• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Class 1 Misdemeanors in VA - please help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

legalquestion20

Guest
What is the name of your state? VA

I was served warrants for two class 1 misdemeanors in in VA:
18.2-96
18.2-178

I was released on my own recognizance and have a hearing date for March in General District Court.

What is the process that I should expect at the hearing? I read that it will be a judge--no jury.

I got into trouble for receiving stolen goods when I was a juvenile in CA. Can they find out about that?

What is the likelihood of me receiving probation or community service if this is my first offense in VA? I am a student with good grades,I have a full time job, and can get letters of rec. from my boss, pastor, teachers, etc.

How likely is that a request to expunge my record will be granted if I complete community service/restitution?

How bad is it to plead no contest?

Can I contact the court and request to see the evidence against me? Or do I need a lawyer to do that?

Is there a cutoff for income in requesting a court-appointed attorney?

Any help is greatly appreciated.
 


Son of Slam

Senior Member
legalquestion20 said:
What is the name of your state? VA

I was served warrants for two class 1 misdemeanors in in VA:
18.2-96
18.2-178

I was released on my own recognizance and have a hearing date for March in General District Court.

What is the process that I should expect at the hearing? I read that it will be a judge--no jury.

I got into trouble for receiving stolen goods when I was a juvenile in CA. Can they find out about that?

What is the likelihood of me receiving probation or community service if this is my first offense in VA? I am a student with good grades,I have a full time job, and can get letters of rec. from my boss, pastor, teachers, etc.

How likely is that a request to expunge my record will be granted if I complete community service/restitution?

How bad is it to plead no contest?

Can I contact the court and request to see the evidence against me? Or do I need a lawyer to do that?

Is there a cutoff for income in requesting a court-appointed attorney?

Any help is greatly appreciated.

***Seems you are on your way to being a habitual thief. The judge may take the charge in California into account and up those misdemeanors to felonies, to see if he and Bubba can help change your ways. If not this time, next time for sure.


"How bad is it to plead no contest?"

***Pleading "no contest" means you will except the punishment for the charge, but that fact cannot be held against you in court in other proceedings without further evidence.


"Can I contact the court and request to see the evidence against me? Or do I need a lawyer to do that?"

***You can obtain "discovery" yourself if you go before a judge and tell him you would like to defend yourself and he decides you are fit to do so. The DA must allow you, then, to see everything he will present in court against you.


"Is there a cutoff for income in requesting a court-appointed attorney?"

***Yes.
 
L

legalquestion20

Guest
Resolution

I wanted to share my experience with the courts and the resolution of my case.

Realizing I made too much money to qualify for a free attorney, I found one who would accept my case for a fixed fee. The guy was great, and practices in both VA and DC; does misdemenor, felony, and federal cases. His website is at:

http://www.lawyers.com/nicewiczlaw. I highly recommend him.

In preparation for my court case, I began seeing a psychologist. My psychologist, along with my employer, a professor, and an organization that I had done volunteer work for--wrote letters of recommendation on my behalf. I did not share with any of them the reason I needed these LORs. I took the LORs with my college transcript and letter from the dean congratulating me on my fine work in the past semeter, and gave them to my attorney.

One of the screwy things about Fairfax County is that your attorney can't see what evidence the state has against you until the day of the trial--not like what you see on TV. Then, your attorney gets the opportunity to talk to the officers involved as well as the Commonwealth's attorney. The Commonwealth will also subpoena witnesses to appear (they did show too).

On the day of my trial I went to the Fairfax County courthouse and met my attorney in the morning. The case was 'held over' which means that the judge won't hear the case, even though you are listed on the docket (your attorney will ask for this). The judge then hears the case when the Commonwealth's attorney requests it.

In Fairfax County, there are two alternate programs for first time misdemeanor offenders: the OAR Community Service Restitution Program (CSRP), for jirst time shoplifters; and the Prescriptive Sentencing Program (PSP), which I believe is for non-shoplifting offenses. In both programs, the charges are dismissed after you do community service and stay out of trouble in the mean time.

See: http://www.co.fairfax.va.us/courts/cjsdesc.htm for details.

My attorney met with the Commonwealth's attorney, presented my LORs and got the CA to agree to the PSP program, even though I didn't normally qualify (per my attorney, due to the fact that there was more than one charge). Also, normally, you have to go and interview for the programs, but I didn't, probably because of the information already on my letters (have job, ties to the community, etc.).

The Commonwealth's attoryney then presented the case to the judge. I pled guilty to the charges and the charges were continued for a period of four months for me to do my community service. The judge asked me if I realized I was getting quite a break and I replied, "Yes, sir". After that time period, I have to appear before the judge with proof that I did the community service. Then, the judge will dismiss the charges. The end result is that I will be able to say "NO" to the question, "Have you ever been convicted of a crime?".

However, since I was convicted (at least for now), I was processed by the Sheriff's office. This means that my fingerprints and my picture taken. These were entered into the NCIS National Crime database. So, every time I get pulled over by a cop, my information pops up--even after I get my charges dismissed...for the rest of my life (or when I turn 80). Plus, these public records are available for everyone to see forever, and may, in fact, show up in my credit report for the rest of my life.

Things to keep in mind:
1. Suit and tie for court.
2. Get LORs from employers, priest, psychologist, volunteer, etc.
3. Get an attorney. Now is not the time to be cheap and attempt to represent yourself. In fact, the Commonwealth's attorney will refuse to meet with you due to their policies. Borrow the money!
4. Pleding guilty/getting the charges dismissed---this record cannot be expunged. It will remain forever (unless the VA legislature changes the law regarding expungement).
5. "Yes, your honor" not "Yeah", as I heard some defendants say.
6. Take the whole day off for court. Court start at 9:30, but my case wasn't heard till near Noon, and I wasn't processed until 2:30 PM. Then, I went to the OAR PSP across the street to get an appt. (they recommend you do it the same day, as long as you are there).
7. OR, you can call the OAR or PSP program before your court date and request an appointment. They have a one month waiting list--that makes it a little hard to get your full hours in when you lose a month waiting... 703-246-3033 for both OAR PSP and OAR CSRP.
8. Get a PO Box for court mailings and receiving correspondence from your LORs and attorney to protect your privacy at your residence.

What important things did I learn?
1. Don't ever talk to the police.
2. See #1. They will only use what you say against you.
3. Whatever it is, it's not worth it. Trust me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top