Types of Misdemeanors in Virginia
Generally, crimes are categorized as either misdemeanors or felonies in Virginia. Both misdemeanors and felonies have their own classes, which determine the crime’s severity and penalties. Misdemeanor crimes are separated into four classes, with class 1 misdemeanors being the most serious and class 4 being the least severe.
Class 1 Misdemeanors
If you have been charged with a criminal offense in the Fairfax County General District Court, your first court appearance may be your arraignment. An arraignment or “advisement” hearing is the court’s opportunity to explain your charge, ask if you understand the charge, explain your right to an attorney and schedule your next hearing. Your next hearing will be your Information on Attorney date or “IAD.”
Your arraignment is waivable, so long as you hire an attorney in advance. If you hire our Fairfax criminal lawyers before your arraignment date, we will submit the necessary documents with the court to remove your arraignment from the docket. Because the purpose of an arraignment is to advise the defendant, he or she will not need to attend it once an attorney is hired. It is the criminal lawyer’s job to advise his or her client, which is why the court waives the arraignment.
You are not required to hire an attorney prior to your arraignment. If you choose to attend your arraignment pro se (without a lawyer), the judge will give you a deadline for you to hire an attorney. This deadline is a scheduled hearing known as your Information on Attorney date. The IAD is waivable if an attorney is hired beforehand.
By Andrew Criado, Senior Attorney
The four most important words in criminal law: Beyond a Reasonable Doubt. What does that mean? It means that a person charged with a crime cannot be convicted and punished unless the prosecution can prove the defendant’s guilt in court beyond a reasonable doubt. The government’s evidence has to erase all reasonable doubt about the defendant’s guilt. What if, at the end of the prosecution’s case, there remains some doubt about whether the defendant committed the crime? Then the charge must be dismissed. What if the prosecution proves that the defendant probably committed the crime? Then the charge must be dismissed. In a criminal case, any conclusion other than proof beyond a reasonable doubt requires that the charge be dismissed—forever.
The government gets one shot at proving its case. This concept is important because it makes clear that a criminal case is about whether the government can prove the crime rather than whether the crime actually happened. There are many cases where the evidence shows that the defendant most likely committed the crime but the charge is nonetheless dismissed because the evidence does not meet the high burden of proof beyond a reasonable doubt.
A Miranda warning is designed to be a protection against self incrimination, that is, a protection from defendants being forced to make statements or give other information that will help the government convict them of a crime. The Miranda case says that where a person is in custody and being interrogated (asked questions) those circumstances are similar to a forced confession. For that reason, the police must first warn a person who is in custody and being questioned that they have the right to remain silent, that what they do say will be used against them in court, and that they have the right to a lawyer. Unless the warning is given, the statements made by the defendant cannot be used in court.
Why did I receive a Miranda warning? Simply, because the police hope that you will make statements they can use to convict you. It is never just to “get your side of things,” it is always to build a case against you. At the end of the warning, you may be asked if you understand you rights and are willing to waive them. The answer should be “no” 100% of the time until you can talk to a lawyer. Any statement you make, even if you declare your innocence, can be twisted and used against you.
But what if you were arrested and never received a Miranda warning? Does that mean the charges will be dropped? Not necessarily. First, any statements that are volunteered to the police don’t require a Miranda warning. In other words, if you tell them things without being asked a question, Miranda doesn’t apply because you aren’t being “interrogated.” This is true even if you have already said you are remaining silent and have asked for a lawyer.
Virginia Criminal Defense News