FREQUENTLY ASKED LEGAL DEFENSE QUESTIONS

FAQ

Criminal charges often raise immediate questions about court procedures, possible penalties, and what to do next. Explore answers to common criminal defense questions from individuals and families in Abingdon and throughout Southwest Virginia. Every case is different. Contact Felty Law Firm for guidance based on the specific facts, charges, and circumstances involved.

  • When should I contact a criminal defense lawyer?

    Contact a criminal defense lawyer as soon as you learn that you are under investigation, have been arrested, or have received a summons or court date. Early legal guidance can help you protect your rights, preserve relevant evidence, and avoid decisions that could complicate your case.

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  • What should I do after being arrested in Abingdon?

    Remain calm, avoid resisting, and do not discuss the allegations with law enforcement before speaking with an attorney. Confirm where you are being held, review any release conditions carefully, and contact a criminal defense lawyer as soon as possible.

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  • Should I answer questions from the police?

    You generally have the right to remain silent and request an attorney. Even statements intended to explain or clarify the situation may later be used as evidence, so it is wise to obtain legal advice before answering questions about an alleged offense.

  • Can Felty Law Firm help before criminal charges are filed?

    Yes. An attorney may be able to provide guidance while an investigation is still underway, communicate with investigators, help preserve evidence, and prepare for possible charges. Contacting counsel does not imply guilt; it is a step toward protecting your rights.

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  • What criminal cases does Felty Law Firm handle?

    Felty Law Firm represents clients in misdemeanor, felony, and federal criminal matters. Cases may involve DUI or DUID, drug offenses, violent crimes, firearm charges, sex-crime allegations, white-collar offenses, probation violations, traffic charges, appeals, and post-conviction matters.

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  • What is the difference between a misdemeanor and a felony in Virginia?

    A misdemeanor is generally less serious than a felony, but it may still carry jail time, fines, and lasting consequences. A felony can expose the accused to more severe penalties, including imprisonment and the loss of certain civil rights following a conviction.

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  • Can I go to jail for a misdemeanor in Virginia?

    Yes. Certain Virginia misdemeanors carry possible jail sentences in addition to fines and other consequences. The classification of the offense, the specific facts, and any prior record can affect the potential penalties.

  • What happens at the first court appearance?

    The court may address the charge, the right to counsel, bond or release conditions, and future court dates. The precise purpose of the appearance depends on how the case began, the level of the charge, and whether the accused remains in custody.

  • How does bond work in a Virginia criminal case?

    Bond determines whether an accused person may be released while the case is pending and under what conditions. Courts consider matters such as the alleged offense, risk of failing to appear, potential danger, criminal history, employment, residence, and community ties.

  • Can a denied or unaffordable bond be reconsidered?

    Possibly. Virginia law provides procedures for seeking review of a bond denial, an excessive bond, or unreasonable release conditions. A lawyer can assess the prior ruling and help present relevant information concerning housing, employment, family support, and community connections.

  • What is a preliminary hearing?

    A preliminary hearing is an early proceeding in certain felony cases initiated before indictment. The judge determines whether sufficient cause exists for the charge to proceed; the hearing is not a trial and does not determine guilt beyond a reasonable doubt.

  • Does an indictment mean I have been convicted?

    No. An indictment is a formal accusation that allows a criminal prosecution to proceed. It is not evidence of guilt and does not replace the prosecution’s obligation to prove the charge beyond a reasonable doubt at trial.

  • Can a felony charge be reduced to a misdemeanor?

    Sometimes, but a reduction is never automatic. The available options depend on the criminal statute, evidence, negotiations, procedural history, and circumstances of the case.

  • Can criminal charges be dismissed?

    Charges may be dismissed in some cases because of insufficient evidence, legal defects, unavailable witnesses, successful pretrial motions, or other circumstances. No attorney can guarantee a dismissal, and the available defense strategy depends on the facts of the individual case.

  • Does every criminal case go to trial?

    No. A case may be dismissed, amended, resolved through a plea agreement, or proceed to trial. An attorney can explain the available options and the risks and potential consequences associated with each one.

  • What is a plea agreement?

    A plea agreement is a negotiated resolution that may address the charge, sentencing recommendation, or other terms. Before accepting an agreement, the accused should understand what must be admitted, which rights will be waived, and what consequences may follow.

  • How does a criminal defense lawyer evaluate a case?

    A defense lawyer reviews the charging documents, required elements of the offense, police reports, witness statements, recordings, forensic evidence, searches, seizures, and statements attributed to the accused. The attorney then identifies factual disputes, legal issues, and potential defense strategies.

  • What evidence should I preserve for my defense?

    Preserve relevant messages, emails, photographs, videos, receipts, location information, documents, and witness contact information. Do not alter, delete, or post potentially relevant material; ask your attorney how to retain and provide it securely.

  • Should I discuss my criminal case on social media?

    No. Posts, comments, photographs, private messages, and deleted content may become relevant to an investigation or prosecution. Avoid discussing the allegations online or contacting witnesses without first speaking with your attorney.

  • What can happen after a Virginia DUI or DUID charge?

    A DUI or drug-impaired-driving case may involve criminal penalties, license restrictions, fines, required programs, and possible incarceration. The consequences depend on factors such as prior offenses, test results, alleged impairment, and whether an accident or injury occurred.

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  • Can a drug charge become a federal case?

    Yes. Drug allegations may be prosecuted in state or federal court depending on the conduct alleged, the quantity and type of substance, interstate activity, investigative agencies involved, and whether conspiracy or distribution is charged.

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  • What happens after an alleged probation violation?

    A probation violation may lead to a revocation hearing and possible changes to probation conditions, additional supervision, or the imposition of previously suspended time. The court will consider the alleged violation, supporting evidence, probation history, and other relevant circumstances.

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  • Can a Virginia criminal record be expunged or sealed?

    Some records may qualify for expungement or sealing, but eligibility depends on the charge, disposition, criminal history, timing, and applicable law. Expungement and record sealing are different remedies, and not every arrest or conviction qualifies.

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  • Do I qualify for a court-appointed attorney?

    Eligibility for court-appointed counsel depends on financial qualifications and the nature of the charge. The court determines eligibility under Virginia law; individuals may also choose to consult and retain private counsel.

  • Does Felty Law Firm handle both state and federal cases?

    Yes. Felty Law Firm represents clients in Virginia state courts and federal criminal matters, including cases in the U.S. District Court for the Western District of Virginia. Contact the firm with the exact charge, court, and next scheduled date so the matter can be evaluated promptly.

    Courts We Work In

Still have a question?

At Felty Law Firm, your legal concerns are our priority. Whether you're facing criminal charges or need guidance in other legal matters, our experienced team is ready to assist you. Don’t navigate the complexities of the law alone. Contact us today for a free consultation! Call, text, or use our website form to reach out. We’re committed to providing you with the authoritative legal representation you deserve. Your future is too important to leave to chance! Contact us today!