Virginia Murder Assault Charge Lawyers Attorneys
The police have charged a 34-year-old man with murder on the day when the victim died from injuries sustained in an assault two weeks earlier. Cox, 34, faces charges for first- and second-degree murder, in addition to assault charges, after Adams, 34, died of his injuries at the hospital
It is very important to have the best criminal defense possible when facing a criminal charge.
The SRIS Law Group Virginia criminal defense attorneys can defend you against any type of criminal charge.
Our Virginia criminal defense lawyers have the experience to defend you against any type of criminal charge.
Contact a SRIS Law Group Virginia criminal defense lawyer in Virginia.
Virginia Felonies Fairfax Richmond Manassas Beach Lynchburg Fredericksburg
Virginia Felonies
Felonies are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a “gross” or “aggravated” misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects.
If a crime is a felony, additional criminal procedures apply. The right to a court-appointed attorney in cases where the defendant is too poor to afford to hire a lawyer is usually triggered if the charge is a felony, but not for less-serious crimes. Likewise, whether or not a criminal defendant must be present in court for various parts of the process may depend on whether he or she is charged with a felony. In some jurisdictions, felonies can only be charged upon a grand jury indictment, while lesser crimes can be charged by a written information. Criminal defendants and witnesses can have their testimony disregarded in some jurisdictions by showing a prior conviction for a felony but not for a lesser crime. Finally, many jurisdictions base their “three strikes” laws on felonies but not Misdemeanors. If the offender has been twice convicted of a felony, one more felony conviction will subject him to life in prison.
In addition to differences in procedural criminal law, the substantive law can be affected if a crime is designated a felony. Some statutes make an accidental death a murder if it occurs in the commission of a felony, but if it occurs in the commission of a lesser crime, it is only manslaughter. Burglary is defined at common law as breaking and entering a house for the purpose of committing a felony; if the purpose was not to commit a felony the crime cannot be charged as burglary. The crime of conspiracy may carry a harsher penalty if the offense is conspiracy to commit a felony rather than conspiracy to commit a misdemeanor. Justifiable homicide is sometimes described as a killing to prevent the commission of a felony, although more commonly it is limited to prevention of certain of the most serious felonies.
A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as being a lawyer or a teacher. Felons may be prohibited from owning guns or serving in the military. Some states have a “three strikes, you’re out” statute which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third felony.
Examples of some felonies are assault in the first degree or assault that causes serious bodily injury, all degrees of murder, rape or sexual abuse in the first degree, grand theft, kidnapping, embezzlement of large amounts of money, serious drug crimes, and racketeering.
Quiz: Do I Have The Right to an Attorney?
Anyone who has ever watched a police drama on television, or has gone to a police movie at the theaters, has heard the infamous line “you have the right to an attorney.” And in fact people suspected of a crime are often entitled to an attorney. However, that right does not always exist. The following quiz may help answer the question of when you are entitled to have an attorney present.
Q: Jake is stopped by the police while driving his car. The officer tells him that he is going to write him a speeding ticket and Jake says, “wait a minute! I want a lawyer!” Does he have a right to an attorney at that point?
A: No. Jake does not have a right to an attorney when he is receiving a speeding ticket. Speeding, while against the law, is considered a moving violation. Jake cannot request an attorney to defend him at this stage. Of course, he can protest the ticket and can pay to have an attorney represent him through that process if he wishes.
Q: Bonnie has been suspected of murdering her husband. She has been arrested and brought to the police station where she has been placed in an interrogation room and handcuffed to the table. The police have started to ask her a number of different questions about her whereabouts on the night of her husband’s death and have asked her if she in fact murdered him. Does she have the right to have an attorney present?
A: Bonnie has been arrested for murder, and she is in police custody and under questioning for the crime. She is in a situation where she is not free to leave, or walk out on the questioning. If she asks for an attorney, she must be allowed to contact one and the questioning must stop until her attorney is present.
Q: Lee is shopping in a grocery store when he is approached by the police. They start to ask him questions about whether he has just left the scene of a car accident in which another motorist was killed. Does Lee have the right to an attorney?
A: Not immediately. Lee, like Bonnie, is being questioned about a crime. However, he is not being confined. He can walk away from the police at any time and can refuse to answer any more questions. If the police place him under arrest, or if they place him in a confined situation, he may request an attorney to assist him.
Q: Miguel is brought in for questioning by the police about a string of robberies in his town. He asks to speak to an attorney, and is allowed to contact one. The attorney is present for the remainder of the questioning. After his attorney leaves, Miguel is placed in a holding cell where he waits for five hours. The police then bring him back into the interrogation room and start asking him more questions. Miguel asks for his attorney to return, and the police tell him, “sorry, you already had your chance with your attorney.” Is Miguel entitled to have his attorney present at this second questioning?
A: Yes. Miguel has a right to have his attorney present at any time that he is being questioned. It is not a “one-shot” deal as the police have told him. All people in police custody who are under suspicion of a crime are entitled to have an attorney present any time that they are being questioned by the police.
Q: Jim is traveling in a foreign country and has been arrested for using illegal drugs. Does he have the right to an attorney?
A: It depends on the laws of that country. In some foreign countries, criminal suspects, or those persons placed under arrest, have the right to an attorney much as they would in the United States. In other countries, they may not have that same right. Jim’s status as a U.S. citizen will not necessarily protect him. If possible, he should attempt to contact the U.S. Embassy or the U.S. Consular Officer for that country. While a Consular Officer cannot act as his attorney, he or she will be able to help him contact an attorney or his family in the United States.
Q: Al is a homeless man living on the streets of a large U.S. city. He is arrested one day for killing another homeless person. He has confessed to the crime and is being held in jail, because he cannot afford bail. He cannot afford an attorney, either. Is he entitled to one?
A: Yes. People have the right to an attorney, even if they cannot afford one. In this situation, the state will appoint a public defender to represent Al in his criminal trial. Even though Al has already confessed to the crime, he is still entitled to an attorney.
Q: Martina is a millionaire who has been arrested on suspicion of kidnapping her child, who normally lives with her ex-husband. The police have told her that the only attorney she may have is a public defender. Is Martina entitled to her own attorney?
A: Yes Martina can afford to pay for her own attorney, and she has requested her own attorney. In this type of situation, the police cannot force her to accept the services of the public defender.
Q: Justin has been arrested for making terroristic threats against the U.S. government. He wants to represent himself, but there is a valid concern that he is not sane. Does he have to have an attorney?
A: Justin can be allowed to represent himself. Attorneys or other legal assistants cannot be forced upon anyone. When defendants may not appreciate the charges that have been brought against them, or where they may not be able to adequately defend themselves due to their diminished mental or rational capacities, the court may appoint an attorney to act as their legal advisor.
FAQs
- Wouldn’t longer sentences mean less overall crime?
- Is there a way to punish a criminal before he actually commits the crime he is planning?
- Are all illegal drugs treated equally when it comes to punishing drug dealers?
- Can a person be guilty of drunk driving if he only had one drink?
- What is the role of the federal government in criminal law? Are grand jury proceedings secret?
- Are there special crimes to control children’s behavior?
Sentence length may or may not correlate with a decrease in crime. Criminal punishment has four basic goals: rehabilitate the offender; restrain the offender from committing further crimes; exact revenge against the offender; and deterring the offender and the general public from criminal behavior. It is unclear if longer sentences actually convince a particular offender not to commit another crime. Recidivism rates are high, thereby suggesting that the average offender does not “learn his lesson” in prison and refrain from further criminal activity. One thing that does correlate positively with a reduction in criminal activity is increasing age; people under age thirty-five years commit most crimes. Therefore, it could argued that sentences that keep offenders in prison until middle age will reduce overall crime rates.
In addition, more time in prison could allow for more complete rehabilitation because the offender could stay in treatment programs for a longer period of time. Batterers are more likely to change the controlling behavior that leads to domestic abuse if they participate in long-term intensive educational programs. Sex offenders may benefit from multi-level treatment plans spread out over a period of time. In prisons with educational programs, offenders who stay long enough may receive high school or college degrees, or learn a trade, which will equip them to lead a law-abiding life. However, some states do not provide adequate resources for these rehabilitation programs.
Longer sentences do not appear to deter the general public from criminal activity. Many times, it is the perception of the likelihood of getting caught that deters a person from criminal activity, not the length of the sentence. Many crimes are committed on impulse, and the threat of a lengthy sentence does not even enter the offender’s mind.
Finally, the cost of longer sentences in terms of tax dollars is very high. New prisons and jails must be built to accommodate all of the offenders who must be incarcerated under sentencing guidelines and mandatory minimum sentences.
In some circumstances a “crime” can be punished before it occurs. Many jurisdictions have either a general “attempt” crime or individual statutes that make attempted murder or attempted robbery or the like crime. The purpose of these statutes is to punish an individual who has shown himself to be dangerously inclined to commit a crime without waiting until the criminal act is actually completed. In order to convict a person for an attempted crime, the government must prove beyond a reasonable doubt that the person had the intent to do an act or bring about certain consequences that would amount to a crime, and that he took some step beyond mere preparation towards that goal.
Whether the offender has the intent necessary to be convicted of attempt depends on the mental state required by the underlying crime. If a person’s actual intention at the time he or she attacked the victim was to cause bodily harm, he or she cannot be convicted of attempted murder if the victim does not die. (However, he could be convicted of the actual crime of murder if the victim died, even if his intention was only to cause bodily harm.) Likewise, a person whose plan to steal fails, can be convicted of attempted theft, which requires the intention to deprive another of his property permanently, only if he or she had the same intention at the time the crime was attempted.
Like most crimes, attempt requires a “bad act” as well as a bad intention. Therefore, the government must prove the offender engaged in conduct that tended to affect the crime. The exact nature of the act needed to meet this “preparation” requirement varies from case to case, depending on individual facts. For example, a person who checked in at the ticket counter of an airport and sat in the waiting area with a gun in his pocket was convicted of the crime of attempting to board an airplane with a gun. A person who planned to rob a bank messenger and drove around looking for him on his regular route, but did not find him, was not guilty of attempted robbery.
The punishment for the crime of attempt can be the same as the punishment for the completed crime. However, most jurisdictions make some distinction and provide for a lesser punishment for attempt. For instance, some states provide that the punishment for attempted first-degree theft will be the same as the crime of second-degree theft. The Model Penal Code, which is a source of many states’ criminal statutes, generally requires the same punishment for attempt as the punishment for the underlying crime on the rationale that a person who attempts a crime has shown himself to be just as much in need of corrective sanctions as the one who actually completes a crime.
No, the punishment for drug crimes depends not only on the criminal conduct of the offender but also on the classification of the drug. Federal sentencing guidelines begin with forty-three base offense levels and add or subtract a few levels depending on certain specified criteria. The higher the offense level, the harsher the sentence.
The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. However if the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and listed on the same schedule of controlled substances. However, the quantities of crack needed to impose a certain sentence are much less than the quantity of powdered cocaine. A person convicted of the crime of delivering 5 grams of crack will receive a sentence in the federal system of five to forty years. To receive that same sentence, a person would have to be convicted of delivering 500 grams of powdered cocaine.
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person’s BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit.
In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person’s consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person’s driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person’s ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person’s consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
Ordinary crime has long been considered to be the concern of state government. States are authorized to protect their citizens from criminal activity by prosecution of common law and legislatively created crimes. The federal government, on the other hand, has a limited jurisdiction and must link any crimes it prosecutes to its powers under the Constitution. The most commonly used powers to support federal criminal legislation are the commerce power, the taxing power, and the postal power. While Congress has used these powers all along to define crimes, there has been an explosion of federally created crimes in the last half of the 20th century. Most of the laws controlling white-collar crime, like the RICO Act and the Victims and Witnesses Protection Act have been passed since 1950. In addition, Congress has become increasingly involved in the “war on drugs” with the creation of various drug statutes. Due to the severity of the penalties, many local prosecutors prefer to have drug charges prosecuted in federal court rather than file state charges. Most federal laws have as their rationale that the particular crime addressed needs a uniform response from the whole country or that it would be impossible to prosecute on a state-by-state basis. Federal gun laws provide uniformity, and federal computer laws make it possible to punish Internet crime.
The federal Constitution has always played a role in criminal law because it defines important individual rights that must be preserved even in a state prosecution of a state crime. The right to a trial by jury in open court, the right to cross-examine witnesses, the right to remain silent, the presumption of innocence, the right to be represented by a lawyer, and the right to be free of cruel or unusual punishment, are part of every state legal system in part because they are guaranteed by the Constitution. States are required to pay for attorneys for indigent offenders, and federal judges provide oversight to state prisons because of these constitutional requirements.
Most courts have rules that prohibit disclosure of grand jury proceedings. The rules typically apply to the government attorneys, the grand jury members, and the court personnel. Violators of the rules can be held in contempt of court if a case against them is proved. It is often times very difficult to do so because of the problems with proving the leaked information came out of the grand jury proceeding itself and identifying exactly who made the prohibited disclosure.
Another problem in keeping the proceedings secret arises because the prohibition against disclosure often does not apply to a person subpoenaed to appear before a grand jury. Witnesses are free to discuss their testimony with the media or with anyone else, unless the judge expressly orders them not to.
Persons who are the subject of a grand jury proceeding are not entitled to any notice regarding the scope of the investigation or the nature of the incidents under consideration. They are generally not allowed to have an attorney present with them in the grand jury room, but may be permitted to leave from time to time to consult with an attorney outside the grand jury room.
While there is a special court system to handle juvenile crime, there is usually not a special juvenile criminal code. Adult criminal codes are applied in the juvenile system, but the children are not generally accused of crimes. Instead, they are accused of committing delinquent acts. Sentences are designed to educate and rehabilitate children, rather than punish them. Children cannot be locked up in adult jails except for very limited periods of time. A child held in an adult jail must be out of sight and sound contact with the adult inmates.
In earlier days, special crimes that only applied to children did exist. These crimes were the so-called status offenses and punished behavior that would not be criminal if committed by an adult. Status offenses included running away from home, skipping school, disobeying parents, and breaking curfew. The federal Juvenile Justice and Delinquency Prevention Act made receipt of federal funds conditioned on eliminating status offenses, and most states have done so. However
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Understanding Parole After you have been arrested, if you are found guilty of a crime you may have to serve time in prison or another incarceration facility. Your sentence may be cut short if you are released on parole, or you may be placed on parole after serving your full sentence. But what is parole? When might it be granted? The following primer answers those questions, and many more. What is parole? Parole is, in essence, a conditional release from prison. In some cases, a prisoner may be released on parole only when they have served their full sentence. In other situations, a prisoner’s sentence may be cut short and they may receive an early release on parole. Parole allows a prisoner, or parolee, to leave prison and re-enter the community, subject to certain limitations and rules. Parolees who break any of the terms of parole can be sent back to prison for the remainder of their sentence or face other punishment. Who is responsible for overseeing prisoners on parole? The U.S. Parole Commission has jurisdiction over federal prisoners who are released on parole. For criminals serving time in state incarceration facilities, that particular state parole board has jurisdiction. How does parole differ from probation? Parole and probation are two totally separate things. Parole occurs when a prisoner is released from prison after having served either a portion or all of a sentence. Probation is an alternative to initial incarceration. Criminals who receive probation as a sentence will be able to remain members of their community, without seeing the inside of a jail or prison, so long as they follow rules set by the court. These rules may require them to seek counseling or treatment, participate in community education or perform community service. They will also be required to attend regular meetings with their parole officer. If they break any of these rules, their probation can be revoked, and they can be sent to prison. Is parole always an option? No. For some particularly serious crimes, prisoners may not be eligible for parole. The law of the state in which they are sentenced will dictate whether they may obtain parole for a certain crime. For example, some states do not allow for repeat offenders or first-degree murderers, among others, to receive parole. In other cases, a prisoner may receive the death sentence. There is no parole for death-sentenced prisoners. How do I get paroled? The specific steps that must be followed in order to obtain parole will vary from state to state. However, the process usually starts with a request or application for parole. In some states, prisoners are required to make the request themselves. In other states, a state parole board may investigate the possibility of parole after a set percentage of the sentence has been served. Once the request or application is made, a hearing will be held. Each state has detailed laws regarding how these hearings are to be conducted and what factors may be considered. Following the hearing, the parole board makes a decision as to whether the prisoner should be released on parole. What factors play a part in determining whether parole will be granted? Any number of factors will be considered by the parole board in determining whether a prisoner should be released on parole. These factors may include the prisoner’s age, mental status, education and training, employment opportunities, and remorse for having committed the offense. The parole board will also consider the prisoner’s behavior and attitude while in prison, participation in prison-education and prison-therapy programs, and the severity of the crime that was committed. Can a prisoner have more than one parole hearing? Yes. If a prisoner requests or is given a hearing but is denied parole he or she may try again, in the future, to obtain parole by going through the same process. Does a prisoner have to accept parole when it is granted? No. Parole will have many different conditions attached to it, usually put into place by the parole board and approved by the trial court that initially imposed the sentence. Prisoners must be told what all of the conditions of their release will be before being placed on parole. If they do not like the conditions, and do not want to abide by them, they are free to reject the offer of parole. How long does parole last? In most cases, the length of parole depends upon the crime that was committed and the behavior of the criminal. Typically, parole will not last longer than five years. However, parole can last for the rest of the prisoner’s life. What type of conditions might be imposed on parole? The conditions of parole that may be imposed are controlled by state law and also by the circumstances of the particular case. A parolee might be required to remain in a specific geographical area, or he or she might be required to obtain a job, receive treatment, or submit to counseling or periodic drug testing. Parolees are, almost without exception, prohibited from owning firearms. In all cases, a parolee will be required to meet with a parole officer. Usually, these meetings will be on a pre-determined schedule. In some cases, parolees might have to meet their parole officer once a week. In other situations, they may only have to meet with them once a month. The frequency of meetings with a parole officer depends upon the type of crime that was committed and the risk the parolee poses to the general health and safety of the community. What happens if the conditions of parole are violated? If the terms of parole are broken, the punishments may vary. A parolee who is late to a meeting with his or her parole officer, for example, may be given a verbal warning. If a more serious violation occurs, such as where the parolee fails a drug test, he or she may be sent back to prison. If a parolee commits a new crime while on parole, he or she may be sent back to prison and may also face trial (and a new sentence) for the new crime. How is a prisoner’s parole revoked? Just as the process of granting parole varies from state to state, the process of revoking parole is also controlled by the laws of the particular state in question. Usually, parolees are entitled to a hearing to determine whether they have the right to remain on parole or whether they should be sent back to prison. If the parolee does not like the outcome of the hearing, he or she is generally entitled to appeal the determination. |
Virginia Expungement Laws
VIRGINIA EXPUNGEMENT LAWYER
SEAL CRIMINAL ARRESTS
STATE AND FEDERAL COURTS
The Virginia expungement lawyers of SRIS, P.C. have an extensive amount of expertise inexpungement law. Our Virginia expungement law attorneys routinely go before the Circuit Courts of Virginia and petition the courts for expungments. If you wish to consult a SRIS, P.C. expungement lawyer, please simply contact us via email or phone. A Virginia expungement attorney of SRIS, P.C. will consult with you regarding your case and advise you about your options.
The Virginia expungment attorneys and offices of SRIS, P.C., are located in Fairfax, Manassas, Lynchburg, Richmond and Virginia Beach, Virginia, but our sphere of activity is statewide.
The following is some basic information about expungements:
1. What is an expungement?
Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Expungement differs from getting a record sealed, which some people confuse the two for. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get a hold of the record but is not completely erased like an expungement will do.
Now with the Internet able to give access to limitless amounts of information, expungement is being sought at a much greater frequency. People are contacting attorneys that specialize in expungement criminal law because of the growing paranoia that a tarnished record will affect their future. Employers have access to criminal records and it can influence the decisions made because of it and an expungement can help prevent an otherwise debatable situation.
In some instances, charges that were dismissed can still appear on record to show that the individual is under indictment and an expungement can help diminish any confusion about a situation. Although found to be innocent by the law, records can cause suspicion to law enforcement agencies, employers, and anyone else able to access the records if an expungement is not sought. Some states are changing their expungement laws in order to allow for some people to petition for the removal of records, though laws regarding expungement differ from state to state.
In any case, with services on the Internet that now allows a minimal charge to search criminal records, expungement has become almost an obsession for many people afraid of how their records will negatively influence their reputation. For more information on expungement, please contact us to confer with an expert SRIS, P.C. criminal lawyer in handling expungements.
2. Who is eligible to get records expunged?
A person charged and then acquitted, who had charges nolled, or granted an absolute pardon, may petition for expungement. A first-offender arrested for a misdemeanor may have records expunged. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification.
We have Virginia expungement attorneys and offices located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach, VA. Our Virginia expungement lawyers assist clients throught Virginia, including but not limited to:
Manassas City, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton, Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.
When you hire a SRIS, P.C. Virginia expungement lawyer, you receive personal attention and the expertise of a lawyer who has the backing of firm with a statewide presence throughout Virginia.
Our attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
§ 19.2-392.2.
3. What records may be expunged?
Under § 19.2-392.2, an eligible person may petition for expungement of police records and court records relating to the charge expunged. Also the division with control of DNA records shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction. § 19.2-310.7.
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Virginia Expungement Laws Fairfax Richmond Manassas Fredericksburg Lynchburg Beach
VIRGINIA EXPUNGEMENT LAWYER
SEAL CRIMINAL ARRESTS
STATE AND FEDERAL COURTS
The Virginia expungement lawyers of SRIS, P.C. have an extensive amount of expertise inexpungement law. Our Virginia expungement law attorneys routinely go before the Circuit Courts of Virginia and petition the courts for expungments. If you wish to consult a SRIS, P.C. expungement lawyer, please simply contact us via email or phone. A Virginia expungement attorney of SRIS, P.C. will consult with you regarding your case and advise you about your options.
The Virginia expungment attorneys and offices of SRIS, P.C., are located in Fairfax, Fredericksburg, Manassas, Lynchburg, Richmond and Virginia Beach, Virginia, but our sphere of activity is statewide.
The following is some basic information about expungements:
1. What is an expungement?
Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Expungement differs from getting a record sealed, which some people confuse the two for. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get a hold of the record but is not completely erased like an expungement will do.
Now with the Internet able to give access to limitless amounts of information, expungement is being sought at a much greater frequency. People are contacting attorneys that specialize in expungement criminal law because of the growing paranoia that a tarnished record will affect their future. Employers have access to criminal records and it can influence the decisions made because of it and an expungement can help prevent an otherwise debatable situation.
In some instances, charges that were dismissed can still appear on record to show that the individual is under indictment and an expungement can help diminish any confusion about a situation. Although found to be innocent by the law, records can cause suspicion to law enforcement agencies, employers, and anyone else able to access the records if an expungement is not sought. Some states are changing their expungement laws in order to allow for some people to petition for the removal of records, though laws regarding expungement differ from state to state.
In any case, with services on the Internet that now allows a minimal charge to search criminal records, expungement has become almost an obsession for many people afraid of how their records will negatively influence their reputation. For more information on expungement, please contact us to confer with an expert SRIS, P.C. criminal lawyer in handling expungements.
2. Who is eligible to get records expunged?
A person charged and then acquitted, who had charges nolled, or granted an absolute pardon, may petition for expungement. A first-offender arrested for a misdemeanor may have records expunged. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification.
We have Virginia expungement attorneys and offices located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond and Virginia Beach, VA. Our Virginia expungement lawyers assist clients throught Virginia, including but not limited to:
Manassas City, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton, Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.
When you hire a SRIS, P.C. Virginia expungement lawyer, you receive personal attention and the expertise of a lawyer who has the backing of firm with a statewide presence throughout Virginia.
Our attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
§ 19.2-392.2.
3. What records may be expunged?
Under § 19.2-392.2, an eligible person may petition for expungement of police records and court records relating to the charge expunged. Also the division with control of DNA records shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction. § 19.2-310.7.
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