Few experiences are as frightening as having the police arrive at your home or office with a warrant for your arrest. In that moment, you are removed from the world you know and placed in an environment where it feels as though everyone else has control and understands the process while you do not. The most important step you could take is to exercise your right to call an attorney. With a Virginia criminal defense lawyer at your side, you could better understand what is happening and what to expect at each stage of the case. Just as importantly, you will have an advocate who knows the law and procedures as well as those prosecuting the case—someone who could protect your rights and help ensure that you are treated fairly.
At MichieHamlett, we represent clients throughout Virginia who have been arrested or contacted by law enforcement regarding serious felonies or white-collar offenses. If you are facing criminal charges, make your first call to MichieHamlett. A Virginia criminal defense lawyer from our team could position you for the strongest possible outcome in your case.
Crimes are defined in the law as misdemeanors or felonies, depending on how serious an offense they are considered to be. Felonies are generally punishable by a year or more in prison and fines of at least $1,000. In Virginia, felony offenses fall into six different classes. A Class 6 felony is punishable with up to five years in prison and fines as high as $2,500. Potential prison time and fines increase in each class, up to a Class 1 felony, which can be punished with life imprisonment and as much as a $100,000 fine. Class 1 felonies are also capital crimes, with the added possibility that the death penalty might be imposed. In most cases, a convicted felon will receive a prison sentence that may or may not come with a fine, but the person would not only be given a fine without any prison time.
The criminal defense attorneys at MichieHamlett defend people accused of serious felony offenses, including:
Being arrested and charged with a crime is only the start of the process, so don’t despair, and don’t enter a plea or give a statement to law enforcement until you have talked to an attorney. The prosecutors might not have the evidence to back up the charges they are seeking, and you might have defenses available that prove you didn’t commit the crime or no crime was committed. Our defense team will take a hard look at the evidence and craft a strategic defense on your behalf that might include any of the following:
There might be serious constitutional issues with the way a police stop, arrest, search or seizure was conducted. Where appropriate, we’ll work to have illegally obtained evidence excluded or suppressed, which can often lead to a dismissal of the case in court or a decision by the state not to prosecute.
The prosecutor has the discretion on what charges to file, and they might file more serious charges than the weight of the evidence can bear. Some crimes are “wobblers” that can be charged as either felonies or misdemeanors. Getting a felony reduced to a misdemeanor is often an excellent result.
Even if the state has a strong case against you, there may be reasons the government would rather accept a plea than go to trial. Obtaining probation or a treatment program instead of prison can be an excellent result when facing serious felony charges.
If your interests are best served by taking your case to trial, we’ll prepare and present a strong defense that challenges the prosecution’s case at every turn and puts forward all available defenses. Our goal at trial is a not guilty verdict or judgment of acquittal.
Many serious felonies are white-collar crimes. White-collar crimes are defined as offenses committed through fraud or deceit, rather than the use of force or the threat of force. Examples of white-collar crime include forgery, counterfeiting, embezzlement, public corruption, and all types of fraud, such as securities fraud, tax fraud, wire fraud, Medicare fraud, etc.
All crimes in Virginia or federal criminal law are defined by statute. When it comes to white-collar crimes, these offenses are often amazingly detailed and complex, where violation of the law depends on some highly technical violation that not everyone clearly understands. These facts can make white-collar crimes difficult to prosecute and difficult to defend as well. Law enforcement agencies often spend months building a case and put a lot of government resources behind their prosecution. Call our office as soon as you become aware of a possible criminal investigation. We can use this time to find out what is going on with the government’s case and start building a defense or intervene on your behalf with state or federal officers, even before charges ever get filed.
The federal government passed Title IX in 1972 as an amendment to the Civil Rights Act of 1964, expanding multiple civil rights protections to those participating in educational programs. The language states that no person shall be subjected to discrimination because of race, sex, religion, or many other protected characteristics. Colleges, universities, and any other educational programs that receive federal funds are bound to safeguard students by carrying out the terms and intentions of Title IX. Unfortunately, through their efforts, they frequently trounce upon the due process rights of others.
If you are facing allegations under Title IX, particularly accusations of sexual misconduct, it is critical to retain experienced legal counsel to defend your right to due process. Your future, or that of your child in college, depends upon taking quick action to protect your interests. Please contact the MichieHamlett Law Firm today to set up a consultation with an attorney. Some general information may help you understand the gravity of your circumstances.
Though Title IX was originally aimed at preventing a wide range of discrimination in the educational setting, college disciplinary actions often hinge on sexual misconduct. Assault, violence, harassment, and other acts on the basis of sex are views as so severe that they interfere with the affected student’s right to participate in educational programs.
As such, the institution is required to look into reports and punish those who violate Title IX protections. Administrators and other officials may:
However, in their overzealousness to protect the school’s interests in receiving federal financial support, officials often harm the rights of the accused student. He or she may face expulsion and criminal charges, which can trigger requirements to register as a sex offender. Plus, the emotional burden and interference with educational pursuits can have long-term consequences.
At the MichieHamlett Law Firm, we are dedicated to protecting your interests and civil rights. We will aggressively defend you or your child throughout the investigation and disciplinary process, with a focus on:
If you are under investigation or have been arrested and charged with a serious felony or white-collar offense in Virginia, contact us at MichieHamlett for immediate assistance. A Virginia criminal defense lawyer from our team could review your case and advise you on the next steps. Contact us today to schedule a confidential consultation.