If you are facing criminal charges in Virginia, you need to talk to a lawyer about your case as soon as possible. Richmond criminal defense lawyer Margaret B. Davis represents people who need a DUI attorney or are facing prosecution in many types of cases, including reckless driving and other traffic offenses, driver’s license offenses, marijuana possession, larceny and property crimes, assault and battery, and probation violations. She also can help you seek to get your record expunged and your civil rights restored after a conviction, and she can assist you at a bond hearing in an effort to get you out of jail before your trial.
Attorney Davis can help you understand the charges that have been brought against you, and she will formulate a plan to minimize the impact of your current situation on your future. A criminal conviction may have long-lasting consequences that go far beyond jail time and fines, so it is important to hire an aggressive defense attorney if you are facing prosecution. This process often involves gathering and reviewing evidence, investigating the circumstances of your arrest, and being prepared to take your case to trial in front of a jury. If the State knows that you are ready to go to trial, a favorable plea bargain or other arrangement may be easier to obtain.What the State Must Prove in a Criminal Case
In a criminal case, the burden of proof is always on the State. Unless the prosecutor can make out every element of the crime with which you are charged, there may be no conviction. For instance, in order to secure a guilty verdict in a DUI case, the State must prove that the defendant was operating a motor vehicle while under the influence of alcohol or drugs. Each of these elements, including the “operation” of a vehicle, has a particular definition under Virginia law. There are also several presumptions that may shape these cases. For example, a driver is presumed to be intoxicated if they have a BAC (blood alcohol content) of 0.08 or greater, while they are presumed not to be intoxicated if they have a BAC of 0.05 or less. A BAC between these levels triggers no presumption. Other presumptions apply to drugged driving cases, based on the specific level of the controlled substance found in the driver’s system.
A defendant may have several possible defenses in a criminal case, depending upon the circumstances. There may have been some type of constitutional violation, such as an illegal search or seizure or a failure to apprise the defendant of their right to refrain from self-incrimination. Under the “fruit of the poisonous tree” doctrine, evidence that is obtained in violation of a suspect’s rights under the Constitution is usually inadmissible in a criminal trial. Margaret B. Davis uses her experience as a criminal defense attorney to help Richmond residents advance any procedural arguments that may be appropriate in their situation.
Certain cases also may give rise to substantive defenses, such as self-defense, entrapment, or duress. Additionally, the defendant may be able to avoid a conviction by negating an element of the State’s case. In a DUI case, for example, a defendant may be able to have their BAC results suppressed if proper procedures were not followed during the test. The Virginia Department of Forensic Science establishes the procedures that must be followed in obtaining a suspect’s breath or blood alcohol sample.Talk to a Knowledgeable Criminal Defense Lawyer in the Richmond Area
Being arrested does not make you a bad person. Our office firmly believes that everyone who becomes involved in the criminal justice system deserves quality legal representation, and we work hard to make sure that our clients have their voices heard. If you have questions about your case, Richmond criminal defense attorney Margaret B. Davis can help. Call or text (804) 354-8800 or contact us online to set up a confidential, free consultation. She can represent people who are searching for a drug possession lawyer or assistance in fighting charges of theft, assault, drunk driving, or other offenses. She also provides counsel to people in Midlothian, Chesterfield, Chester, Glen Allen, Tuckahoe, Petersburg, Mechanicsville, Ashland, Williamsburg, Colonial Heights, Bowling Green, Ruther Glen, Goochland, and Hopewell, as well as other areas of Henrico, Chesterfield, Caroline, Goochland, Hanover, James, Mathews, New Kent, and Petersburg Counties.