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Frequently Asked Questions about

Virginia Criminal and Traffic Defense

NOTE: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

What are the major categories of offenses in Virginia?

Under Virginia law offenses can be: traffic infractions, misdemeanors, and felonies. Misdemeanors carry a range of punishments, ranging from fines as high as $2,500.00 to as long as 12 months in jail. Felony offenses carry penitentiary sentences ranging from 1 year to life, and some offenses carry fines much higher than those imposed in misdemeanor offenses.

What happens if I am charged with a crime?

SEEK THE ADVICE OF COUNSEL AT YOUR FIRST OPPORTUNITY.

What purpose is served by posting a bond?
After being charged with a crime it is often necessary to post a bond to be released from jail pending final disposition of your case.  Posting a bond assures the accused will appear in court, and that the accused party will be of good behavior prior to your court date.

What are Miranda warnings?

A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
 

Must a police officer always advise a person of their Miranda rights before asking a question?

No. The Miranda warning is only in effect during a "custodial interrogation." This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

If I am in custody, how do I assert my right to remain silent?

A suspect who has been arrested need only say " I want to speak with an attorney" or " I have nothing to say now." If the police continue to question the suspect, the police have violated the suspect’s 5^th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.
 

If I am not under arrest, do I have to answer a police officer’s questions?

No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

What are preliminary hearings and indictments?

Pursuant to Virginia Code § 19.2-218 no person who is arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is reasonable ground to believe that he committed the offense and no indictment shall be returned in a court of record against any such person prior to such hearing unless such hearing is waived in writing by the accused.