Best Criminal Defense Attorneys in Portsmouth

FAQs

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

  Citizens of Portsmouth may dial 311 for non-emergency situations that require police, medical, or fire department response. The Portsmouth Police Department is specifically reachable at (757) 393-5300.

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

  The Portsmouth Police Department Records Unit is at 700 Crawford Street, Portsmouth, Va 23704, and is reachable at (757) 393-8737.

• How often do crimes happen in Portsmouth?

  As per the data compiled in 2021 and released by the FBI in 2022, there were 37.78 property crimes in Portsmouth for every 1,000 persons, broken down into 30.73 thefts, 3.29 burglaries, and 3.75 motor vehicle thefts per 1,000. Violent offenses totaled 7.49 per 1,000 individuals. Overall, a person has a one in 133 chance of being a victim of a violent crime in the metro. 3.3 times the state odds.

• Hoe much time does the government have to file a criminal proceeding against a suspect in Portmsouth?

  According to the law set in the Virginia Code, suspects in Portsmouth can generally be charged for an attempted or completed felony forever, and there is no prescription period. Exceptions include the unlawful creation of an image of another and cruelty to animals which carry five-year time limits. For misdemeanors, a person must be brought to court within a one to five-year period depending on the charge.

• What are the white-collar offenses often seen by criminal defense firms in Portsmouth?

  Criminal defense firms in Portsmouth often represent white-collar suspects charged with financial crimes like embezzlement and money laundering. Bribery is a frequent occurrence as are various types of fraud committed with credit cards or over the internet. Identity theft is also a concern as are forgery, trademark infringement, and tax evasion.

• What are the usual defense remedies employed by penal defense counsel in Portsmouth against illegally seized evidence?

  Criminal defense attorneys in Portsmouth will file court motions to strike illegally seized evidence from the record and invoke the poisonous tree doctrine. This rule states that evidence that is obtained without a proper search warrant or without meeting the prerequisites of a warrantless search cannot be admitted into evidence in court.

• Who are qualified for free legal assistance in Portsmouth for a criminal charge?

  The Portsmouth County Public Defender’s Office offers free legal assistance to criminal suspects in the metro who are considered indigent under the law. Virginia law determines the indigency of the accused by looking into factors like the receipt of state or federally-funded public assistance, net income, exceptional expenses, and total assets.

• 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.