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Honest and Fair Representation From a Dedicated Criminal Defense Attorney

Frequently Asked Questions

Virginia Beach Criminal Defense Attorney Provides Answers

Have you been arrested for a crime? You deserve to be represented by a dedicated criminal defense attorney. When you work with my firm, you will be retaining the defense of a highly experienced attorney who has successfully handled thousands of criminal and traffic cases and assisted Virginia Beach residents in obtaining favorable outcomes. If you have a question regarding your legal situation after reading through some of the answers to the most commonly asked questions about criminal defense, do not hesitate to contact Thoman Law, PLLC as soon as possible.

  • Do I have to speak with an arresting officer? - No. In fact, you do not have to speak with any member of law enforcement until you have spoken with an attorney first. You are protected under the United States Constitution and do not have to speak to a police officer without first consulting legal counsel.
  • What are my rights? - When you are arrested, you should have been read your rights, also known as your Miranda rights. Your Miranda rights state that anything you say can and will be held against you in a court of law, and you have the right to remain silent if you so choose. You also have the right to an attorney and if you cannot afford one, one known as a public defender will be appointed to you.
  • Should I enter into a plea bargain? - In some situations, an attorney may decide that the best possible case outcome for you can be achieved by entering into a plea bargain. With a plea bargain, an attorney will determine the charges that were brought against you, consider the penalties you may be facing, and decide whether or not pleading no contest or not guilty would be the best legal course of action to take.
  • Will those go on my record? - Depending on the crime that you were charged with, if convicted, the crime may go on your permanent record. When a crime stays on your record, it will be available for potential employers, prospective landlords and even universities and lenders to see.
  • Will I go to jail? - One of the biggest concerns facing those who are criminally accused is the threat of spending time behind bars. Your situation is unique, and depending on the type of crime that you were charged with, you may spend time in jail or prison if you are found guilty. At the very least, you could spend a minimal amount of time in a holding area until you can either post bail or be released to await trial.
  • If I am charged with a DUI, will I lose my license? - Yes. In the state of Virginia, you will lose your license if you are found guilty of driving under the influence. Factors that the Department of Motor Vehicles will consider include the blood alcohol content that was found in your system, whether you are a repeat offender, and whether your arrest was the result of a serious accident.
  • Aren't only businessmen charged with white collar crimes? - No. Anyone can be charged with a white collar crime. White collar crimes are, by definition, financially motivated crimes. A plethora of offenses can be charged as white collar crimes, including tax fraud, internet crimes, mail fraud, embezzlement, and money laundering.
  • Is speeding a crime? - Technically, yes, traffic offenses can be considered crimes because you are breaking the law. While most of these are classified as infractions, you may be charged with a misdemeanor if, for example, you were grossly speeding over the posted speed limit.

What Is My Process like as a Lawyer?

  • I will sit down and discuss every aspect of your case with you from the investigation to the arrest in order to evaluate whether your rights were infringed upon in any way.

  • As a former prosecutor, I know exactly what to look for in the prosecution's case that may be considered a weakness and then I attack it.

  • I truly believe in providing only the highest quality representation to my clients by ensuring that they receive a fair trial.

  • I am not afraid to aggressively challenge evidence and police reports.

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