Manassas Criminal Attorney

Criminal Defense FAQs

What Is a Felony?

A felony is the most serious charge one can be accused of. A felony is a crime punished by more than one (1) year [or twelve (12) months] in prison. Felonies are distinguished from misdemeanors and infractions by the punishment. In addition to the negative stigma of being a convicted felon, a felony conviction will also result in a loss of your right to vote, hold public office, possess a firearm, sit on a jury, and serve as a notary public.

Due to the severity of these types of offenses, felony convictions are often accompanied by long prison terms coupled with extensive probationary periods after your release from prison. A conviction will change your life forever! An experienced and zealous criminal attorney in Manassas can help you overcome these accusations.

What Is a Misdemeanor?

Less severe offenses are called misdemeanors. Misdemeanors are punished by lesser fines than felonies and by no more than 12 months in jail. Despite being less serious than a felony offense, misdemeanors are still as disruptive to your life. The mere presence of a criminal conviction on your record could cost you a job, security clearance, loss of financial aid, and much more. Not only do you need to stay out of jail, you need to protect your record. A former prosecutor turned criminal defense lawyer in Manassas can help you avoid all the negatives associated with a criminal conviction.

Do Cops Have to Read Miranda Rights?

Miranda Rights are read to an individual by police to inform them of their rights, including the right to remain silent, that a lawyer can be consulted, that a lawyer will be provided if they don’t have representation, and that what they say in an interrogation can be brought up in court.

Police are only required to read a person their Miranda rights if they are in custody and being interrogated. If a person is not in custody, then the warning does not need to be read. That’s why it’s best to consult with a Manassas criminal attorney before speaking with law enforcement.

What Is an Arraignment?

An arraignment occurs in court where an individual makes their plea following a reading of their criminal charges. According to Virginia statue §19.2-254, defendants can waive this process. 

What Does Pleading No Contest Mean?

A no-contest plea or “nolo contendere” plea means that the defendant does not admit or deny guilt of the crime they are being accused of, as would be the case in a guilty or not guilty plea. However, when entering this plea, the defendant is consenting to the punishment handed down by the judge.

Can You Withdraw a Guilty Plea After Sentencing?

In Virginia a guilty plea can only be withdrawn prior to sentencing. However, a judge can put aside the conviction for the individual to withdraw their plea if not doing so would be a clear injustice (§19.2-296).

Can Criminal Cases Be Appealed?

According to Virginia state code §17.1-406, a petition for an appeal can be made for a criminal conviction if certain grounds are met. For example, if the sentencing is different than what state law mandates, or if evidence was ignored during the trial or incorrectly admitted then an appeal may be able to be made.

What Is Probation?

Probation is when an individual completes their criminal sentence outside of prison. This may be part of a plea bargain. An individual can also be released early from prison, if eligibility is met, and placed on parole which typically includes a period of probation. However, some offenses may not be qualified for parole or probation. 

Additionally, certain legal requirements and conditions must be met when on probation or parole. If violated, the individual could potentially face a lengthened or intensified probation sentence, possible jail time, or even revocation of the probation.