The Law Offices of Joseph T Brown PLC

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    • Traffic Offenses in Virginia
    • Your Rights During a Traffic Stop in Virginia
    • Avoiding a Traffic Stop in Virginia
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      • I Have A Reckless Driving Charge – What Now?
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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

Legal Rights in Virginia

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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

Your Rights During a Traffic Stop in Virginia

 

Once police activate their lights to signal someone over they are detaining that person and must be able to prove probable cause to do so. A person who has been pulled over does not have to challenge the reason for the stop to preserve the issue for Court. The officer will have to justify his reason for detaining you and that is his burden to prove in Court. It is better to put aside the issue of whether they had any right to pull you over and do not argue with the police about it. Arguing with them is something you want to avoid. Here are a few simple rules:

  • Go with the flow. Don’t allow the fact that you have been pulled over elicit a strong emotional reaction, be it fear, anger or something else. Realize that once you are detained by police they are in control of the situation. Be compliant, give them the documents (License, Registration, Proof of Insurance) they request and follow their instructions;
  • Be Polite;
  • Remember Your Rights;
    • Searches – you do not have to agree to be searched or to allow your car to be searched. If police ask you to let them search you, telling them no is your right and doing so can’t be used against you in the courtroom;
    • Incriminating Statements – No one has to give information that may incriminate them. A person does not have to plead the fifth amendment or make any formal invocation of fifth amendment right to not incriminate oneself. They can just refuse to answer questions;
    • Ask to consult with an attorney – Contact the Law Offices of Joseph T. Brown PLC for assistance, legal counsel and representation.

Filed Under: Traffic Tagged With: legal rights, traffic law, traffic stop, traffic violations, virginia

by Joseph Brown

Avoiding a Traffic Stop in Virginia

 

Police can pull over a car if there is a reasonable suspicion that a law is being broken or a crime committed. Minimizing your chances of being stopped by police require taking a common sense approach to avoid attracting attention to yourself. There are two areas – driving conduct and legal compliance of your vehicle, where a little effort can minimize your chances of being pulled over by police.

As far as driving conduct goes, police are going to be attracted to speeders, people running red lights or otherwise obviously breaking the law. You don’t want to be the person speeding at 90 mph on US 1 through a school zone and drinking a beer. This person is likely to attract unwanted attention to himself. Slow and careful driving, using turn signals and coming to complete stops for example, reduce the amount of attention that police will give you on the road.

The other way to minimize your chances of being pulled over is to ensure that your car is registered, insured and inspected with all of the required information correctly displayed. Do not alter your car such as lowering it or changing the exhaust system. Do not use illegal ground effect lighting or tinted windows, and keep the stereo down to a reasonable volume. It is illegal to drive with an obstructed view, so even something hanging from a rear view mirror could give probable cause to pull someone over.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

Filed Under: Traffic Tagged With: legal rights, traffic law, traffic stop, traffic violations, virginia

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.

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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.

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