney.

2. What are the penalties for a DUI in Virginia?

Penalties can include fines, license suspension, mandatory alcohol education, ignition interlock devices, and jail time, especially for repeat offenses.  Further, if you are in the military, you will also receive military consequences for just the allegations made against you, even if you are never convicted.  You may face non-judicial punishment, separation from the military and loss of benefits, including the loss of your GI Bill.  It is important for you to speak with an attorney knowledgeable about both criminal defense in Virginia and the impact on your military career. 

3. What’s the difference between a misdemeanor and a felony?

Misdemeanors are less serious crimes, usually punishable by up to 12 months in jail and fines. Felonies carry more severe penalties, including longer prison sentences and loss of civil rights such as your right to firearms for personal protection and hunting and your right to vote.

4. Can criminal charges be reduced or dismissed?

Yes. Depending on the evidence, your record, and the circumstances, an attorney may be able to negotiate reduced charges, seek diversion programs, or fight for dismissal in court.

5. How are federal criminal cases different from state cases?

Federal cases are prosecuted in federal courts, often involve agencies like the FBI or DEA, and carry harsher penalties. These cases require attorneys with federal court experience.  Additionally, traffic tickets received on military installations are prosecuted in the federal courts.