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If you've lost your right to possess firearms due to a felony conviction or certain misdemeanors in Virginia, you may be wondering how long you have to wait before you can petition the court to have your gun rights restored. The gun rights waiting period depends on the specific offense and your unique circumstances. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can help you understand the eligibility requirements and guide you through the petitioning process when the time is right.

Gun Rights Waiting Period for Felony Convictions in Virginia

If you were convicted of a felony, you may be able to get your gun rights restored, even if you were convicted of a violent crime. You must wait until you complete your sentence, including any term of probation or parole, before petitioning for Virginia firearms restoration. Our criminal defense lawyers can advise you on the gun rights waiting period and when the best time would be to petition for the restoration of your rights. 

Exceptions to Virginia Gun Rights Restoration 

If you were convicted of certain offenses, you may not be eligible to have your gun rights restored under Virginia law:

• Misdemeanor domestic violence. If you were convicted of a domestic assault and battery offense under Virginia Code § 18.2-308.2, also called assault and battery against a family or household member, you would lose your right to own a gun under federal law. You could not get your gun rights restored in Virginia.
• Federal felony. If you were convicted of a federal felony crime, you would also be ineligible to get your right to own a firearm restored.

Factors Considered in Gun Rights Restoration Petitions in Virginia

Meeting the mandatory gun rights waiting period is just one piece of the puzzle when seeking to restore your gun rights in Virginia. You would first have to petition the Governor’s office to restore your civil rights, which you would have also lost if you were convicted of a felony. Then, you must petition the court to restore your gun rights. The court will consider several other factors, including:

• Evidence that you will not be a risk to public safety if your rights are restored
• Your criminal history and reputation
• Your mental health and any substance abuse issues
• The circumstances surrounding the offense that led to the loss of your rights

How Our Experienced Manassas Criminal Defense Lawyers Can Help

At The Wilson Law Firm, our lawyers can assess your situation, determine your gun rights waiting period, and guide you through each step of the restoration process. We can also help you build a strong petition demonstrating your fitness to have your firearm rights restored.

Some people mistakenly believe that they can only be charged with DUI if they consume alcohol or illegal drugs and drive. However, this isn’t true. You might also be arrested for DUI if you drive while taking prescription drugs. If this happens, our experienced Virginia DUI lawyers at the Wilson Law Firm will use our considerable defense strategies to produce better results in your case. 

DUI Charges for Prescription Medications in Virginia

In our state, a first offense DUI is a Class 1 misdemeanor. You could be charged with DUI for prescription drug use under Virginia Code § 18.2-266 for the following actions:

• Driving while under the influence of a self-administered intoxicant or narcotic drug, or a combination of them, that impairs your ability to operate a vehicle safely.
• Driving while under a combination of alcohol and drugs which reduces your ability to operate a vehicle safely. 

The law provides no exception if you are taking a prescription medication prescribed by your physician—it applies to “drugs of whatsoever nature”. You can also be convicted even if you didn’t realize your medications caused you to be impaired.

If convicted, the punishments can include a one-year jail sentence, a fine of up to $2,500, and suspension of your driver’s license. In addition, you’ll have a permanent criminal record.

Defense Strategies Our DUI Lawyers Can Use to Defend You

Our skilled criminal legal team knows you could have solid DUI defenses to the charges you face—even if you believe you’re guilty of prescription medication DUI. Here are some strategies we may employ:

• Invalid stop. Law enforcement must have reasonable suspicion you were violating laws—such as speeding, weaving between lanes, or not using a turn signal—to stop you in the first place. If the traffic stop is illegal, the police cannot use any evidence collected there against you, which could mean they don’t have a case. 
• Violation of your constitutional rights. This might apply if officers continued to question you after you exercised your right to remain silent or told them you wanted an attorney, or they illegally searched your car without a warrant. If so, we may be able to get the evidence they obtained suppressed, significantly weakening the criminal case against you.
• Test results challenges. We may be able to challenge field sobriety and blood test results if they weren’t administered properly—which is frequently the case.
• Prescription drug challenges. Our DUI lawyers carefully analyze the test results to determine what substances you ingested, how they metabolized, and how impaired you were to raise questions about the prosecutor’s ability to prove their case beyond a reasonable doubt. We’ll also hire an expert witness to help us with this analysis if necessary.

Our Virginia Criminal Defense Lawyers Explain the Loss of Gun Rights After a Domestic Violence Conviction 

You could be sentenced to months to decades in prison and ordered to pay a fine of up to $100,000 if you’re convicted of domestic violence in Virginia. Another harsh consequence is that you may lose your gun rights. Fortunately, our strategic Manassas criminal defense lawyers at The Wilson Law Firm can mount an aggressive defense to fight these charges and may be able to help you get your gun rights restored.

When You Could Lose Gun Rights After Virginia Domestic Violence Conviction

Whether you will forfeit your right to own a firearm after a domestic violence conviction depends on your specific circumstances.

However, even a minor offense could impact your gun rights. You could be prohibited from purchasing or owning a gun in these situations. 

1. Felony Domestic Violence Conviction

If you’re convicted of any felony, including domestic assault, you will lose your gun rights in Virginia. You could be convicted of assault and battery against a family or household member as a Class 6 felony under Virginia Code § 18.2-57.2 if you have two prior convictions for this crime, malicious or unlawful wounding, aggravated malicious wounding, or strangulation. Household members include spouses, former spouses, immediate and step-family members, individuals who had a child together, and people living together or who have done so in the past 12 months and their children. 

2. Misdemeanor Domestic Violence Conviction

As of July 1, 2021, you could also forfeit gun rights if you’re convicted of assault and battery of a family or household member as a misdemeanor under Virginia Code § 18.2-308.2. Under this statute, you lose your right to own a firearm for three years. A family or household member is defined as:

• The victim’s spouse, whether or not they reside together.
• The victim’s former spouse, whether or not they reside together.
• An individual who has a child in common with the victim, whether or not they were married or have resided together.

3. Protective Order

If the court issues a protective order—also referred to as a no-contact order—prohibiting you from having contact with the victim, you also forfeit your gun rights. If a warrant is issued for your arrest for assault and battery of a family or household member, the magistrate is required to issue an emergency protective order. 

Let The Wilson Law Firm Defend You If You’re Charged With Domestic Violence 

Our skilled attorneys know that you could have strong defenses to fight the domestic violence charges you face, and we’ll use them to help you achieve the best possible outcome in your criminal case. This is true even if you think you’re guilty. We can also help you get your gun rights restored if you lose them due to a domestic assault conviction and are eligible to have them back.

Let Our Virginia Criminal Defense Lawyers Help Get Your Gun Rights Back After a Conviction 

One of the consequences of committing a felony crime in Virginia is you’re no longer allowed to possess a firearm. However, there might be a way to have your rights reinstated. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can advise you whether this is possible and help you take the necessary steps on this action. 

How Can You Get Your Gun Rights Back After a Felony Conviction?

Under Virginia Code § 18.2-308.2, you’re prohibited from possessing or transporting a firearm or ammunition if you’re convicted of a felony. 

However, once you complete your sentence, there are two possibilities to try to restore your gun rights. As your legal representation, we’ll be with you throughout the process to help secure a successful outcome. Here’s what we recommend. 

1. Restore Your Civil Rights First 

Once convicted of a felony, you automatically lose your civil rights, such as the right to vote and hold public office, as well as the right to own a firearm. You must file an application with the Governor's office asking that your civil rights be restored. 

2. Then Petition the Court

Once the Governor restores your civil rights, you must file a petition in the Circuit Court in the county where you live asking the judge to reinstate your gun rights. You’ll also need to attend a court hearing. The judge has the right to grant or deny your petition.

If you have our criminal defense lawyers file your petition and represent you at your hearing, you’re much more likely to have your request granted. We understand the many factors the courts consider when deciding whether to give you back your gun rights and will present your situation in the most favorable light. 

Here are some of the considerations the judge evaluates at your hearing:

• Whether the crime you were convicted of involved violence or the use of a firearm.
• The amount of time since your felony conviction.
• Your prior criminal history.
• Your work and personal relationships and your behaviors after you served your sentence.
• Your character and reputation in the community.

If the court grants your petition, you then have the right to purchase a firearm and obtain a concealed gun permit.

Our Virginia Criminal Defense Lawyers Share Why Representing Yourself Is a Big Mistake

While you have a right to do this, deciding to go it alone in court wouldn’t be in your best interests, given the serious consequences you face if convicted. You need to retain the experienced Manassas criminal defense lawyers at The Wilson Law Firm to defend you and help you achieve a good outcome in your criminal case.  

Why It’s Risky to Pose Your Own Defenses Without Legal Help

Whether you’re charged with a misdemeanor or felony, you have too much at stake to try to defend yourself. Criminal law is extremely complicated. Though no fault of your own, you simply wouldn’t have the experience or knowledge to recognize and effectively present your defenses. 

You could also be at a severe disadvantage in court, especially if up against a much more skilled prosecutor who could take advantage of the fact that you’re not represented. In addition, the judge would expect you to follow Virginia’s Rules of Criminal Procedure and know what you’re doing at court hearings just like an attorney would.

So, without a knowledgeable defense, you could face months or years in jail or prison and have to pay large fines if you’re convicted. You would also have a permanent criminal record that may result in major negative consequences throughout your life.

How The Wilson Law Firm Can Help You

The benefits of having an attorney represent you in your criminal case far outweigh the costs of hiring them. Here are the many ways our legal team will assist you:

• Explain the charges. Understanding the crimes you’re accused of committing is crucial. Our criminal defense lawyers explain the nature of your charges, the potential penalties, and what to expect during your criminal case. Knowing all this helps you make informed decisions about your defense.
• Investigate your case. Our attorneys know that a thorough investigation makes a huge difference in how your case is resolved. We examine the prosecution’s evidence against you, interview witnesses—and hire expert witnesses if necessary. This helps us build a strong defense and establish weaknesses in the prosecutor’s case against you.
• Develop a defense strategy. We develop a solid strategy based on the specifics of your case. Even if you believe you’re guilty, you could have good defenses, including violations of your constitutional rights, that increase your chances of getting the charges against you dismissed or achieving another favorable outcome in your case.
• Negotiate a plea bargain. If it’s in your best interests and you want to enter into a deal, our legal team will negotiate a plea bargain with the prosecutor in which the charges against you are reduced or you receive a lighter sentence. 
• Represent you in court. Your legal team from The Wilson Law Firm will be by your side and represent you at all your court hearings. If your case goes to a jury trial, we present evidence and witnesses supporting your defenses, cross-examine the prosecutor’s witnesses, and argue on your behalf to secure an acquittal or the best possible verdict.

Trust us to, as one of our clients put it, to “give you support in your time of need.” 

A Virginia Criminal Defense Lawyer Explains Police Entry Without a Warrant 

If members of law enforcement knock on your door and ask to come in but don’t have a search warrant, you need to know what to do to protect your rights and not give them evidence they can use to arrest you. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm are here to protect you, and we can use the police's violations of your constitutional rights to defend you.

When Can Virginia Police Enter Your Home Without a Warrant? 

One of Virginia residents' most fundamental protections under the Fourteenth Amendment is the prohibition of unlawful searches and seizures. The general rule is that the police officers require a search warrant under Virginia Code §19.2-59 to come into your house.

However, there are exceptions that you should be aware of:

• You give your consent. Law enforcement may enter your home without a warrant if you willingly provide consent. It’s important to understand that you have the right to refuse consent. You should consult with a skilled criminal defense attorney before deciding whether to allow entry.
• They’re in hot pursuit of someone. They have authorization to enter any residence without a warrant if they see the individual fleeing or entering your home. The pursuit must be ongoing, and the entry should be directly related to the pursuit of the suspect.
• The police suspect a crime is in progress. For example, if they hear a gunshot or someone screaming for help when passing your house, they may be able to enter without having a search warrant.

Being informed about your rights is the first step in protecting yourself against unlawful searches. If you believe this happened without proper authorization, our experienced Manassas criminal defense lawyers are ready to defend your rights. 

We may be able to file a motion to suppress evidence unlawfully seized by the police without a search warrant. If the excluded evidence is crucial to the prosecutor's case against you, we may be able to get the charges against you dismissed or reduced to a less serious offense through a plea bargain.

Possibly. Virginia laws issue strict punishments for fake identification usage. Unfortunately, minors sometimes purchase and use fake IDs to engage in the underage purchase of alcohol or other activities illegal for people under age 21. If you’re facing charges for a fake ID crime, reduce the punishments in Virginia with the essential guidance of an experienced Manassas criminal defense attorney at The Wilson Law Firm. Our legal team can defend you and help you achieve the best possible outcome, given your situation. 

What is a Fake ID Under Virginia Law? 

A fake ID, also known as a false or forged identification, refers to any document altered, developed, forged, or fraudulently obtained to misrepresent your identity. These include, but aren’t limited to:

• Drivers’ licenses
• Identification cards
• Passports
• Military IDs
• College or university IDs
• Birth certificates
• Social Security cards
• Foreign visas

What Are Virginia's Fake ID Laws?  

Virginia Code § 18.2-204.1 and Virginia Code § 18.2-204.2 specifically address the use of false identification. According to these statutes, it’s unlawful to knowingly possess or display a fake birth certificate ID, driver’s license, or other ID with the intent to establish a false identity. This includes using such identification to enter an age-restricted establishment, purchase alcohol, tobacco, or any other age-restricted goods, or engage in any illegal activity. 

Possessing a fake birth certificate is a Class 1 misdemeanor. The possession of a fake driver's license or a school ID would be charged as a Class 2 misdemeanor.

An individual could also be charged with a Class 1 misdemeanor for selling, manufacturing, producing, or advertising a fake ID. However, the crime would be a Class 6 felony if they manufactured, sold, or transferred a fake birth certificate, even if it was produced for their own use. 

Fake ID Crimes: Punishments and Penalties in Virginia

The potential penalties are severe if you’re found guilty of using a fake ID under Virginia Code 18.2-204.1 or 18.2-204.2. Your sentence depends on many factors, like the circumstances of your arrest and your prior criminal history. Here are the fake ID punishments in Virginia. 

Class 1 Misdemeanor  

A first-offense Class 1 misdemeanor conviction may result in a fine of up to $2,500 and up to 12 months in jail.

Class 2 Misdemeanor 

The punishments can include a maximum jail sentence of 6 months and a fine not to exceed $1,000.

Class 6 Felony 

If you’re convicted of a Class 6 felony, you could be sentenced to up to five years in prison. However, the judge or jury may reduce the penalty to a jail sentence not to exceed 12 months and a fine of up to $2,500. 

Criminal Record 

A conviction for using a fake ID will result in a permanent criminal record, which could have long-term consequences on future employment opportunities, education prospects, and other aspects of your life.

If you are arrested in Virginia, you will face misdemeanor or felony charges. Felonies are more serious crimes and carry stiffer punishments, including a lengthy prison sentence and hefty fines.

If you have been charged with a felony, it is vital to understand the classification of felonies to know the potential sentence you face if you are convicted. You should also consult with an experienced Manassas criminal defense lawyer at The Wilson Law Firm immediately to raise the constitutional, procedural, and other defenses you may have—even if you believe you are guilty.

How Felonies Are Classified in Virginia

Our state has six classes of felonies, ranging from the most severe Class 1 felony to the least severe Class 6 felony. Understanding these classifications is essential, as they significantly determine the potential penalties associated with each offense. Here is a breakdown of the felony classifications in Virginia.

Class 1 Felonies

These are the most serious offenses in Virginia and include crimes such as capital murder and first-degree murder. Class 1 felonies are punished by life imprisonment or death, although the death penalty can only be imposed in specific circumstances.

Class 2 Felonies 

This classification encompasses crimes such as kidnapping and aggravated malicious wounding. Class 2 felonies carry a potential prison sentence ranging from 20 years to life, with a mandatory minimum term of imprisonment for certain offenses and a maximum fine of $100,000. 

Class 3 Felonies

Crimes like burglary, stabbing someone, and certain drug offenses fall under Class 3 felonies. The punishment for Class 3 felonies includes five to 20 years in prison and a fine of up to $100,000. 

Class 4 Felonies  

This classification includes offenses like embezzlement, arson of an unoccupied building, and prostitution. Class 4 felonies carry a potential prison sentence of two to ten years and a fine not to exceed $100,000. 

Class 5 Felonies  

Crimes such as involuntary manslaughter and extortion are Class 5 felonies. They are wobbler crimes that can be punished as a misdemeanor or felony. 

The punishment for Class 5 felonies includes imprisonment for one to ten years. However, at the discretion of the jury or the court, an individual can be sentenced to a jail sentence of up to 12 months and a fine of up to $2,500. 

Class 6 Felonies 

Crimes like strangulation and credit card fraud are Class 6 felonies and are also wobbler offenses. These felonies are punishable by imprisonment for one to five years or at the discretion of the jury or the court, the same punishment as for a Class 5 felony.

DNA evidence has become routine in criminal investigations in Virginia and other states. However, DNA evidence is not infallible and can sometimes lead to wrongful accusations.

If you have been arrested and DNA evidence has been collected against you, you may worry about its impact on your future. Fortunately, an experienced Virginia criminal defense attorney may be able to assist you in having DNA evidence expunged from the DNA database.

Why Would You Want Your DNA Evidence Expunged?

Having your DNA evidence stored in the Virginia DNA database would give the police access to your DNA and allow them to see if DNA evidence collected at a crime scene could be matched to yours. Especially if you were wrongly accused of a criminal offense, you would not want to give law enforcement officers free access to your DNA.

When Can DNA Evidence Be Expunged in Virginia?

DNA evidence is collected in many criminal investigations. The police are required to obtain a DNA sample when a person is arrested for a violent crime or is convicted of a felony or some misdemeanors in Virginia. However, you may be able to get DNA evidence expunged in certain circumstances. These can include:

• No connection between DNA and the crime. If you can show that the DNA evidence collected does not establish a connection between you and the crime in question, you may be eligible to have your DNA evidence expunged. This can be demonstrated through a lack of match or other evidence that disproves the DNA link.
• Innocent and received a pardon. If you have been wrongfully found guilty of a crime and subsequently received a pardon, you may be able to have your DNA evidence expunged. A pardon is a governmental act of forgiveness by the Governor of Virginia.
• Conviction reversed. If your conviction has been reversed on appeal or through other legal means, you may get your DNA evidence expunged. This can include cases where new evidence comes to light or errors in the legal process are discovered, leading to a reversal of the conviction.

How Can You Get DNA Removed From the Virginia DNA Database?

The process of getting DNA evidence removed from the database in Virginia can vary depending on the circumstances. Ways to get your DNA expunged include:

• Automatic removal. Under Virginia Code §19.2-310.2:1, the Clerk of the Court must notify the Department of Forensic Science of the outcome of any violent felony criminal case. If the criminal charges against you are dismissed, or you are acquitted of the crime, the DNA evidence collected should be automatically removed from the database unless there is an outstanding warrant or criminal charges against you.
• Request by you or the government. If your DNA evidence is not associated with the crime at issue or is not the DNA of the perpetrator of the crime, your DNA can be removed from the database if the prosecutor or your criminal defense attorney notifies the Department of Forensic Science of this in writing. Virginia Code §19.2-11.10 requires the Department to destroy your DNA evidence in this situation.
• Request by you. You can request that your DNA evidence be expunged under Virginia Code §19.2-310.7 if your conviction is reversed and the criminal case against you is dismissed. Your request is much more likely to be granted if a knowledgeable criminal defense lawyer represents you.

You will have many important decisions to make in your criminal case in Virginia. For example, you must decide whether to plead guilty or take your case to trial. You will need the help of an experienced criminal defense lawyer to make the right decision and determine if it is in your best interests to testify at your trial.

Your Constitutional Right Not to Testify

In any criminal case, there is a presumption that you are innocent, and the prosecutor must prove your guilt beyond a reasonable doubt. You also have a constitutional right to testify at any hearing in your criminal case if you want, but you are not required to take the stand under the Fifth Amendment. If you choose not to testify, the judge or jury cannot hold your silence against you when deciding whether you are guilty of the crimes you are accused of committing.

Five Reasons Not to Testify at Your Trial

While you have a right to take the stand at your jury trial, this does not mean you should testify. It may not be a good idea to testify, even if you know you were falsely accused of committing a crime.

You should listen to your attorney’s advice when deciding whether to testify. Reasons it may not be in your best interests to do this include the following:

1. False testimony. Your lawyer might be ethically required to refuse to let you testify if they believe that you will commit perjury or mislead the judge or jury if you testify.
2. Your criminal record. If you have an extensive criminal record, the prosecutor may be able to use this to discredit you when cross-examining you.
3. Your demeanor. You may not have the right demeanor to be a good witness. You may appear harsh, cold, unlikeable, or unbelievable, which could hurt your chances of convincing the judge or jury of your innocence.
4. Your performance under stress. Another consideration in deciding whether to testify is how you perform under the stress of being cross-examined by the prosecutor. If you appear agitated, nervous, or angry, the jury may believe this is a sign of guilt.
5. Necessity. Depending on your defense, your testimony could be entirely unnecessary for your defense. For example, if your attorney is defending you by disputing blood alcohol, DNA, or other test results, your testimony would not help your defense and could hurt your case.

You face harsh punishments and long-term consequences if you are convicted of a crime in Virginia. However, you may wonder if hiring a lawyer is worthwhile if you know you are guilty.

You should always retain an experienced criminal defense attorney if you have been charged with a criminal offense. You have a right to a lawyer and may have strong defenses that could help you get the charges dismissed or reduced to a less serious offense—even if you believe you are guilty.

Benefits of Retaining an Attorney When You Know You Are Guilty

Hiring a lawyer can be highly beneficial to you even if you plan to plead guilty to the charges you face. Some reasons you want an attorney to represent you include the following:

• Understand the charges and penalties. Your lawyer will explain the charges against you and the penalties you face if you are convicted. You need to understand this to know what to expect and make the right decisions in your criminal case.
• Raise your defenses. Even if you committed a crime, you could have strong defenses that you can use to fight the charges. Your attorney can explain your defenses to you and raise them in your criminal case to defend you to help you achieve the best possible outcome in your case.
• Challenge the prosecutor’s evidence. The prosecutor must present evidence in your criminal case that proves your guilt beyond a reasonable doubt. Your lawyer can raise doubts about the prosecutor’s evidence and may file a motion to suppress evidence against you if the police engaged in misconduct or your constitutional rights were violated.
• Negotiate a plea agreement. If you and your attorney decide it is in your best interests to plead guilty, they may be able to negotiate a favorable plea bargain with the prosecutor where the charges are reduced to a less serious offense, and your sentence is reduced.
• Seek alternatives to prison. Your lawyer will explore alternative sentencing options to keep you out of jail or prison. These can include being placed on probation or placed under house arrest.

Are you facing criminal charges in Virginia? Our skilled criminal defense lawyers will mount an aggressive defense strategy for you. Call our Manassas office at 888-DUI-LWYR, or fill out our online form today to schedule your free initial consultation today to learn more about how we can assist you.

Related Links: How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Attorney Defend You What You Need to Know Before Pleading Guilty

 

Under Virginia’s new law, no-knock warrants are banned. The police can no longer execute a search warrant at your home without first knocking. Here is what you need to know about this law.

What Is Virginia’s Ban on No-Knock Search Warrants?

Virginia’s new law banning no-knock warrants went into effect on March 1, 2021. Under

Virginia Code §19.2-56, law enforcement officials are prohibited from seeking, executing, or participating in executing a no-knock search warrant. To legally execute a search warrant at a place where someone lives, the police must do the following:

• They must be recognizable and identifiable as a law enforcement official.
• They must provide audible notice of their authority and purpose. The audible notice must be reasonably expected to be heard by the occupants of the place to be searched prior to the execution of the search warrant.
• They must provide a copy of the search warrant to the person to be searched or the owner of the place. If the owner of the site being searched is not present, a copy of the warrant must be provided to an occupant. If there is no one present in the structure, the search warrant should be left in a visible place.

Search warrants of homes should be executed between 9:00 am and 5:00 pm unless one of these conditions are met:

• The judge authorizes the execution of the search warrant at another time for good cause.
• The police officer entered and secured the home and remained there continuously.

What Happens if a Search Warrant Is Executed in Violation of This Law?

If a search warrant is executed in a manner that violates Virginia’s ban on no-knock search warrants, the evidence obtained cannot be used against you in court. You may be able to file a motion to suppress this evidence. If the suppressed evidence is vital to the prosecutor’s case, the charges against you may be dismissed or reduced to a much less serious offense through a plea bargain.

Did the police execute a search warrant at your home without first knocking? Have you been charged with a crime in Virginia? Our experienced criminal defense lawyers may be able to raise all your defenses to fight the charges you face so that you achieve the best possible outcome in your criminal case. To learn more about how we can assist you, call our Manassas office at 888-DUI-LWYR, or fill out our online form today to schedule your free initial consultation today.

Related Links: How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Attorney Defend You What You Need to Know Before Pleading Guilty

 

In Virginia, you must register as a sex offender on the Sex Offender Registry if you are convicted of a specified violent crime or a sex offense. You could be charged with another crime and face harsh penalties if you do not comply with this requirement.

Who Is Required to Register as a Sex Offender in Virginia?

Virginia Code §9.1-902 lists what crimes require registration on the Sex Offender Registry. They include:

• Rape or attempted rape
• Forcible sodomy
• Object sexual penetration
• Sexual battery
• Possession, production, or distribution of child pornography
• Murder
• Entering a dwelling with the intent to commit a felony

What Are the Penalties for Failing to Register as a Sex Offender?

You can face additional charges for failing to register with the Sex Offender Registry or providing false information. You could be charged with a misdemeanor or felony depending on whether this is your first violation and whether the crime you were convicted of committing was a nonviolent or violent offense. Punishments you may face include:

• Class 1 misdemeanor. If this is your first offense and was convicted of a nonviolent sex crime, you could be charged with a Class 1 misdemeanor. If convicted, you could be sentenced to up to 12 months in jail and a maximum fine of $2,500.
• Class 6 felony. You would be charged with a Class 6 felony if this is a second or subsequent violation and you are a nonviolent offender, or you were convicted of a violent sex offense or murder. The penalty could include a prison sentence of one to five years and a fine not to exceed $2,500. However, the judge or jury has the discretion to sentence you to up to 12 months in jail instead.
• Class 5 felony. If you are convicted of a violent sex offense or murder, and this is a subsequent violation, you could be charged with a Class 5 felony. The punishment could include one to ten years in prison and a fine of up to $2,500.

Have you been charged with failing to register as a sex offender? Are you facing other criminal charges? Our experienced criminal defense lawyers can mount an aggressive defense strategy to fight the charges you face. Call our Manassas office at 888-DUI-LWYR, or fill out our online form today to schedule your free initial consultation to learn more about how we can assist you.

Related Links: How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Attorney Defend You How to Register as a Sex Offender in Virginia

 

In Virginia, you have limited rights to withdraw a guilty plea. In addition, what you must establish to withdraw your plea is different if you try to do this before or after sentencing. You need the help of an experienced criminal defense lawyer to know whether withdrawing your plea is the best option. If it is the best option, a lawyer can help you convince the judge to allow you to withdraw your guilty plea.

Withdrawing a Guilty Plea Before Sentencing

It is not easy to withdraw a guilty plea in our state. Under Virginia Code §19.2-296, a defendant can file a motion to withdraw a guilty or no-contest plea before sentencing. However, they would need to convince a judge to grant their motion. Some of the reasons that could justify withdrawing a guilty plea include:

• They are acting in good faith and have a defense against the crime they are accused of committing.
• They pled guilty by mistake.
• They would be prejudiced if they were not allowed to withdraw their plea.

Withdrawing a Guilty Plea After Sentencing

It is even harder to withdraw a guilty plea after sentencing. Virginia Code §19.2-296 provides that a defendant must show that the plea withdrawal is necessary to correct a manifest injustice. Whether this can be established would be based on the facts and circumstances of the case. Examples of when manifest injustice may be established include:

• The defendant was not mentally competent to plead guilty.
• The defendant pled guilty because of threats made by the prosecutor.
• New evidence was discovered that helps prove the defendant’s innocence.
• The defendant’s lawyer engaged in misconduct or provided ineffective counsel.

Are you considering withdrawing your guilty plea? Are you facing criminal charges in Virginia? You need to retain a skilled criminal defense lawyer to explain your options to you and mount an aggressive defense strategy in your criminal case. To learn how our knowledgeable criminal defense legal team can help you, call our Manassas office at 888-DUI-LWYR, or fill out our online form today to schedule your free initial consultation.

Related Links: How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Attorney Defend You What it Means to Plead No Contest in Virginia

 

If you are charged with committing a crime in Virginia, you must enter a plea at one of your first court hearings. While you would most likely plead not guilty at first, you may change your plea later. Besides pleading guilty or not guilty, you can enter a no contest or an Alford plea. It is essential to understand what an Alford plea is and how it differs from a no contest plea to make the right decision in your criminal case.

How Does an Alford Plea Differ From a No Contest Plea?

You agree to accept the sentence the judge could impose by entering an Alford or no contest plea. However, an Alford plea is slightly different than a no contest plea. 

An Alford plea allows you to insist you are innocent on the record in court. Although the plea claims you are innocent, it also acknowledges that the prosecutor has enough evidence to convict you. 

This is not true if you plead no contest. If you plead no contest, you agree to accept the criminal punishment for the offense without admitting or denying that you committed any crime. 

What Are the Consequences of an Alford Plea?

When you enter an Alford plea, the judge would still treat your case as a conviction and sentence you. If you pled guilty, they could view this as accepting responsibility for your actions and give you a more lenient sentence. However, if you enter an Alford plea and maintain your innocence, the judge could give you a harsher punishment because you are not admitting guilt. 

Deciding what plea to enter is one of the most important decisions you will make in your criminal case. You need the help of an experienced criminal defense attorney to weigh your options. Call our Manassas office at 888-DUI-LWYR, or fill out our online form today to schedule your free initial consultation to learn how we will mount an aggressive defense for you to help you achieve the best outcome in your criminal case.

Related Links: What You Need to Know Before Pleading Guilty in a Criminal Case How Sentencing Guidelines Work in Criminal Cases in Virginia What to Do If You Are Falsely Accused of a Crime

 

Many people worry that hiring a criminal defense lawyer once they have been arrested or investigated by the police will make them look guilty, especially if they have been falsely accused of a crime. However, protecting your rights is much more important than worrying about what the police think about you.

Four Reasons Not to Worry About Whether You Appear Guilty by Retaining an Attorney

You will most likely have a better outcome in your criminal case if you hire a knowledgeable criminal defense lawyer as soon as you know you are a suspect. Here is why this is more important than worrying about whether this makes you look guilty:

• Police perception. Even if the police suggest you must be guilty if you hire a lawyer, this should not concern you. They already believe you are guilty if they consider you a suspect or have charged you with a criminal offense. 
• Your constitutional rights. You have a constitutional right to be represented by a lawyer if you are charged with a crime and should hire one immediately. By exercising this right, you will avoid making statements or other mistakes in your criminal case that the police could use against you to convict you.
• Your innocence. Even if you are innocent, you need a lawyer. Many innocent people are coerced into confessing or are convicted of crimes they did not commit. You are much more likely to achieve a favorable outcome in your criminal case if an attorney defends you.
• Protection of your rights. A lawyer will protect you against the tactics the police could use when interrogating you and identify any mistakes the police made in collecting evidence against you. They will also raise your defenses to fight the charges you face, explain what could happen in your criminal case, and negotiate a plea bargain if this is in your best interests.

Are you a suspect in a criminal investigation in Virginia? Have you been charged with committing a crime? Our experienced criminal defense lawyers are here to protect your rights and mount an aggressive defense strategy that could result in the charges being dismissed or reduced to a less severe office. To schedule your free initial consultation to learn more about how we can assist you, call our Manassas office at 888-DUI-LWYR, or fill out our online form today.

Related Links: What You Need to Know Before Pleading Guilty in a Criminal Case How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Criminal Defense Lawyer Defend You

 

In some criminal cases, a victim of an alleged crime may contact the police but then decides they do not want to pursue criminal prosecution of the person they accused of committing a crime. This is common in domestic assault and battery cases.

Unfortunately, the victim does not have the final say in whether the charges should be dropped or if the criminal case will be dismissed. It is up to the police and prosecutor to decide whether to continue arresting and prosecuting the individual.

How a Criminal Investigation Proceeds After the Victim Calls the Virginia Police

When a victim contacts the police, they will come to the scene and investigate. If the alleged crime just occurred, they may arrest the person right away. However, in many cases, the officer must conduct an investigation and obtain an arrest warrant first.

Even if the victim changes their mind about pressing charges against the person they accused of committing a crime, law enforcement could continue the criminal investigation. To have a warrant issued, they would need to establish probable cause that the accused committed a crime. Here are the types of evidence that can be used to establish this:

• Statements of the victim or witnesses
• Statements of the accused
• Physical evidence, such as a weapon or damage to physical property
• Blood samples or DNA
• Injuries to the victim

Why a Virginia Prosecutor May Prosecute When the Victim Wants to Drop the Charges

The prosecutor assigned to the criminal case would listen to the victim’s concerns in deciding whether to pursue prosecution. However, the ultimate decision on whether to prosecute or dismiss the case is up to the prosecutor.

In some cases, the prosecutor will decide to continue the criminal case—even if the victim refuses to cooperate. There are many reasons they would do this, including:

• They believe this would protect the victim.
• They believe that prosecuting the accused is a danger to the community.
• The accused has a prior criminal record.
• Charges against the individual have been dropped in the past.

What Should You Do If the Victim Does Not Want to Press Charges Against You?

If you were accused of a crime and the victim changed their mind about pressing charges, you need to retain an experienced criminal defense lawyer as soon as possible. Even if you are guilty, you may have strong defenses to the charges you face and may be able to show that the prosecution cannot meet their burden of proving that you committed a crime beyond a reasonable doubt. To find out how we can help you mount an aggressive defense strategy, start a live chat or fill out our online form to schedule a free initial consultation today.

Related Links: What You Need to Know Before Pleading Guilty in a Criminal Case How Sentencing Guidelines Work in Criminal Cases in Virginia How to Help Your Criminal Defense Lawyer Defend You

 

If you have been charged with a crime in Virginia, you will have a better outcome in your case if you are represented by a lawyer. This is true whether you are facing a misdemeanor offense, such as reckless driving, or a much more serious felony, such as murder or rape.

However, you may have to decide whether to use a public defender or retain a private attorney. Here are the reasons why you should choose to hire your own lawyer if you can afford to.

Pros and Cons of a Hiring a Public Defender

A public defender is a government employee appointed by the court to represent defendants who cannot afford to hire a lawyer to defend them. The benefit of having a public defender handle your case is that you would not have to pay them any attorney fees, which could be expensive.

Public defenders have experience handling many criminal cases, which would be another benefit to you. However, there are two drawbacks you need to consider:

• Large caseloads. Public defenders have large caseloads, meaning they would have less time to devote to defending you.
• Overworked. Public defenders are often underpaid and overworked. Given this and the large number of clients they represent, they may not raise all your defenses and would more likely recommend that you accept a plea bargain in your case—even if you have strong defenses.

Five Benefits of Hiring Your Own Criminal Defense Lawyer

If you can afford to retain your own attorney, it is in your best interests to do so. While it is true that it could be expensive to hire one, it is the best option given the harsh punishments and long-term consequences you could face if you are convicted. Here are five benefits of hiring an experienced criminal defense lawyer:

• Your choice. You will be able to choose the lawyer you believe has the knowledge and commitment to aggressively defend you. If you go with a public defender, the judge will appoint someone to represent you.
• More time. A private lawyer will have a smaller caseload than a public defender. They will be able to devote more time to building a strong defense strategy for you.
• More resources. Private lawyers have staff that will help them in your case. They will also have a network of expert witnesses, private investigators, and other resources to help your defense.
• Better communication. It may be much easier for you to communicate with a lawyer you hire when you have questions or need an update—rather than a public defender, who spends a large portion of their time in court.
• Better outcome. It is more likely that the charges against you would be dismissed or reduced to a much less serious offense if you hire your own lawyer because they will have more time and resources to devote to your case.

Have you been charged with reckless driving, DUI, or another criminal offense in Virginia? Call our Manassas office to schedule a free consultation with our skilled criminal defense legal team to learn how we can defend you and about our track record of defending other clients facing similar charges.

Related Links: How to Help Your Attorney Defend You Motions to Suppress Evidence in Criminal Cases What Does it Mean to Plead No Contest?

 

A capias warrant is a bench warrant for your arrest. The judge would issue a capias warrant if you failed to appear at a court hearing in a misdemeanor or felony case.

You face harsh consequences if a capias warrant is issued. However, you may be able to take proactive actions that will help you avoid the additional penalties of missing your scheduled court hearing.

What Penalties Could You Face for Failing to Appear?

It is a criminal offense to fail to attend a court hearing in a criminal case in Virginia. Your bond could be revoked and you may have to remain in jail until your criminal case is decided.

You could also be charged with a Class 1 misdemeanor under Virginia Code §19.2-128 if you failed to attend a hearing in a misdemeanor case, such as reckless driving, DUI, or hit and run accident. In addition to the punishments for the original crime you were arrested for committing, you could be sentenced to up to one year in jail and a $2,500 fine.

If you missed a hearing in a felony case, you could be charged with a Class 6 felony. The sentence could include one to five years in prison and a $2,500 fine.

What Steps Can You Take If You Missed Your Court Hearing?

You may be able to minimize the consequences you face if you failed to appear at a court hearing. Two important steps you should take include:

• Retain an attorney. If you have not already hired an experienced criminal defense lawyer, you should do so right away. An attorney can raise your defenses to the criminal charges you face and to the capias warrant that was issued against you. They will also have other strategies that may result in the capias warrant charges being dismissed.
• Go to court. If at all possible, you should go to the courthouse on the same day as your hearing if you realize that you missed it. The judge could withdraw the bench warrant if you go to the court and explain what happened. Your lawyer can advise if this would be an effective strategy in the court where your criminal case is being heard.

Have you been charged with a crime in Virginia? Did you miss your court hearing? Our knowledgeable criminal defense team is here to explain your options and aggressively defend you. To schedule your free consultation, fill out our convenient online form today.

Related Links: How to Help Your Attorney Defend You What to Expect at Your Arraignment What to Do If There is a Warrant for Your Arrest in Virginia

 

If you are charged with a misdemeanor or felony offense in Virginia, you will need to enter a plea to the crime you are accused of committing. You probably understand the difference between pleading guilty and not guilty.

However, you may not realize that you have the option of pleading no contest. This plea allows you to maintain your innocence while accepting criminal responsibility for your actions. In order to know whether this is the right decision for you, you need to understand how it may protect you and when this plea can be beneficial.

How Does a No Contest Plea Protect You?

A no contest plea is also referred to as nolo contender in Latin. When you enter this plea, you are not admitting or denying that you committed a crime. However, you are agreeing to accept a criminal sentence set by the judge.

In most states, a no contest plea cannot be introduced as evidence against a defendant to prove they are liable in a civil lawsuit filed by the victim of the alleged crime. However, this is not true in Virginia.

In our commonwealth, a no contest plea can be introduced as evidence in a civil lawsuit, but the plea is not considered a direct admission of liability. For example, if you injured someone in a car accident and were charged with reckless driving, your plea of no contest would not prove your liability to pay the victim. However, they could use the fact that you pled no contest to argue that you caused their injuries.

When Could Pleading No Contest Help You?

You should consult with an experienced criminal defense attorney before deciding to plead no contest. An attorney can explain all of the possible defenses to the crimes you are charged with committing and your options. Here are some benefits of this plea that you should consider:

• No trial. You avoid the stress, additional attorney fees, and uncertainty of a trial if you enter a no contest plea.
• Plea bargain. If you enter into a plea bargain with the prosecutor, you will have to change your initial not guilty plea when you ask the judge to approve the agreement. You may prefer to enter a no contest rather than a guilty plea so that you are not admitting guilt to committing the offense. You may be able to negotiate this as part of your plea agreement.
• Civil liability. You may want to plead no contest if you will be sued in a civil lawsuit. If you plead guilty, you are admitting you committed the crime, and this could be used against you as evidence of your liability to pay the victim. Pleading no contest may be a better option that gives you some protection in the civil case.

Have you been charged with a misdemeanor or felony in Virginia? Our knowledgeable criminal defense lawyers will mount an aggressive defense strategy to help you achieve the best possible outcome given your situation. To learn more about our track record of success and how we can assist you, start a live chat to schedule a free consultation today.

Related Links: How to Help Your Attorney Defend You What to Expect at Your Arraignment What to Do If There is a Warrant for Your Arrest in Virginia