Best Criminal Defense Attorneys in Roanoke

FAQs

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

  The non-emergency contact number for the Roanoke Police Department is 540-562-3265.

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

  If you are a victim of a crime in Roanoke, you can request a copy of the police report related to your case by calling the Roanoke County Police Records Division at 540-777-8605. Provide the date and time of the incident, the location where it happened, the name of the parties involved, and the officer's name involved. You must pick up the report in person at the police department. A valid ID is required to obtain your report. Additionally, you can access the weekly reported offenses in Roanoke at https://www.roanokecountyva.gov/Archive.aspx?AMID=56.

• Can you be arrested without a warrant in Roanoke if the officer did not witness what happened?

  Under state law, you can be arrested without a warrant if the following conditions are met: First, there must be probable cause to assume that you have committed a crime, and second, the crime committed must be a felony. For misdemeanor charges, you cannot be arrested without a warrant unless the arresting officer was present when the crime was committed.

• What are the consequences if you have been charged with assault and battery in Roanoke?

  If you have been charged with assault and battery in Roanoke, you can face a fine of $2,500 and a maximum possible jail time of 12 months. Having a criminal defense attorney on your side can help you protect your rights and reduce or even dismiss your charge.

• What are the penalties for a felony charge in Roanoke?

  The state of Virginia, of which Roanoke is a part, categorizes felony charges according to their severity. The most serious felonies are classified as Class 1, while the least serious are under Class 6.

  • Class 1: Life in prison up to the death penalty and fines of up to $100,000
  • Class 2: 20 years to life in prison and fines up to $100,000
  • Class 3: Five to 20 years of jail time and fines up to $100,000
  • Class 4: Two to 10 years of jail time and fines up to $100,000
  • Class 5: One to 10 years of jail time and fines of up to $2,500
  • Class 6: One to five years of jail time and fines of up to $2,500

• What is the court process if you have been charged with a criminal offense in Roanoke?

  If you have been charged with a criminal offense in Roanoke, you will be given a court document that contains basic information about your case. This could include a summons to appear for a trial on a specific date, a criminal warrant, or an indictment. Before your trial begins, you will be arraigned and given the opportunity to post bail. Additionally, your criminal defense lawyer can appear in court on your behalf. They can also contact the Roanoke prosecutor to obtain more information about your criminal charges.

• Which court will your case be filed in if you are charged with a criminal offense in Roanoke?

  If you have been charged with a criminal offense in Roanoke, your case will be filed in the Roanoke General District Court. If you are not satisfied with the district court’s ruling, you can appeal its decision to the circuit court with the help of a criminal defense attorney.

• 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.