Reckless Driving - A Big Deal

I'm sure many of you are aware of the reckless driving charge in Virginia.  Many of you, however, may not realize the significant impact a reckless driving conviction could have on your life.

To start, you could be charged and convicted of reckless driving based on speed alone.  That means even if you were doing everything else correctly, if you were speeding (over 20 mph over the speed limit or over 80 mph regardless of the posted speed limit), you can be convicted of reckless driving.

With a reckless driving conviction comes, among other things, a possible loss of license, possible jail time, possible thousands of dollars in fines and a misdemeanor conviction on your record.  These results can snowball, for instance, if you then decide to drive while not having your license, which will wind up in more charges and more of the above mentioned consequences.  Not to mention if you drive for your job, or have a commercial driver's license, those could be significantly impacted by a reckless driving conviction.

If you are charged with reckless driving, seek the advise of legal counsel prior to your court date to ensure the best possible outcome. 

When can you get an expungement?

I have come across many people who are very misguided on the use of an expungement.  An expungement is a legal tool to have any record of your arrest, trial, etc. removed from all files.  The result is that it basically looks like it never happened.

You were found not guilty, so why would you want an expungement?

Although being found not guilty is a great result, unfortunately, in today's society that is not enough.  Many Americans have forgotten the concept of "innocent until proven guilty" which means when they see you were arrested with a charge, even though you were found not guilty, people assume you did something wrong. 

How do you get an expungement?

There is a process to petition the court for the expungement of your records relating to a charge which was ultimately dismissed.  This process includes serving the Commonwealth Attorney (or other relevant party) and obtaining your fingerprints and records from the Virginia State Police.  The Commonwealth Attorney then has the opportunity to object to having your file expunged.

When is an expungement available?

The standard for an expungement is higher than just being found not guilty.  Expungements are typically reserved for those who are "innocent".  This is a higher standard than being found not guilty.  Obviously to obtain an expungement, you should never plead guilty to the crime as you are admitting you are not innocent.  Typically, if there is a finding of guilt or facts sufficient to prove guilt, you will be unable to obtain an expungement. 

Expungements are controlled by a complicated set of laws and if you are interested in obtaining an expungement, you should speak with an attorney first. 

Why you should consult with an attorney on even a minor charge - The trial

So you've prepared for the case to the best of your ability and you are nervously awaiting the date of your trial.  Do you know what to expect?  In general district court it can get pretty chaotic and intimidating.  Do you know how to address the judge?  Do you know what evidence you are allowed to present and when you present it?  How do you know when it's your turn to talk and when it's the prosecutor's time to talk?

An attorney is trained and knows all of these things.  Not only do you have better preparation having prepared with an attorney, the process will go much smoother having someone by your side to explain not only the law, but the process.

Your attorney knows the evidentiary rules and how to present evidence to a judge.  Aside from the actual trial, your attorney knows how to negotiate a plea with the prosecutor, if that the is best route to take, and what is an acceptable plea to take.

Just as importantly, after your trial, your attorney can interpret and explain to you the consequences of the result.  For example, your attorney can give you more details about what it means to be ordered to do community service or your requirements for probation.  This is key in ensuring you do not get in more trouble in the future.  

Why you should consult with an attorney on even a minor charge - Preparing the case

Now that we've talked about understanding the charge and possible collateral consequences, this post will discuss the process of preparing your case for trial and why consulting with an attorney could make a huge difference.  Picture yourself in this scenario: you have been charged with driving under the influence and decide it's no big deal, you can handle this without an attorney.  What would your next step be?

An attorney should always know what the next step is.  It may be that you interview and subpoena witnesses, it may be that you speak with the Commonwealth Attorney, etc.  The process of preparing the case is essential to the outcome of the case.  For example, let's say you have a friend who tells you he'll come to court and testify that you were never actually driving the car.  That sounds great, right?  Do you know how to ensure his presence at trial?  Or are you simply taking his word for it that he'll show up on your trial date? Do you know what questions you can ask that witness on the stand?  Do you know how to prepare that witness for the cross examination he will endure by the prosecution?

There is a lot that goes into preparing for a case even on a minor charge.  It may appear simple.  However, there are a lot of peculiar things that attorneys know and understand that will increase the chances of your success at trial.

Again, many attorneys will offer an initial consultation for a minimal fee.  No matter how small the charge, it is a good idea to consult with an attorney to determine how to best handle the case at hand. 

Why you should consult with an attorney on even a minor charge -Collateral Consequences

The consequences of a misdemeanor may seem very little and easy to understand.  The possibility of jail time, a fine, etc.  This post continues on why you should consult with an attorney on a misdemeanor charge (see previous post for introduction).

While the penalties set out for misdemeanors may appear to be straight forward, there may be hidden consequences that you are unaware of, which an attorney would be able to advise you on.  For example, if you are convicted of a DUI, any subsequent DUI may come with MANDATORY jail time.  If you are convicted of petit larceny, a subsequent larceny may be a FELONY.  Due to these collateral consequences, it is important you understand the full impact of a conviction before going to court.  An attorney will be aware of these collateral consequences and should advise you as to those consequences.

Further, you should think about the impact a conviction may have on your job, school, career or any future plans you had.  For example, many companies that require you to drive frequently or provide a company car, may be seriously deterred if they see you have been convicted of a DUI.

Consulting with an attorney prior to court will help you see the big picture of the charge you are facing, not just the short term effects of a conviction. 

Why you should consult with an attorney on even a minor charge - Understanding the charge

I have found that many people do not fully understand the benefits of simply consulting with an attorney.  This post is directed at people who have been charged with misdemeanors.  When you are charged with a misdemeanor, a few things could happen: first, you could be facing jail time and found to be indigent, in which case the court will likely appoint you an attorney; second, you could be facing jail time but the court has not found you indigent; third, you could be facing jail time but the Commonwealth Attorney waives any possibility of jail time; and finally, the charge may be so minor that there is no possibility of jail time.  The latter three scenarios means the court does not appoint you a lawyer and you have to decide whether or not you will proceed pro se (without an attorney) or retain an attorney on your own.

Consulting with an attorney does not mean you have to retain that lawyer to represent you.  It simply can mean you meet with an attorney to decide whether or not you are capable of representing yourself or whether you should be represented by an attorney.  The next few blog posts will discuss why it is important that you consult with an attorney regarding these charges.

DUI, DUI 2nd, Refusal, Trespass, Assault, Contributing to the delinquency of a minor, reckless driving, driving on a suspended license.  These are just a few of the misdemeanor charges in Virginia.  While they many appear straight forward based on the name of the charge, there are a ton of intricacies within these charges.  Attorneys are trained to know these intricacies and/or be able to research and understand these intricacies to ensure that the legal system is working properly.  It is important to understand each element of the charge, as well as each possible defense, to determine whether or not you are guilty of the charge.  The first step to defending your rights after being charged with a misdemeanor is to fully understand the charge.

Consulting with an attorney will not only help YOU understand the charge, but, if you decide to retain that attorney, will provide you with someone who fully understands the charge and all of its intricacies.