Fairfax Criminal Defense Attorney

What to Do After Being Arrested for a Criminal Offense?

The moments following an arrest are critical, and your decisions can significantly impact your case's outcome. It's essential to know your rights and act accordingly to protect yourself from further legal complications. 

Remember, immediate steps taken after an arrest can influence the strength of your defense strategy. Knowing the legal processes in Fairfax and securing experienced legal counsel quickly is instrumental in building a proactive defense. It's advisable to remain calm and cooperate with law enforcement while protecting your rights.  Additionally, understanding the charges and potential consequences forms a crucial part of this initial stage. Dischley Law, PLLC ensures you are fully informed about these dynamics and supports you in making informed decisions as your situation unfolds. Preparedness and an early legal intervention can significantly affect the resolution of your concerns.

• Invoke Your Right to Remain Silent: The right to remain silent is a fundamental privilege the Constitution grants. Exercise it. Anything you say can be used against you in court, so it's crucial to refrain from providing any statements without legal representation.
• Contact a Criminal Defense Attorney Immediately: Time is of the essence. The sooner you involve a skilled criminal defense attorney, the better your chances of building a robust defense. At Dischley Law, PLLC, our team is ready to provide prompt legal assistance.
• Avoid Self-Incrimination: Resist the temptation to explain your side of the story to law enforcement without your attorney present. Statements made in the absence of legal counsel may inadvertently jeopardize your defense.
• Do Not Consent to Searches Without a Warrant: You have the right to refuse a search of your person, vehicle, or property without a proper warrant. Politely assert this right to protect your interests.
• Understand the Charges Against You: A clear understanding of your charges is crucial. We will meticulously analyze the charges, ensuring you comprehend the potential consequences and available legal strategies.
• Preserve Evidence: Document any pertinent details about the incident, including names of witnesses, locations, and any other relevant information. This can be invaluable in building a strong defense strategy.
• Remain Calm and Cooperative: While asserting your rights is essential, maintaining a calm and cooperative demeanor is equally important. Any resistance or hostility can complicate the situation further.

Types of Felony Charges in Virginia

In Virginia, a person charged with a felony on a warrant has a statutory right to a preliminary hearing. In Fairfax, that means your case will originate in the Fairfax General District Court or the Fairfax Juvenile and Domestic Relations Court. Felonies are very serious offenses and are classified as follows:

Understanding the classification of felonies is crucial as they significantly impact the legal strategy formulated by your defense team. Each felony class in Virginia carries distinct potential penalties and complexities, requiring a strategic and informed approach. At Dischley Law, PLLC, we delve into the nuances of your charges, offering you a comprehensive explanation and using this knowledge to create a tailored defense approach.

• Class 1: The most serious felony charges are punishable by life imprisonment and fines of up to $100,000. 
• Class 2: These crimes are punishable by fines of up to $100,000 and a prison sentence of 20 years to life. 
• Class 3: Felonies in this class also carry a maximum fine of $100,000 and potential imprisonment for five to 20 years. 
• Class 4: Class 4 felonies carry a possibility of fines and up to two to ten years imprisonment in a state facility. 
• Class 5: These are some of the most common felonies and if convicted, the punishment is up to 10 years in the penitentiary, or alternatively, up to 12 months in jail and a fine up to $2,500. 
• Class 6: A conviction could result in one to five years in prison or, in the Court’s discretion, no more than 12 months in jail.
• Class U:  These are unclassified felonies that carry their own punishments.  For example, Larceny in Virginia is punishable by one year in prison up to 20 years.  Unclassified felonies carry their own punishment range which do not fit neatly into any of the above classifications.   

In Fairfax, you will have an arraignment in the Fairfax General District Court that will be held at 10:30 a.m. within a week or two of your arrest.  On that date, you will be given a date for your preliminary hearing which will be held at 2 p.m.  If the case is in Fairfax Juvenile and Domestic Relations Court, arraignments are held at 3:00 p.m. and trials are scheduled by the judge at various times. Preliminary hearings are just a probable cause hearing to see if the case will be certified to the Grand Jury. However, many cases can be negotiated and disposed of at the preliminary hearing, negating the need for the case to proceed to the Fairfax Circuit Court.  However, if the case is serious or unable to be resolved, the case will proceed to Circuit Court for further hearings and eventually a plea or trial. 

Misdemeanor Charges in Fairfax 

Unlike a felony, misdemeanors are tried in the Fairfax General District Court or the Fairfax Juvenile and Domestic Relations Court (JDR Court).  Often, an arraignment will be held at 9:00 am or 9:30 am shortly after your arrest or 3 p.m. if the case is in JDR Court.  The case will then be set for trial at 9:30 a.m. (Reckless driving cases are set directly for trial) in General District Court or in JDR Court, according to the Court’s schedule.  Misdemeanors, while less serious than felonies, still carry drastic consequences and are classified as:

Having a knowledgeable team for misdemeanor defense is crucial because these offenses, though less severe than felonies, can still impact your life significantly. Consequences may include dealing with community service mandates, fines, or potential repercussions on employment. At Dischley Law, PLLC, we work tirelessly to navigate these conditions, employing skilled negotiation tactics and insightful legal acumen to mitigate these penalties whenever possible.

• Class 1: The most serious misdemeanor charges can result in up to 12 months in jail and a fine of $2,500. 
• Class 2: If convicted, a person could face up to six months in jail and fines of no more than $1,000. 
• Class 3: These misdemeanors are punishable by a fine of up to $500 and no jail time. 
• Class 4: The least serious misdemeanor charges may be punishable by a fine of up to $250 with no jail time. 

Successfully defending a misdemeanor charge takes an understanding of the system and knowing what prosecutors, the police, and victims might consider adequate mitigation.  Also, each misdemeanor has its own legal issues that often can result in a positive outcome through negotiation or trial. 

Fairfax Reckless Driving Defense

Many people often wonder if they need a lawyer for a reckless driving charge in Fairfax.  The simple answer is yes!  The attorneys at Dischley Law, PLLC have witnessed many people convicted of reckless driving in Fairfax that could have avoided a conviction by hiring a lawyer.  Sometimes, it is possible to have your reckless driving charge dismissed by challenging the actions of the police officer.  Often, negotiations with the prosecutor can result in the case being reduced to a simple traffic infraction or non-moving offense. 

Reckless driving in Fairfax is considered a serious offense in Virginia that goes beyond a mere traffic violation due to its implications, such as high fines, potential jail time, and license suspensions. Understanding the intricacies of these penalties, such as when they might be applied, and how previous driving records influence potential outcomes could be crucial for effectively managing the legal process. Dischley Law, PLLC offers strategic defenses to address these challenges head-on, striving to achieve the most favorable case resolutions possible.

The penalty for reckless driving is up to 12 months in jail and a fine up to $2,500.00.  Additionally, the court in Fairfax can suspend your license for up to 6 months.  Reckless driving is a class one misdemeanor.  Mitigation can be key to avoiding jail or getting the offense reduced. Also, the quality of a person’s driving record plays a major factor in these types of charges. 

Criminal Charges Our Law Firm Handles

If you have been accused of a crime, you could be facing severe consequences with the court but also ancillary consequences with your employment, security clearance, and immigration. Dischley Law, PLLC believes that those accused of a crime deserve legal counsel with their best interests in mind. 

Our approach to handling diverse criminal charges is grounded in an understanding of the local legal landscape. We take the time to carefully evaluate all aspects of the charge, identify potential defenses, and work tirelessly to protect our clients' rights. Each category of law—be it drug offenses, property crimes, or fraud—requires specific attention to detail. At Dischley Law, PLLC, our comprehensive approach addresses the nuances of these charges to advocate vigorously on behalf of our clientele.

Our firm handles a variety of criminal law charges including: 

• Drug offenses
• Gun charges 
• Violent crimes
• Fraud
• Reckless driving
• Property and theft 
• Misdemeanors 
• Felonies 
• DUI/DWI
• Expungement 
• And more

Contact Our Criminal Defense Lawyer in Fairfax Today

Our team of experienced and compassionate legal advocates works with clients to investigate their charges and determine the most optimal strategy. As a boutique firm, we tailor our services to fit the needs of our community while maintaining a personalized approach to each charge. Our award-winning firm has a reputation for excellence, and we use our knowledge, strategy, and innovation to produce favorable results. 

Getting in touch for a consultation is the first step toward gaining peace of mind and clarity during an overwhelming time. Our attorneys prioritize open communication and transparency, guiding you through the complexities of the legal process while staying committed to achieving the best possible outcomes in Fairfax criminal defense situations. Don't hesitate to reach out and secure the dedicated legal support you deserve.

Schedule your free initial consultation with our Fairfax criminal defense attorneys and entrust your case to a legal team that cares.

Understanding Local Legal Trends in Fairfax

Having a grasp on local legal trends is vital for anyone facing criminal charges in Fairfax. The legal landscape is constantly evolving, and being aware of new laws or amendments can impact your defense strategy significantly. In recent years, Fairfax has seen a shift towards more rehabilitative approaches for certain low-level offenses, reflecting broader state-wide reforms aimed at reducing recidivism. This means there might be opportunities for alternative sentencing or programs that can aid your situation, which our team at Dischley Law, PLLC can navigate expertly on your behalf.

Additionally, staying informed about local crime statistics and enforcement priorities can provide crucial context to your defense. For instance, understanding which crimes are currently a focus for law enforcement can help in predicting how your charges might be prosecuted and any strategic defenses that can be applied. At Dischley Law, PLLC, we leverage our deep local insights to inform and adapt our legal approaches, ensuring we provide informed advice and robust representation tailored to the Fairfax legal climate.

FAQs About Criminal Defense in Fairfax

What Is the Role of a Criminal Defense Lawyer?

A criminal defense lawyer serves as an advocate for individuals facing criminal charges, providing both legal counsel and representing them in court proceedings. The lawyer’s responsibilities include investigating the charges, gathering and examining evidence, negotiating with prosecutors, and arguing on behalf of the client before the judge or jury. At Dischley Law, PLLC, our role extends beyond mere representation; we offer tailored guidance through the complex legal maze, ensuring our clients fully understand their rights and options. We focus on building a strategic defense that considers all angles, aiming to secure the most favorable outcomes possible.

How Are Criminal Charges in Fairfax Processed?

In Fairfax, the criminal process starts with an arrest or a complaint filed in court. The next phase involves arraignment, where the accused is formally charged and asked to enter a plea. This is followed by a series of pre-trial motions and discovery, where both parties exchange evidence. Depending on the nature of the charges, preliminary hearings may be necessary to establish probable cause. The trial itself, if it proceeds that far, involves presenting evidence and witness testimony, after which the judge or jury delivers a verdict. Post-trial, there could be sentencing hearings and potentially appeals. Understanding each step and its implications is crucial, and having experienced counsel from Dischley Law, PLLC can aid in navigating this process smoothly.

What Should I Consider When Choosing a Criminal Defense Attorney?

Selecting the right criminal defense attorney is vital. Important factors to consider include the lawyer's familiarity with local courts and their track record in handling similar charges. Experience in navigating the Fairfax legal system is invaluable as it offers insights into local procedures and prosecutor practices. At Dischley Law, PLLC, we pride ourselves on our extensive background as former prosecutors in the region, providing us a unique edge in understanding both sides of the legal battle. Furthermore, a lawyer's communication style and their approach to client engagement are essential; they should be accessible, clear, and committed to your best interests.

Can Fairfax Residents Access Legal Support for Minor Offenses?

Fairfax residents facing minor offenses, such as misdemeanors, should consider legal support to mitigate the potential impacts on their record. Having a record, even for a minor offense, can affect employment opportunities, housing, and other areas of life. Legal avenues like alternative sentencing or expungement might be available, depending on the charge details. Dischley Law, PLLC understands the long-term implications of these offenses and works diligently to pursue favorable outcomes. Our firm leverages its local connections and knowledge to access resources that may assist in your defense or in the reduction or dismissal of charges.

What Steps Can Be Taken to Avoid a Criminal Record?

Mitigating the risk of obtaining a criminal record hinges on several strategies including plea negotiations, participation in diversion programs, or outright defense of the charges. In Fairfax, certain offenses might qualify for first-time offender programs that can keep a conviction off your record, providing legal conditions are met. Engaging with an experienced defense attorney as soon as possible allows for exploration of these options, ensuring they are presented and pursued where appropriate. Dischley Law, PLLC is adept at identifying these opportunities, working collaboratively with our clients to safeguard their futures against the impact of a criminal conviction.