Questions for Defense Attorneys
At Taylor Law Company, we understand once you are accused of a crime, you will have many questions about your rights, potential outcomes, and the process involved with your case. Not knowing where to turn for accurate answers can be overwhelming. You do not have to wonder about these questions any longer because the dedicated lawyers at Taylor Law Company want to help you every step of the way. We have answered frequently asked questions with informative, detailed responses to provide some clarity to our potential clients. Whether you are facing weapon charges in Fairfax or drug possession charges in Fairfax, VA, Taylor Law Company is here to help you and your family.
If you still have unanswered questions or would like additional information about a particular legal topic, you can schedule a free, no-obligation consultation with one of our experienced attorneys. Give us a call at (703) 385-5529 to speak with a domestic violence attorney in Fairfax, VA, today.
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What will happen to my car insurance costs after a Virginia drunk driving conviction?
If you are convicted of drunk driving in Virginia, and your insurer knows that you have been convicted of drunk driving, you will likely see your car insurance rates rise dramatically when it comes time for your policy renewal. Once you have been convicted of a DUI, your insurer is likely going to view you as a risky person to insure.
Despite the cost, you cannot legally drive a car in Virginia if you are uninsured. Thus, it is important to take the potential insurance implications seriously. While there may be little that you can do to control the cost of your insurance after a DUI conviction, the potential financial burden (assuming that any insurance company will offer you insurance) is yet another reason why it is important to defend yourself after a Virginia drunk driving arrest.
An experienced Fairfax DUI lawyer not only considers the immediate impact of a conviction, but also the longer term impact on your life. Your Fairfax DUI attorney will look at all of the evidence in your case and advise you of your options. It may be too late for any options if you fail to contact a lawyer. Then, your case ends in a criminal conviction.
Drunk driving is a serious charge, and you deserve to mount a serious defense. For more information about your rights, we encourage you to contact our Fairfax drunk driving lawyers today at (703) 385-5529.
If I refuse to take a breathalyzer test in Virginia, will I be convicted of DUI?
Refusing to take a breathalyzer test is an important action with potentially serious consequences. When you applied for your Virginia driver’s license, you agreed to certain things. One of those things was to comply with the requests of a police officer if you are pulled over while driving. Thus, if a police officer requests that you take a breathalyzer test and you refuse, then you may be violating the law.
If you refuse to submit to a breathalyzer test in Virginia, you may be arrested. A police officer may decide to arrest you if you refuse to take the test at the scene of the accident or at the police station. The arrest and resulting criminal charges will be in addition to whatever charges you may, or may not, face for drunk driving.
Whether you have been arrested for refusing to take a breathalyzer test, or your breathalyzer test registered a blood alcohol content (BAC) of 0.08% or higher, you should contact a Fairfax DUI defense lawyer as soon as possible. Your refusal to take a breathalyzer test at a police officer’s request may carry a fine and/or license suspension, in addition to the fine or license suspension that you potentially face for your alleged drunk driving. An experienced Fairfax DUI defense attorney can help you understand your rights, protect your rights, and fight hard for the just resolution of your case.
For more information, please contact our Northern Virginia DUI defense law firm at (703) 385-5529.
Do I have to participate in a Virginia police lineup?
In Virginia, the police are permitted to put you in a lineup with several other people who resemble you to see if witnesses can identify the person who committed the crime. If you have been formally charged with the crime, however, you have the right to have a Fairfax criminal defense attorney present.
While you may be required to participate in a lineup, the police do have certain restrictions regarding the lineup. For example, they may not unfairly implicate one individual by lining up one person who fits the description with five others who are significantly different in appearance. Likewise, they may not point to one person in the lineup and ask the witness if that was the person who committed the crime.
Identification at a police lineup can be powerful evidence against you in court. Thus, it is important to have a Fairfax criminal defense lawyer with you at the time of the lineup. Not only can an experienced Virginia criminal defense attorney prevent unfair bias at the time of the lineup, but your lawyer can also witness the lineup and use any irregularities in your defense, as appropriate.
For more information about how to protect your rights in a police lineup, please contact an experienced lawyer at our Northern Virginia criminal defense law firm. We can be reached via this website or at (703) 385-5529. We would be pleased to provide you with a free, no obligation consultation.
When are my fines and costs due for my traffic ticket?
If you are charged with a traffic offense that you can prepay and you do not want to go to court, make sure you read the ticket or call the court to confirm the latest you can pay. Oftentimes, the clerks office puts a deadline (a couple days before the scheduled court date) on when they will accept payments. If you miss the deadline you will need to go to court. If you attend court for your traffic case then in some Judges require your fines and costs be due the same day. However the statute allows payment to be due within 30 days.
How long do I have to pay my fines and costs to the court?
By statute you can have up to 30 days to pay your fines and costs. You must ask the Judge for time to pay; the Judge can even give longer than the 30 days. It requires an extra fee but it allows you the time you need to take care of the fines and costs. If you cannot pay it by the date the Judge has ordered, you can go back to court and request more time to pay. However, if you do not pay on time then the court will relay this to Department of Motor Vehicles (DMV) and DMV will suspend your license. So if you need more time, make sure to have your attorney request time from the Judge. Whatever date the Judge gives you, pay on time so you do not lose your license.
What happens if I do not pay my fines and costs to the court on time?
If you fail to pay your fines and costs by the date the Judge orders then the clerk will relay the information to DMV. DMV will suspend your license which means you will not have a valid license. To reinstate your license, you will have to pay off your fines and costs to the court in full and then pay a reinstatement fee to DMV. If you have questions about this please call Taylor Law Company at 703 385 5529.
I cannot pay my fines and costs. Do I have any other options?
Many counties throughout Virginia offer community service in lieu of paying the fines and costs when you cannot afford them. If you know you cannot pay the fines and costs or that it will be a burden to you, community service may be your only option to help keep your finances in check. Ask the Judge if he will allow community service to pay the fines and costs.
How do I pick the right attorney for me?
When people ask me this question, I tell them that they need to go with the person who they feel is the best fit for them. You need to make sure you are comfortable discussing private or difficult issued that may arise in your case. You should be able to communicate effectively with the attorney as well as understand when they explain the process and information to you. If you cannot reach your attorney or they never return calls, that is not someone you want either. Finally, you should want someone who has experience with your type of case and in the jurisdiction where you are charged. At the end of the day you are relying on someone else to help get you the best result possible and you are putting your trust in that person. If you do not feel confident they are doing all they can for you, then that attorney may not be the best one for you and you should consult with some more attorneys.
My wife filed a protective order against me. What does a protective order prohibit me to do? Is it the same thing as a restraining order, and can I fight it?
The terms “injunction against abuse,” “criminal order of protection,” “restraining order,” and “protective order” are all terms used interchangeably; however, a protective order generally refers to family abuse and domestic assault and battery in Virginia. Whereas, a restraining order can be filed by anyone claiming another person is harassing them.
If you have a protective order against you, it most likely requires that you stay away from your spouse and not conduct the acts that were complained of and mentioned in the court order. Other things the protective order may prohibit you from doing include:
- No spousal contact of any kind, including phone calls
- Not being able to contact your spouse at work, home, or by accident
- Not being allowed back into your home
- Not being able to use your jointly owned vehicle
- Not being able to temporarily see your children
- Removal of any firearms from the home
An Order of Protection is a legal restraint that serves to protect the person who filed it. Some family abuse orders can include providing child support, maintaining the utilities for the home, attending counseling, and more.
If you have a temporary protective order in Virginia issued against you, you need to deal with it immediately by getting the help of an experienced Northern Virginia criminal defense attorney. This means that you need to make sure you are prepared to defend your side of the story by the hearing date.
A skilled defense attorney can help you prepare your testimony, present evidence to show that your spouse isn’t telling the truth, or investigate to determine what your best defense strategy may be in order to fight the charges. Talk with a Fairfax criminal defense lawyer at the Taylor Law Company at 888-209-6631 or 703-385-5529 for a free consultation today.
How can you apply the “why-what-how” model to your Virginia DUI defense?
In a recent blog post, we talked about how Virginia DUI defendants often get overwhelmed and confused about their “best path” forward, even when they leverage the help of powerful and experienced legal representatives.
One model for dealing with the chaos is known as the “why-what-how” model. In this paradigm, you spend time thinking through the “why” of your defense before you get into the nitty-gritty of the what and the how. The model makes intuitive sense: after all, if you don’t know the purpose of your activity, how can you know when that activity will be completed or how to go about achieving success?
On the other hand, we’re not really taught to make this model functional, so we tend to default to putting the “how” before the "why" or "what" because it’s just easier to do so.
Drilling Down to Understand the Real “Why” Behind Your First “Why”
Take a piece of paper or open a word-processing document, and write down in one sentence why you want to fight your Virginia DUI charges.
For instance, you might write something along the lines of “because I don’t want to go to jail.” That’s great. Now take some time to ask yourself why you don’t want to go to jail. For instance, you might write something along the lines of “because I have a wife and kids to support.” You can ask then yourself why is it important for you to support your wife and kids. You might say “because I'm a family man, and I have a strong need to provide for the people I love.”
Now that you have your “why,” you’re going to almost certainly find it easier to divine the “what” you need to accomplish. In other words, you now have standards for how to behave during your Virginia DUI defense. Your ultimate objective is to provide for your family, so all your decisions will be measured against that!
Developing a clear vision for what success can also be somewhat difficult. To get that answer, don’t try to “do it all at once.” Instead, spend some time envisioning the “best case scenario”—that is, if everything went your way, what would that look like? What would that feel like? What would happen when? And so forth. Really spend time focusing not on the negative, but on the positive: what do you want to create in the real world?
Going from the Why and What to the How
Once you have understood your reason for trying to defend against the DUI and the vision for what you hope to accomplish, the next step is to figure out the how. The team here at the Taylor Law Co. can help you develop a strategic and sensible road forward. Connect with us today by calling 888-209-6631 for immediate assistance.