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Hampton Roads Traffic Offense Lawyer -
DUI Attorney Representation Q&A's

he law office of David McCormick & Associates has successfully represented clients throughout the Hampton Roads, Virginia region. With offices on the Southside (Norfolk - Virginia Beach) and the Virginia Peninsula (Newport News - Hampton), we make it convenient to talk to you about helping you with your case.

1. When do I need an attorney?

If you ever find yourself in the unfortunate position of being charged with a crime, you must remember that, if convicted, you will carry that conviction with you for the rest of your life. This is not the time to represent yourself in order to save money. Depending on the severity of the charge, you may either be able to just pay a fine (without a court appearance), or you may be at risk of receiving a jail sentence.

In Virginia, there are four classes of misdemeanors; the maximum sentence for each is specified below:

1. Class 1: 12 months in jail, $2,500.00 fine
2. Class 2: 6 months in jail, $1,000.00 fine
3. Class 3: $500 fine
4. Class 4: $250 fine

There are also six classes of felonies, the maximum sentence for each is specified below:

1. Class 1: death or life imprisonment and possibly, $100,000.00 fine.
2. Class 2: life imprisonment or 20 years in prison and possibly, $100,000.00 fine
3. Class 3: not less than 5, no more than 20 years in prison, and possibly, $100,000.00 fine
4. Class 4: not less than 2 years, no more than 10 years in prison, and possibly, $100,000.00 fine
5. Class 5: not less than 1 year, no more than 10 years in prison (this charge does carry the possibility of no more than 12 months in jail and no more than $2,500.00 fine)
6. Class 6: not less than 1 year, no more than 5 years in prison (this charge does carry the possibility of no more than 12 months in jail and no more than $2,500.00 fine)

Keep in mind that these are the maximum sentences. When possible, an attorney can help with creative sentencing alternatives, and can explain the options available. Not every conviction results in the maximum sentence available.

2. How do I know the results you will obtain for me? Can you guarantee results?

We do not guarantee results. There are too many variables in any particular case. After interviewing you to determine what happened, we must also speak with the arresting officer, the prosecuting attorney, and any witnesses. Once we have a clear picture of the evidence that will be presented in court, we will then be in a better position to let you know what to expect.

3. I’ve been convicted of a crime; can I appeal?

If you have been convicted of a crime, and your case was heard in General District Court, you have 10 days from the date of trial to appeal. Your appeal will be to the Circuit Court, and your case will be heard as if there never was a trial in General District Court. In other words, you get a new trial. You also have 30 days from the date of trial to ask for a rehearing of your case in General District Court. In most cases, an appeal is preferable to a rehearing. Keep in mind that asking for a rehearing is not the same as asking for an appeal. If you do not file an appeal in time, for whatever reason, you lose your right to appeal.

If you have been convicted in Circuit Court, you would file your appeal with the Court of Appeals. In this appeal, unlike the appeal from General District Court, you do not get a new trial. The Court of Appeals will not review any new evidence, but will instead rely on the evidence already presented in Circuit Court. This type of appeal is typically limited to review of legal errors.

4. I have been arrested and charged with a crime. What happens now?

That depends on the type of crime charged and the city in which the crime occurred. If the charge is a misdemeanor, the officer will typically write your court date on the ticket itself. In most cases, you appear in court on that date and are tried for the charge that day. In some cases, particularly in certain cities, your first court date may be an arraignment date, where the judge reads the charge(s) against you, determines if you would like an attorney to represent you, and if you are in jail, decides whether to release you on bond.

If you have been charged with a felony, you may be arrested and taken to the city jail. Shortly thereafter, you attend an arraignment, where the judge reads the charge(s) against you, determines whether you desire an attorney to represent you, and also determines whether to set a bond so you can be released. This hearing is followed by a determination hearing. At this hearing, you notify the court who your attorney is. The next hearing is the preliminary hearing. At this time the prosecuting attorney must prove to the court that there is sufficient evidence to take the case to trial. If the judge finds sufficient evidence to proceed, the case moves on to trial, and then to sentencing, if convicted. Sentencing can be the same day as the trial, or may be held sometime later.

5. Is there any way I can get the charge against me taken off my record?

As with most legal answers, it depends. Under Virginia law, the only way to get a charge “expunged” is if the charge was dismissed, you were found not guilty, or you were pardoned for the crime.

Your petition is filed in Circuit Court, and a copy is served with the Commonwealth Attorney’s office. If the crime charged was a misdemeanor, the burden is on the Commonwealth to prove, if possible, that the charge should not be expunged. If the Commonwealth does not object, or fails to prove that the charge should not be expunged, the judge will enter the order and the charge will be expunged. If the crime was a felony, the burden is on you, the petitioner, to prove that the charge should be expunged. If you prove that the charge should be expunged, the judge will likewise enter the order.