What Does a Top Criminal Defense Attorney do for their Client in Richmond, Virginia?

As the saying goes, you are innocent until proven guilty.The U.S. Constitution gives important protections to people who have been accused of crimes.  These rights extend to all people, whether they are innocent or guilty. Whenever someone is charged with a criminal offense, it is important that they hire an experienced and knowledgeable criminal defense attorney. Having a defense attorney gives a person charged with a crime/s several benefits in their case.

A good criminal defense attorney uses a number of tools in order to protect and advocate for their clients. Ask to speak to an attorney before giving any detailed statement to law enforcement. Once you hire a top criminal defense attorney, they will first obtain discovery documentation from the Commonwealth Attorney so they evaluate the facts of the case and determine what the evidence against their client is and what the government can and cannot prove.

·       An  experienced criminal defense attorney can strategically prepare for a trial and determine what evidence and witnesses will best help their clients. The attorney will have the ability to negotiate on the defendant’s behalf with the Commonwealth Attorney.  In many cases, even when the client may be guilty, the best defense attorney can exploit weaknesses in the prosecution’s evidence and case, which can force the prosecutor to agree to a much better result in court than if the defendant simply appears on his own without an attorney. 

       

      If you've been charged with a criminal offense in Richmond, call the experienced defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

What's the Difference Between Grand Larceny and Petit Larceny?

In Virginia, various criminal offenses are often referred to by names that most people do not understand. The Commonwealth classifies its theft offenses as either grand larceny or petit larceny. The consequences for each offense vary significantly.

Grand larceny is the more serious offense of the two. It involves the larceny, or taking and carrying away, from another person, something of value $5 or more; stealing $200 or more in goods; or stealing a gun of any value. Anyone found guilty of grand larceny will face a felony conviction, which results in at least 1 year in prison and up to 20 years in prison, and/or a $2,500 fine.

Petit larceny is less serious than grand larceny, but still carries significant penalties. Petit larceny involves the taking and carrying away, from another person, something of value less than $5, or the taking and carrying away goods worth less than $200. A guilty finding of petit larceny is a class 1 misdemeanor. Penalties include imprisonment up to 1 year and/or a $2,500 fine.

Theft offenses always depend on the value of goods taken, and because there is a clear line that sets the difference between each offense, the consequences can often be quite ruthless. For example, someone that steals $199 in goods from a clothing store can face at most 1 year imprisonment and/or a fine, whereas someone that steals $200 in goods from a clothing store can face up to 20 years imprisonment and/or a fine.

If you have been charged with a theft offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure now for a free consultation: (703) 916-1227.

What is the Difference Between a Felony and Misdemeanor in Virginia?

In Virginia, like most states, criminal offenses are broken into two categories: felonies and misdemeanors. However, Virginia is a bit different in how they break down various felonies and misdemeanors. Virginia's criminal code uses a class system to distinguish between the penalties for various crimes.

A criminal offense that results in a felony conviction is more serious than an offense that results in a misdemeanor conviction. Virginia's felony system is broken into six different classes. A class 1 felony is the most serious type of crime and a class 6 felony is the least serious of the felony offenses. A class 1 felony can result in the death penalty or life imprisonment and a fine up to $100,000. A class 6 felony results in imprisonment for at least one year, but no more than five years, and a fine up to $2,500.

Virginia's misdemeanor system is broken into four classes, with a class 1 misdemeanor being the most serious. A class 1 misdemeanor will result in imprisonment up to 1 year and a fine up to $2,500. A class 2 misdemeanor will result in imprisonment up to 6 months and a fine up to $1,000. Class 3 and 4 misdemeanors do not result in jail time, and instead result in $500 and $250 fines, respectively.

If you've been charged with a crime in Virginia, call the experienced criminal defense attorneys at Portner & Shure for a free consultation: (703) 916-1227.

Can You get Criminal Charges Expunged in Virginia?

One of the most common questions we receive at Portner & Shure is whether someone can have their criminal charges expunged from their record. People are often very worried about criminal charges or serious traffic offenses appearing on a background check for work or school.

The laws in Virginia pertaining to expungement are largely the same as in most other states. You are entitled to have your charges expunged when any of the following occurs: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual's name used in error. If your charges fall into one of these categories, you are eligible to have your charges removed from the public databases and sealed. In other words, these charges would no longer appear on a background check.

If you fall into one of the categories above and are eligible for expungement, you ahve to fill out a form that can be found here (http://www.courts.state.va.us/forms/circuit/civil.html) and file it in court. There will be a filing fee. Once it is filed, a Judge will then review your case and grant or deny your expungement.

Unfortunately, if you are found guilty, you cannot have your conviction expunged.

If you have been charged with a crime or traffic offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.