Best Criminal Defense Lawyers in Virginia Beach, VA

FAQs

• What is the non-emergency contact number for the local police station in Virginia Beach, Virginia?

  The non-emergency contact number for the Virginia Beach Police Department is (757) 385-5000.

• Where can I get a copy of police reports for incidents related to my case in Virginia Beach, Virginia?

  To obtain a copy of the police report related to your case in Virginia Beach, you can access the police department's ePRO system at https://eprodmz.vbgov.com/MainUI/Incidents/IncidentsMain.aspx. It usually takes at least seven days from the reporting date for the incident to be entered into their records management system.

• How bad is your reckless driving ticket in Virginia Beach?

  A reckless driving ticket in Virginia Beach is a criminal offense classified as a Class 1 misdemeanor. You could face up to 12 months in jail and/or $2,500 in fines. It could also result in devastating consequences to your insurance premiums, driving records, and potential employment opportunities. For comparison, other Class 1 misdemeanors in Virginia include domestic assault, DUI, hit-and-run, and marijuana distribution. You should consult a criminal defense attorney familiar with seeking alternatives to a reckless driving conviction.

• What should you do after an arrest in Virginia Beach?

  After you have been arrested in Virginia Beach, you should remember that you have the right to remain silent and to an attorney. You could face the following penalties after a criminal arrest:

  • Jail time
  • Probation
  • Substance abuse counseling
  • Fines
  • Community service A criminal defense attorney can fight for your rights and help you understand the charges you are facing. You should try to keep track what is happening and what is being said. Your attorney might use the information you get to support your case.

• What can you expect from a DUI case in Virginia Beach?

  If you have been arrested for a first-time DUI incident in Virginia Beach, you will be taken to the police station. You will be asked to undergo a breathalyzer or blood test. This procedure should take place within three hours of your driving. If you refuse to take the test, it can be used against you in court and can result in a one-year license suspension. If you are arrested for another DUI within 10 years, the refusal to undergo either of the tests is considered a misdemeanor.

• What constitutes a public intoxication charge in Virginia Beach?

  A public intoxication charge in Virginia Beach classifies as a Class 4 misdemeanor punishable by up to a $250 fine. The two unique aspects of this offense are being in public and being intoxicated. A criminal defense lawyer can use the following strategies to help your case:

  • Sobriety
  • No harm, no foul
  • Led into the public
  • General mitigation

• What is the statute of limitations for criminal offenses in Virginia Beach?

  In Virginia Beach, there is no statute of limitations for felony cases, such as capital murder, burglary with a deadly weapon, malicious wounding, arson of an occupied building, battery on a person, and animal cruelty. The deadline for filing a case against a misdemeanor suspect is within one year. Examples of misdemeanor crimes include drug paraphernalia possession, domestic violence, property destruction, and public intoxication.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.