I’m anxious about my first court date. What should I expect?

The first hearing date you have is very often an arraignment. It is where a judge asks if you understand the charges, if you are planning on hiring an attorney, and provides you with your next court date. If we are hired before the court date, we can often waive the appearance, which means that you do not need to attend. Waiving the appearance does not look bad to the judge or Court. In fact, it is helpful to the Court. You will not be asked to plead guilty or not guilty at the arraignment. It is just about procedure and scheduling. The hearing that follows the arraignment is often used to obtain information and evidence about your case. We call this a discovery hearing.  

Do I need to attend my court date?

Yes.  It is very important to never miss court.  Plan on attending unless told otherwise.  

Can my appearance be waived so I do not need to attend court? 

Waivers of appearance are uncommon, but can sometimes be put in place for certain motions or minor offenses.  We need to discuss it well in advance if it is an option in your case.  

I won’t be able to attend my current court date – can we change the date?

Possibly. A first-time continuance request is usually granted by the court, but the timing and procedures are different depending on the jurisdiction. We will file a continuance motion and receive a new court date at the motion date. Your attorney attends the motion for you – you do not need to attend.

What should I wear to court?

Business casual is fine – dress as though you’re attending a job interview. 

Will I have to talk to the judge at my court hearing?

You will stand in the front with your attorney when it comes time for your case but your attorney does most of the talking for you. If there is anything you need to say, we will discuss it in advance of appearing in court.

Do I need to contact my attorney once I’ve arrived at the courthouse?

It is helpful to send a brief text message to let us know you have arrived.

My arraignment and/or attorney review hearing have been waived – do I need to meet with before my discovery hearing in Fairfax?

While meetings are always welcomed if desired, meeting before the discovery is received is may not be very valuable.  What matters most in planning a defense is what evidence the other side has to present, because a defense responds directly to those allegations.  A defendant does not need to prove what happened, for good or bad.   The prosecution must prove a crime occurred.  That is why getting their evidence is a critical step in the case.  The purpose of your discovery hearing is for evidence gathering.  Your case will not have a final result at this hearing. It is often best to schedule a meeting with your attorney after your discovery date.  This way, your attorney will have the necessary information (video footage, police report, etc.) from the prosecutor, for a much more productive meeting. 

Am I allowed to bring my cell phone inside the Fairfax courthouse? Inside my courtroom?

Yes. You may bring your phone inside the courthouse and courtroom. Please put your phone on silent, but periodically check it in case we need to contact you.

How long will a morning hearing in Fairfax take?

Traffic and misdemeanor hearings in Fairfax are at 9:30 am. You should expect to be out of court by 12:00pm for discovery and by 2:00 pm for a trial.  These time frames can be faster or a bit longer, because the court controls the order it hears cases, and we cannot guarantee how many other cases will need to be resolved and the order in which it will happen.  

Do I need to arrive early to my morning court hearing in Fairfax?

No. Your case will not be called prior to 9:30 am.

Where do I park at the Fairfax courthouse?

There is a garage in the complex with public parking, and signs will direct you to the garage.

How do I locate my courtroom in Fairfax?

Once you go through security, walk past the escalators/elevators until you see monitors up on the wall. Locate your name and respective courtroom. Traffic, DWI and DUI cases in Fairfax are on either the 1st or 2nd floor of the courthouse.  Criminal cases will be on the second floor.  

My first court date is a month or longer from now, but I want to meet to discuss my case. Is this possible?

Yes.  It is important to talk about the plan before the court date, but the information gathering takes place over a long period of time.  Often, your first court date serves as an “information gathering” session between your attorney and the prosecutor.  After that information is received, there will not be a trial.  In fact, the hearing will be only a quick moment before the judge to set the next date, to allow time to review the evidence. 

Is it normal not to hear from my attorney in several weeks?

The evidence-collecting process is lengthy and typically requires many weeks. We begin working on your case as soon as we’re retained, but there are significant waiting periods in a case.  You will be notified as soon as we have updates. The speed and process for evidence collecting varies across each jurisdiction in Virginia and D.C.

What method of contact is best?

E-mails or phone calls are preferred over text messaging. Texts are good for short questions calling for short answers.  If your call is not answered, we kindly ask you to leave a voicemail which we will return as soon as possible.

Is it okay to post about my case on social media? Can I talk about my case with others?

Social media is one of the worst places to post private information.  It is best not to post any information regarding your case online. We also advise you not to speak with anyone about your case unless you run it by us first.

Someone I know was charged with _______ but their attorney had it amended to _______. Will this happen for me too?

Each case is different with its own set of facts. Your case cannot be compared to any other case.  There are a wide variety of possible outcomes in every case, but we focus on getting the best result given your unique circumstances.  

Is there a video of my arrest – will I get to watch it?

If it exists, then yes. Different departments have different equipment and rules regarding filming arrests and encounters.  Some officers have body cameras, some have dash cameras, and some have no video at all. With any evidence in your case, especially if there is a video in your case, we will obtain a copy and set up a meeting for you to meet before your trial date. 

I need “character letters” or “letters of recommendation.” What does this mean? How many letters do I need? When do I need to have them in?

Letters can be short but should introduce the writer, explain how they know you, talk about the positive aspects of your life they know about you, and then conclude with an offer to contact them for more information if desired. Please have the author address the letter “To Whom It May Concern.” There are no requirements around the number of letters or type of person who must write a letter, but more letters are better, and it is best to have them from those who know you from different walks of life: family, friends, co-workers, volunteers, teachers, and sponsors.  

Do I need community service hours? Does it matter where I complete these hours? How many hours do I need to complete?

Each case is different, and community service can be performed in different amounts, places, and ways for maximum impact.  We will develop an individualized plan with you.

Is there a difference between DWI and DUI? 

In Virginia state cases, not really.  They are different shorthand terms for the same statute: 18.2-266.  A DWI, Driving While Intoxicated, implies that the state has a chemical reading, like a breath or blood test, showing intoxication.  DUI, Driving Under the Influence, is a term commonly used when there is just a suspicion of impairment without a full chemical test.  

When I was arrested for DUI/DWI, the officer took my license. How/when will I get it back?

If you’re charged with a first offense, your driving privileges are revoked for 7 days from the date of your arrest. If you’re charged with a second offense, your driving privileges are revoked for 60 days or until your trial date (whichever comes first). If you’re charged with a third offense, your driving privileges are revoked until your trial date. If you’re unsure whether your license will be mailed to you or if you will be required to pick it up at the courthouse, you will need to contact the clerk’s office in the jurisdiction where you are charged.

I have heard about early enrollment in the VASAP classes – how do I do this? Can I take the classes online?

Different jurisdictions have different rules for pre-enrollment in VASAP.  For example, please visit: https://www.fairfaxcounty.gov/admin/asap.htm for information on the VASAP program in Fairfax. You will need to complete this program in person. Unless specifically told to do it ahead of time, you do not need to sign up before your case.

What are the penalties for a DUI/DWI in Virginia?

The Commonwealth of Virginia classifies a first DWI offense as a class 1 misdemeanor. If convicted, you may face some or all the following penalties:

-7 day administrative license suspension (license reinstated 7 days after your arrest date) upon being charged.  

If you are convicted:

-Court fines ranging from $250 to $2,500

-1 year license suspension (possibly eligible for a restricted license)

-Possible jail time 

-Must take an Alcohol Safety Action Program (ASAP) class

-Must use the Ignition interlock device to drive

-The conviction creates a Criminal record

-Possible court-ordered restitution if there was an accident

DWI, 2ND OFFENSE IN VIRGINIA

The Commonwealth of Virginia classifies a 2nd DWI offense as a class 1 misdemeanor.  This charge comes with a possible 60-day administrative license suspension (license reinstated 60 days after your arrest date).

If convicted, you may face some or all of the following penalties:

-Court fines ranging from $500 to $2,500

-A license revocation (possibly eligible for a restricted license)

-If within less than 5 years of the 1st offense, a mandatory jail sentence that could start at 20 days or more

-If within 10 years of the 1st offense, a mandatory minimum jail sentence that can start at a 10-day jail sentence

-Must take an Alcohol Safety Action Program (ASAP) class

-Must use the Ignition interlock device to drive

-Creates a Criminal record

-Possible court-ordered restitution if there was an accident

DWI, 3RD OFFENSE IN VIRGINIA

The Commonwealth of Virginia classifies a 3rd DWI offense as a class 6 FELONY. When charged, you might have an administrative license suspension until your trial date.

If convicted, you may face some or all the following penalties:

-Felony charge (the vehicle is subject to seizure and forfeiture)

-$1000 minimum fine

-Indefinite license revocation

-Up to five years in prison

-If within 5 years of 2nd offense, minimum 6-month jail sentence

-If within 10 years of 2nd offense, minimum 3-month jail sentence

-Must take an Alcohol Safety Action Program (ASAP)

-If driving is reinstated at a later date, use of an Ignition interlock device

-Criminal record

-Any court-ordered restitution

In addition to the penalties listed above, if your BAC is proven to be .15% or higher, you may be facing the following penalties:

BAC of .15% to .20%:

1st offense: additional mandatory, minimum 5-day jail sentence

2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 10-day jail sentence

BAC of more than .20%:

1st offense: additional mandatory, minimum 10-day jail sentence

2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 20-day jail sentence plus $500 fine

REFUSING A BREATH OR BLOOD TEST IN A VIRGINIA DUI

If you refuse to submit to a blood or breath test, you can be charged with the civil violation of Refusal as outlined in Virginia Code 18.2-268.3.

Refusal, 1st Offense in Virginia comes with a civil penalty of a 1-year license suspension (but, you are NOT eligible for a restricted license).

Refusal, 2nd Offense within 10 Years:

-Maximum court fine of $1,000

-Maximum 6-month jail sentence

-3 year license suspension (NOT eligible for a restricted license)

-Criminal violation (class 2 misdemeanor)

Refusal, 3rd Offense within 10 Years:

-Maximum court fine of $2,500

-Maximum 1-year jail sentence

-3 year license suspension (NOT eligible for a restricted license)

-Criminal violation (class 1 misdemeanor)