Law Office of Ann Thayer, PLLC

When you are arrested or turn yourself in a Magistrate will decide whether to release you or detain you. If they are willing to release you a bond will be set and it will be a secured bond you have to pay or an unsecured bond/personal recognizance bond where you do not have to pay to be released. They can put you on pretrial supervision or impose other conditions as well. If you are detained you will appear in front of a judge on the next business day (usually by video) and the judge will ask what you are doing about an attorney, set a hearing date, and decide whether to grant bond. If a judge does not give bond that day then your attorney will need to file a bond motion to try to get you released.

This answer used to be pretty simple in Virginia. However, starting 7/1/2021 Virginia has new rules for expunging various cases including some cases where you were convicted or had your case deferred to be dismissed. This was never allowed before. If you have criminal cases where you got your case dismissed or were convicted or found not guilty or had the case nolle prosequi call me today so we can explore your options and whether you are eligible to automatic sealing or if you will need to file a petition and when you would be able to file it.

So, if you are under the age of 18 and have to go to court for a traffic or criminal offense, the court cannot hear your case without a parent or guardian present with you (unless you have been legally emancipated.) The court or officer will usually issue a notice to your parent so they are going to find out about your case. It is best to talk to them about it and then speak with an attorney who is experienced with juvenile defense to find out what to expect and what your options are when you go to court. Even if you or your parent decide not to hire an attorney you will at least have an idea on what to do when you go to court.

A protective order is a civil case in Virginia. Since it is civil and you are not facing any jail time (unless you are convicted of violating the protective order) you are NOT entitled to an attorney to represent you like you are when you face an offense that carries jail time. However, protective orders can impact your record because they are entered into VCIN and NCIC databases. It could affect immigration, employment, applications for apartments, etc. Also, if you appear on your own and the other side has an attorney or even if they do not, you are held to the same evidence rules, court rules, and laws that an attorney would be held to in that court. Even if you decide not to hire an attorney it is a good idea to get a consult with an attorney who handles protective orders so you can understand the process and what you need to do and how an attorney can help. Arm yourself with the tools and info you need before deciding whether you need to hire an attorney.

Reckless driving in Virginia is a class 1 Misdemeanor and it carries a penalty of up to 12 months in jail and a fine of up to $2,500.00. You can also lose your license or right to drive in Virginia for up to 6 months. As for whether you really will get jail. That depends on how fast you were going, how dangerous your driving was, your record, your statements and behavior, the county you are in, whether a Commonwealth Attorney is involved in working out a plea agreement, what Judge you have, and what the officer or other witnesses or complaining witnesses/victims have to say about what happened.

Yes, juveniles have as much right to an attorney as an adult does when they are charged. If your parents cannot or will not hire an attorney then the court can appoint an attorney to represent you.

Virginia decriminalized simple possession of marijuana on July 1, 2020. This did NOT apply to juveniles or those in commercial vehicles or those at the airport. On July 1, 2021, Virginia legislators are making it legal to possess under an ounce of marijuana if you are 21 years of age or older AND each household can grow up to 4 plants if they are tagged with name, license info, and a note saying it is being grown for personal use. This still does NOT apply to those with CDL or in an airport. Regardless of what the law change is in Virginia you still need to watch out for federal law violations and driving under the influence of marijuana or cannabis. Distribution is also not legal and will not be legal in July 2021 either. Virginia is still studying ways to legalize recreation sale of marijuana and who qualifies for a license to do so. We will keep you updated as the law changes. Until then the only legal way to possess marijuana is by prescription/

You can always call my office as I have an 24 hour answering service who will get me a text alert and an email notification so I can reach out to you as soon as I can. You can also email me or use the contact form or chat on my website.

Reckless Driving is a criminal class 1 misdemeanor in Virginia. Since it is a criminal offense and not just a traffic ticket your penalties could include a fine up to $2,500.00. jail time up to 12 months, and a loss of license or right to drive in Virginia for up to 6 months. Since it is a criminal charge you must appear in court and the clerk's office will not allow you to prepay the ticket.

If you were charged with a criminal offense and you were found not guilty at trial OR had your case dismissed without having to do anything such as community service, pay court costs, etc OR your case was nolle prosequi (latin term for prosecutor chose not proceed on your case) then you are probably eligible for expungement if this was the only thing on your record. If you have more than this on your record you should speak to an attorney as it can be a little more complicated as to what your chances at expungement are if you file a petition. If you were found guilty or had a deferred finding for dismissal or had to meet certain conditions to have your case dismissed you most likely are not eligible for expungement. You would need to obtain a copy of your court order and let an attorney see what is on the order to see if you qualify.

If you are arrested by an officer who does not advise you of your right to remain silent and you are questioned by the officer or you make statements then your attorney can try to suppress those statements when you go to court. If the officer has advised you of your right to remain silent and you continue to talk then those statements most likely will be used against you and are not likely to be suppressed. If you are questioned prior to being placed under arrested your attorney will need to investigate if you were in custody and if a suppression motion should be filed to suppress any statements you made.

If you have a traffic ticket you would have to speak with the officer or a commonwealth attorney if they are handling the case to see if the case can be dropped. If they will not drop it you have to plead not guilty and tell your side and ask the judge to drop it or if they fail to prove the case beyond a reasonable doubt then the judge can find you not guilty. If police are called to a home or store or bar and you are charged it is up to the officer, prosecutor, or victim depending on the type of case and circumstances. If it is a domestic violence case it will always be up to the prosecutor whether to proceed. They will speak with the complaining witness about what they want but ultimately the prosecutor decides. If there is no prosecutor involved in the case you can talk to the officer and/or victim in the case about dismissing it. Be aware that if there is a no contact condition on your bail bond or there is a civil protective order barring contact then you CANNOT contact victim.

If you got a speeding, traffic, or reckless driving ticket in Northern Virginia, call me for a free consultation. What you should do depends on what county the case is in, what the charge is, what your record is, immigration considerations, employment issues, and other factors. An experienced attorney can answer your questions and advise whether you need an attorney when you go to court and can usually direct you to some things you can do to give yourself a chance at a better result in court whether you hire an attorney or decide to go by yourself to court.

If you are the victim of an act of violence, force, or threat you can have the offender charged with a criminal offense and/or you can file for a civil protective order. Each county has their own process for how you can obtain a protective order. You can go to the magistrate who can issue an emergency protective order up to 72 hours or you can go to the clerk of court and file for a preliminary protective order which is good until the hearing date which is set within 15d days. The court websites have info on how to obtain one in the county where you live. With covid many counties are doing things over email and virtually right now. You also need to determine which court you should file in general district or juvenile and domestic relations district court. An attorney can help advise you with all these things so contact me today for a free consult to discuss your options. If you cannot afford an attorney you can reach out to legal services of northern virginia.

If you were served with a protective order you should contact an attorney immediately because protective order cases take priority on the court dockets and are set within 15 days. You also need to make sure you read the protective order as soon as you are served with it. Make sure you understand what it says and what actions or conduct are prohibited so you do not risk violating the order. Any violation of a protective order can lead to a criminal charge even if the protective order is dismissed down the road. If you were not served a copy of the written affidavit with the protective order you should go to the clerk' s office and obtain a copy or hire an attorney to obtain it so you can see what the allegations are against you so you can discuss them with an attorney. Finally, you should start gathering all evidence and witnesses you have to provide to your attorney to fight the case.

The Federal Court in Alexandria, Virginia does NOT allow phones. Fairfax County and Prince William County allow you to bring your phones into the courthouse. Just make sure that your ringers, alarms, and all alerts are turned off so it does not go off in court and do not use it in the courtroom or even have it out in the courtroom; only use it in the hallways. Loudoun, Arlington, and Alexandria courthouses do NOT allow you to bring your phones in and have lockers for you to store them in or you can leave them in the car or at home.

In some courts your first court date is your trial date where you can resolve your case that day. In many criminal cases throughout Northern Virginia your first court date is an arraignment or advisement hearing. This is a hearing where the Judge will inform you of your right to an attorney and ask if you want to hire one, waive your right to an attorney, or apply to have one appointed. The Judge will also set a new court date. Sometimes the Judge will set two dates so that next date is an attorney review date to make sure you have obtained an attorney and the second date is your trial date. Sometimes they do not set an attorney review date and they only set a trial date; if you show up without an attorney on that date you can be deemed to have waived your right to an attorney. Do not miss any of these dates unless your attorney advises you the local court policy allows the attorney to handle the case or you can have a capias (warrant) or a show cause issued for failure to appear

Anytime you schedule a free consultation with us it is always helpful if you can email or fax or text us the court documents in advance so we can take a look at what the nature of the case is and be better prepared to talk to you about the law, procedure, court process, facts, and evidence needed to help you in that type of case.

We accept cash, checks, cashier checks, money orders, and credit or debit cards (Visa, MasterCard, and Discovery only)

Fees vary. A fee quote is given to you after the initial free consultation so we can get an idea on the type of case we are dealing with and the work that will go into representing you. Usually, it is a flat rate so you will have no hidden fees or monthly invoices. The only exception to the flat rate is if is a case where you have not been charged yet or you want me to look into something in the case before hiring. Then I quote an hourly rate and collect that up front before getting started. If there are any costs outside of my retainer you will not be charged those fees unless you agree to hire an expert or court reporter, or pay for a transcript or pay to have a blood sample analyzed at an independent lab as these are typically the only situations where you would have additional fees. You also will be required to sign a retainer so we both have an understanding of the fee due and what you are hiring us to handle.

Anytime you need to go to court you should always consult with an attorney to get advice on whether you can handle the matter yourself or whether having an attorney to assist you would benefit you more at court. If you have a charge or civil petition that carries jail time, fines, loss of license, has an impact on firearm rights, immigration status, voting, etc then you should always have representation so someone is looking to protect your interests.

You can hire an attorney or represent yourself or on charges where you face jail time you can fill out financial paperwork to see if you qualify for the Court to appoint an attorney for you. If the court is waiving jail time or you cannot jail time on an offense then the court cannot appoint an attorney for you.

We offer a free consultation which are being done mostly over the phone or by video right now due to covid19. The initial consultation is free because we need to make sure that your case is one we can provide representation for and we also want to give you a chance to have your questions answered so you can figure out what your next steps are going forward in your case.