Criminal Law FAQs
Absent Probable Cause, When is it Okay for an Officer to Search for Contraband at a Traffic Stop?
When an officer makes a traffic stop he/she may search the vehicle without probable cause if the driver gives consent to search. Without consent, the officer may search the driver’s person if the officer lawfully arrests the driver, such as for driving on a suspended license. That is far from a complete analysis, as there […]
Read More »
Tips and Reasonable Suspicion
A police officer may stop and briefly detain an individual if he or she has a “reasonable, articulable suspicion” that the individual is committing a crime. Such stops may be based on a citizen’s tip but generally only if there is some corroboration of the tip. For example, Al flags down an officer in his […]
Read More »
Plea Agreements
Whether or not to enter a plea agreement, that is, agree to admit guilt to a crime in exchange for a reduced charge or sentence, can be a difficult decision. One factor to consider is that plea agreements involve waivers of rights you would normally have in the criminal justice system. Absent such a plea […]
Read More »Need More Valuable, No-cost, Initial Information?
Contact the Law Office of William R. F. Conners, P.C. to learn how we can help if you or a loved one is facing a criminal charge including but not limited to:
Read More »Can I appeal my conviction?
You have a right to appeal the outcome of your case. If you were convicted in General District Court, your case may be appealed and tried “De Novo,” which essentially means all over again, in Circuit Court. You may request a trial by jury in Circuit Court. You must file the appeal within 10 calendar […]
Read More »If I am found guilty, what type of sentence will I receive?
The Code of Virginia provides for the maximum and minimum penalties applicable to offenses. In addition to the seriousness of the charges, the severity of the sentence may be depend on your past criminal history, attitude, history and other factors. Sentence possibilities are: Fine– You will be required to pay fines and court costs. Jail Sentence– […]
Read More »What are the potential outcomes of my trial?
Dismissal– the judge may find that there is inadequate evidence against you or that there are other grounds to dismiss the charges against you. The trial will not move forward and you will be free to go. Alternatively, the Commonwealth’s attorney (i.e., The prosecution) may decide not to prosecute, which is called Nolle Prosequi. Deferred prosecution– […]
Read More »Where and how will my case be tried?
If charged with a traffic infraction or misdemeanor, you will be tried in General District Court. Juries are not used in General District Court so your case will be heard only by a judge. If you appeal the judgment against you, the appeal will be tried in Circuit Court (see below for appeals information). Felony […]
Read More »What happens if I miss my court date?
If you have been assessed with a pre-payable fine, you may pay by mail to avoid court. Contact the court listed on your summons for the full amount owed and send your payment at least 5 days before your court date. (Note: by pre-paying the fine, you are admitting guilt.) You should consult with an attorney prior […]
Read More »What if I can’t afford an attorney?
If the charges against you are serious enough to result in a possible jail sentence, a judge may grant you a court appointed attorney, if your income is low enough. You will not be charged the attorney’s services unless you are found guilty. If you are found guilty, the cost of the attorney will be […]
Read More »Is it okay to represent myself at trial?
You have a right to represent yourself in court but it is not advisable. Most people do not have the knowledge and training needed to thoroughly protect their interests in court and the consequences of an improperly represented case can be severe. An attorney skilled in handling criminal matters will understand the “ins and outs” […]
Read More »What if I am not released and cannot make bail?
You will be taken before a judge for an arraignment. During this type of hearing, a judge will review the magistrate’s decision and may release you or lower the bond amount.
Read More »What is a magistrate?
Magistrates are state officials who can issue warrants for arrest based on factors such as citizen complaints and police observations. They can also make an initial decision regarding the release of an arrestee’s release while awaiting trial. People with a stable job, family or address may be released on a promise to appear. Other arrestees […]
Read More »I have received a summons. Should I sign it?
You should sign the summons. It is a document that lists the crime with which you have been charged, the date and time of the incident, and the date on which you must appear in court. Signing it does not indicate that you are guiltyonly that you have seen the summons and have been told […]
Read More »What is an arrest?
An arrest means you have been charged with a crime. You will get a summons to appear in court by the arresting police officer or you will be taken into custody and take you before a magistrate.
Read More »
How are fees for legal services assessed?
In divorce and Family Law matters, the Law Office of William R.F. Conners, P.C., charges by the hour. A nominal fee is required for initial consultations. Visa/MasterCard accepted.
Read More »