Criminal Defense FAQs

1. What is the process for my misdemeanor traffic case?
2. What is the process generally for my criminal misdemeanor case?
3. When can a criminal bond be set if I am arrested?
4. What terms or criteria are considered by the Court at a bond hearing?
5. What is an agreed bond?

1. What is the process for my misdemeanor traffic case?

Most misdemeanor cases are either traffic cases (cases like speeding, reckless driving, DUI, hit & run) or criminal cases (cases like shoplifting, assault & battery, contributing, drunk in public).
Traffic Cases are tried in General District Court with a Judge and are prosecuted by the Commonwealth Attorney for the locality where the ticket was given. If convicted of a misdemeanor traffic case, the Judge can impose a fine of up to $2500 plus court costs and a possible jail sentence of up to 12 months in some cases. You are entitled to appeal any conviction from a traffic case to Circuit Court. Most often, the misdemeanor traffic appeals are heard on a designated day each month. The penalties that can be imposed by the Circuit Court are the same as those that can be imposed by the General District Court.
In cases where the Commonwealth may ask for you to serve a jail sentence, you are entitled to be represented by a lawyer if you can afford to hire one or the Court will appoint you an attorney if you qualify for a court appointed lawyer. The Judge will tell you this at your arraignment which is the formal statement to you of the charge(s) you are facing.

2. What is the process generally for my criminal misdemeanor case?

Criminal Cases also start in the General District Court and are heard by the Judge and are prosecuted by the Commonwealth Attorney for the locality where the charge was issued. Most criminal charges start with the issuance of a Summons or Warrant. A summons is usually issued for less serious cases and usually no bond issue is necessary. When a warrant is issued, usually a police officer will formally arrest the individual and take the person to the magistrate for a bond consideration. The individual will then be arraigned, usually within a few days, by a General District Court Judge.
In cases where the Commonwealth may ask for you to serve a jail sentence, you are entitled to be represented by a lawyer if you can afford to hire one or the Court will appoint you an attorney if you qualify for a court appointed lawyer. The Judge will tell you this at your arraignment which is the formal statement to you of the charge(s) you are facing.
Criminal misdemeanor charges carry a maximum of up to 12 months in jail and a $2500 fine, although such large fines are rarely ever imposed. The Commonwealth must prove that you are guilty beyond a reasonable doubt and you do not have to say anything at Court unless you want to. The Constitution guarantees you the right to remain silent and require the Commonwealth to prove that you are guilty.
If you are found guilty in General District Court, you can appeal the conviction within 10 days for the date of your conviction to the Circuit Court for a trial de novo (literally starting from scratch). Usually, a bond set by the General District Court will be sufficient on appeal to Circuit Court.

3. When can a criminal bond be set if I am arrested?

A bond is a guarantee that you will appear at later court hearings and remain of peace and good behavior. If you are arrested, a magistrate may set a bond until your court appearance. If charges are serious, you may be arrested and held without bond until you make a formal request to the Judge to set a bond. A bond hearing can usually be set within a few day after calling our office.

4. What terms or criteria are considered by the Court at a bond hearing?

The Judge wants to determine whether you are a "flight risk" and whether you are a danger to yourself or the community at large. Ordinarily, the Judge wants to be able to ensure that you will show up at all court hearings, trial, etc., and that you will not commit any new alleged crimes. We usually present evidence of where you live locally, what family members live nearby, what job you intend to work until trial, and what, if any, steps you can take to guarantee that you will not commit any new crimes. Some common terms of bond include pretrial services, intensive probation, remaining within the Commonwealth of Virginia and agreeing to random / regular drug screens during the time you are awaiting trial.
We can usually request and arrange for a bond hearing within a few days from the date you contact us to represent you.

5. What is an agreed bond?

We can often quickly discuss and negotiate terms and conditions of bond with the Commonwealth Attorney and enter an Agreed Bond Order which eliminates the need to go to Court and have a full hearing on the bond issue. We discuss acceptable terms, conditions and the amount of the bond with family members and then work to negotiate the most favorable terms with the Commonwealth. Often we can initiate and obtain an agreed bond order within the same day in appropriate cases.