If I am stopped by the police and they begin to ask me questions about a crime, what should I do?

What are Miranda warnings?

How is bond set for cases?

How do lawyers set fees?

What is the difference between a felony and a misdemeanor?

Should I plead guilty or not guilty?

How is punishment decided in felony cases?

Do all drug offenses in Virginia carry a mandatory driver’s license suspension?

Can I appeal a case from the district court if I am not satisfied with the outcome?

If I am stopped by the police and they begin to ask me questions about a crime, what should I do?
Always remember that you have the right to remain silent and not answer any questions. In some situations you may be required to identify yourself.
If a police officer begins reading your Miranda warnings (see the next FAQ), it is a serious situation. If you intentionally lie or mislead the police, you may be charged with additional offenses. You always have the right to remain silent. You have the right to call RICHMOND CRIMINAL LAW.

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What are Miranda warnings?
If you are in custody and the police want to ask you questions, you must be advised of your rights, as stated in the case Miranda v. Arizona. These warnings advise you that:

• You have the right to remain silent
• Any statement you make may be used against you
• You have the right to have a lawyer present when you are questioned
• If you cannot afford a lawyer, one will be appointed to represent you before questioning begins

If you waive your rights and speak with the police, your statement may be used as evidence against you.

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How is bond set for cases?
After a person is arrested, he is typically taken before a magistrate. In most cases, the magistrate will set a bond. If that amount is too high or if no bond is set, a hearing may be held before a judge and a request for bond may be made at that time. A decision made by a district court or juvenile court judge may be appealed to the Circuit Court.

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How do lawyers set fees?
I base my fee on the nature of the offense, the location in which the offense occurred, whether there has been serious injury to any party, and after a consideration of a person’s past criminal involvement. I do offer a free consultation for all cases.

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What is the difference between a felony and a misdemeanor?
A felony is a more serious offense permissible by a sentence of one year or more in a state correctional facility. A felony conviction also causes loss of civil rights such as voting and jury service.

A misdemeanor is a less serious offense punishable by a maximum sentence of 12 months in jail and/or a fine of not more than $2500.00.

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Should I plead guilty or not guilty?
This question can only be answered after a thorough discussion with your attorney and after your attorney has investigated the case. Decisions such as what plea to enter, whether to accept a plea bargain, and whether to have a jury trial, should only be made after you have a full understanding of your situation.

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How is punishment decided in felony cases?
If a felony case is heard by a judge without a jury, that same judge will also typically impose the sentence. A judge may impose a suspended sentence and a period of probation.

If a jury hears the case, the jury decides whether a person is guilty or not guilty. Should a person be found guilty, the same jury would determine the sentence. A jury may not issue a suspended sentence or place a person on probation.

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Do all drug offenses in Virginia carry a mandatory driver’s license suspension?
Yes. Every drug conviction, whether it involves a motor vehicle or not, imposes a mandatory six months loss of driving privileges.

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Can I appeal a case from the district court if I am not satisfied with the outcome?
You have an absolute right to appeal any case from the district court to the circuit court. At that time, you may have a judge or a jury hear the case. Talk to your lawyer about the best course of action for you.

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