The Law Offices of Joseph T Brown PLC

  • Home
  • Contact Us
  • Helping You
  • Traffic
    • DUI
    • Virginia DUI Lawyer
      • Refusal in Virginia
      • Restricted License in Virginia
      • DUI Legal Defense in Virginia
      • DUI Penalties in Virginia
    • Traffic Offenses in Virginia
    • Your Rights During a Traffic Stop in Virginia
    • Avoiding a Traffic Stop in Virginia
    • Reckless Driving in Virginia
      • I Have A Reckless Driving Charge – What Now?
      • Speedometer Calibration for Reckless Driving and Speeding Cases
    • Hit & Run in Virginia
    • Eluding Police in Virginia
    • Driving on a Suspended License
  • Criminal
    • Criminal Defense Attorney
    • Punishment for Felonies and Misdemeanors in Virginia
    • Robbery in Virginia
    • Protective Order Violation in Virginia
    • Probation Violation in Virginia
    • Misdemeanor Process in Virginia
    • Legal Rights in Virginia
    • Larceny in Virginia
    • Firearms Charges in Virginia
    • Felony Process in Virginia
    • Drug Offenses in Virginia
    • Burglary in Virginia
    • Bond Hearing in Virginia
    • Assault and Battery in Virginia
  • Family
    • Family Law in Virginia
    • Divorce Cost in Virginia
    • Uncontested Divorce in Virginia
    • Virginia Divorce: Property Settlement
    • Divorce with Children in Virginia
    • Divorce Steps & Process in Virginia

by Joseph Brown

Criminal Defense Attorney

Criminal Defense Attorney in Fredericksburg, Virginia

When you have been charged with a crime you need a criminal defense attorney to protect your rights and to help you obtain the best outcome possible. A criminal conviction can lead to prison and fines. A conviction can affect the rest of your life.  Since the stakes are high, you need an attorney who has the ability and experience to provide quality representation. You deserve a trial attorney who knows how to fight for you in the courtroom. You also need someone who knows how to negotiate for you. Finally, you need a criminal defense lawyer who sees you as more than just a client. Someone who will advise and assist you through the process, and who will take care of your needs and address your concerns.

We Are Here to Help You

Since 2001 the Law Offices of Joseph T. Brown PLC has been providing the high quality legal representation that you need. We will do every thing possible to obtain the best outcome for you, and to minimize the impact of your criminal charge. If your case requires a battle in the courtroom, we have the skills and experience to fight for you. If you are better served by reaching an agreement, we will provide highly effective negotiation for you. We have helped thousands of people, and we are ready to help you. There is hope, even when the situation seems hopeless. The Law Offices of Joseph T. Brown PLC provides the representation that you deserve when everything is on the line.

Our office is located in Fredericksburg, Virginia. We represent people charged with all felony and misdemeanor offenses.  We usually provide legal services in Stafford, Spotsylvania, Caroline, King George, Prince William, Fairfax, Hanover and Louisa courts.

Call Today for a Free Consultation for Criminal Charges

We provide free consultations for anyone seeking a criminal defense attorney. Call today at 540-786-7700 and discuss your case with Mr. Brown. Since the law is rarely black and white, there might be defenses or options that you haven’t considered. Even if everyone is telling you that you are going to jail, we can give you a second opinion. All criminal consultations are free and completely confidential.

feature photo by Phil Roeder

Filed Under: Criminal Tagged With: arrest, burglary, court, criminal law, distribution, drug offenses, drugs, dui, felony, felony process, firearms, jail, larceny, legal rights, misdemeanor, possession, probation violation, reckless driving, robbery, trial

by Joseph Brown

Misdemeanor Process in Virginia

People may be charged with a misdemeanor offense by a summons to appear in court or by being arrested for a misdemeanor. If the person is arrested, then they will be brought before a magistrate to decide whether the person can be released on bail or has to go to the jail. If the person is held in the jail, then they will be brought before a judge, probably the following morning, for arraignment and to address the bond again. If they are still denied bond at that appearance, then they will have to have lawyer set bond hearing for them, or be held in the jail until the trial.

Arraignment for misdemeanors
At arraignment, the Judge will as whether the person intends to hire a lawyer or if they want a lawyer to be appointed to them. If the offense could cause a person to be incarcerated, and the person qualifies financially, then the Judge will appoint a lawyer to represent that person. If they do not qualify financially, then that person will have to find a lawyer on their own, and if they show up for trial without a lawyer, then they will be considered to have waived their right to an attorney. At the arraignment, the Judge will also set the date for trial.

Misdemeanor trials in Virginia
At the trial, the Commonwealth’s Attorney, or prosecutor, will put on their witnesses and present their evidence to the Judge. After the Commonwealth has finished with their evidence, the Defense can put on their evidence and testimony. The Commonwealth has the opportunity to put on additional evidence after that, called rebuttal testimony. After both sides are finished putting on evidence, then both sides can argue as to how the judge should decide the case. After the arguments are finished, the judge will rule as to whether the person is not guilty or guilty. If the person is found not guilty, then the process is over. If the person is found guilty, then the Judge will pronounce the sentence, sometimes after hearing more testimony and argument. Misdemeanors carry jail sentences of up to 12 months in jail, but in the jail while serving time for a misdemeanor a person will get one day of credit for each day they serve, so they will normally serve only one half of the time of the sentence.

Appeal of District Court Case
If a person is found guilty, they can also appeal the finding of guilt, and the sentencing, to the circuit court for a new trial with a different judge, which starts the process over again in the new court with no presumptions relating to the conviction in the lower court. A person an also ask for a jury trial on the appeal in the Circuit Court. Appealing a case sets aside the sentence so that does not have to be served, but the lower court judge may impose additional bond to secure that person’s release from the jail pending the appeal trial The time limit to appeal a District Court decision is 10 calendar days, including weekends and holidays. If the 10th day falls on a weekend or holiday, then the appeal can be filed through the next day that is not a weekend or holiday.

Filed Under: Criminal Tagged With: court, criminal law, misdemeanor, virginia

by Joseph Brown

Legal Rights in Virginia

fullsizeoutput_1d

Right to Remain Silent

No person has to make any statements to police or other agents of the government. This means that if police ask questions of a person, that person can not be forced to make statements that would incriminate him. If a person does make statements, then those statements can be used against them at trial. This right does not include any ability to make statements to police that are untrue or misleading. If a person decides to remain silent, then that fact can not be held against them at trial.

Right to have a lawyer present during questioning.
Every person has a right to legal counsel when they have been arrested (or otherwise held in custody) and are being questioned by police. If a person has been asked to answer questions and requests that a lawyer be present to assist him, then police have to stop the questioning and can only continue once a lawyer is present. The questioning can also continue if the person asks to continue talking to police after asking for an attorney. Police cannot request that a person answer questions after that person has asked for an attorney to assist them.

Right to refuse to be searched.
A person has the right to refuse a search by law enforcement of their person, vehicle or residence. Police may only search if they have probable cause, if they already have a search warrant, or if they person allows them to search. If police ask a person for permission to search, that means that police want to search but do not have either probable cause or a search warrant. If the person refuses to allow the search, and the police search anyway, then whatever was found by that search could be suppressed and not allowed to be used at trial against the person. If a person refuses to allow police to search, that refusal cannot be used against the person at trial.

Filed Under: Criminal, Slider Tagged With: arrest, court, criminal law, legal rights, virginia

by Joseph Brown

Larceny in Virginia

 

Grand Larceny – Va. Code 18.2-95 – Prohibits larceny from the person of another of $5.00 or more in value, or larceny of goods that have a value more than $200. This offense is punished as an unclassified Felony (up to 20 years and up to $2,500 fine).

Petit Larceny – Va. Code 18.2-96 – Prohibits larceny from the person of another in an amount less than $5.00, or larceny of goods that is worth less than $200. This offense is punished as a Class 1 Misdemeanor (up to 12 months in jail and up to $2,500 fine).

Filed Under: Criminal Tagged With: court, criminal law, larceny, trial, virginia

by Joseph Brown

Firearms Charges in Virginia

 

Possession or Transportation of Firearm by Convicted Felon – Va. Code 18.2-308.2 – Prohibits possession of firearms by any person who has been convicted of a felony is guilty of a Class 6 Felony (up to 5 years in prison and up to $2,500 fine);

  • If the person was convicted of a violent felony, then they must serve a mandatory minimum sentence of 5 years;
  • If the person was convicted of a non-violent felony within the past 10 years, then they must serve a mandatory minimum sentence of 2 years.
  • This statute also provides that a person who has been convicted of a felony can petition the Circuit Court to have his privilege to possess or transport a firearm restored.

Using Firearm during Felony in Virginia

  • Shooting in Commission of a Felony – Va. Code 18.2-53 – makes it unlawful and a separate charge for shooting a person during the commission of another felony. This charge is punishable as a Class 6 Felony (up to 5 years in prison, up to $2,500 fine).
  • Use or display firearm during a felony – Va. Code 18.2-53.1 Makes a separate offense if a person uses, attempts to use, or displays a firearm in a threatening manner during the commission of one of the felonies that are listed in the statute. These felonies include, but are not limited to, murder, rape, robbery, carjacking, burglary, malicious wounding and abduction.
  • Violation of this statute results in a mandatory prison sentence of three years for a first conviction, and five years for a second or subsequent conviction. This mandatory time is required to run consecutively to any other sentence;
  • The Commonwealth does not have to give notice in advance that they seek enhanced punishment under this code section;
  • The first and second convictions that would trigger the increased punishment can occur with multiple convictions in the same trial.

Illegal Possession of Firearm in Virginia

  • Possession of Firearm or Weapon on School Property – Va. Code 18.2-308.1 – Weapons other than firearms that are possessed on school grounds is punishable as a Class 1 Misdemeanor (Up to 12 months in jail and up to $2,500 fine);
  • Possessing a firearm on school grounds in VIrginia is punishable as a Class 6 Felony (up to 5 years in jail and up to $2,500 fine).
  • If a person uses, or displays a firearm in a threatening manner on school grounds, a five year mandatory sentence is required, to be served consecutively with any other sentence. Purchase or transportation of firearm by persons under protective order – Va. Code 18.2-308.1:4 – A person who transports or purchases a firearm while they are subject to a protective order is guilty of a Class 1 Misdemeanor (up to 12 months in jail and up to $2,500 fine).
  • Possession of firearms with drugs – Va. Code 18.2-308.4 – A person who possesses any Schedule I or Schedule II controlled substance while possessing a firearm is guilty of a Class 6 Felony( up to 5 years in prison and up to $2,500 fine);
  • If the firearm is possessed on the person, there is a 2 year mandatory minimum sentence;
  • If the weapon is displayed in a threatening manner or used while the person is also distributing, manufacturing or possession with intent to distribute, of any Schedule I or Schedule II controlled substance, then a mandatory minimum sentence of five years is imposed.

Filed Under: Criminal Tagged With: court, criminal law, firearms, illegal possession, virginia

  • 1
  • 2
  • 3
  • Next Page »

Give us a call to schedule a consultation

Call 540-786-7700 to schedule a consultation . We will schedule your consultation as soon as possible. Consultations for family law or civil matters are $200 for one half hour. Consultations for criminal matters are free. All consultations are completely confidential.

Your information will not be shared with third parties for any reason.

[grow-contact-form]

Call Us 540-786-7700

We Are Local


Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.

Copyright © 2025 · Executive Pro Theme on Genesis Framework · WordPress · Log in