Frequently Asked Questions
Click a practice area below for answers to some frequently asked questions.
Criminal law
What is a felony and a misdemeanor?
The state of Virginia categorizes these offenses based on the penalties they incur.
A felony is a crime that results in incarceration greater than one year and the payment of fines totalling $2,500 or more. Capital felonies can result in execution. A misdemeanor results in up to one year and the payment of fines up to $2,500. There are multiple classes of felonies and misdemeanors in the state of Virginia, each class with its own series of penalties.
What happens after I am charged?
In the state of Virginia, a defendant is presumed to be innocent. If you have been charged, you should seek legal counsel immediately to ensure that your rights are protected and best interests advocated. Prosecutors must prove you guilty beyond a reasonable doubt for a conviction.
Can an attorney guarantee the outcome in my case?
There is no surefire way to predict the outcome of a criminal trial. However, an experienced attorney can give you a pretty good idea of what to expect, what the possible outcomes are, and help you decide what course of action you want to take given your options.
Traffic law
What are some types of traffic violations an attorney can help with?
Virginia drivers who have been charged with driving with a revoked or suspended license, speeding, failure to yield or stop, hit and run, or reckless driving will benefit from having an experienced attorney advocate on their behalf.
How many points will a traffic conviction result in on my record?
It varies, but generally things fall somewhere between three and six points. Those can stay on your license anywhere from five to 11 years and will also usually affect your insurance rates.
DUI/DWI
What is the definition of DUI?
Virginia law states that it is unlawful for any person to drive or operate any motor vehicle with a BAC of .08% or more, or while under the influence of alcohol or any drug.
If I have been arrested, am I guilty?
No. An arrest is not a conviction—you have merely been charged. To give yourself the best opportunity to avoid a conviction or limit the penalties you suffer, call The Carter Law Firm, P.C. at (703) 836-2000.
What are the penalties for DUI or DWI?
In Virginia, a DUI is a Class 1 misdemeanor. Depending on the circumstances, penalties can include large fines, license suspension or revocation, and potentially even jail time. There are many factors involved in how a DUI/DWI case is resolved, and representation from an experienced attorney can help you ensure your rights are protected and your case is presented in the most favorable way to a judge.
