FAQs - Criminal Law

If a juvenile is charged with a criminal act that occurs off school grounds, is the public school notified of the petition by the Juvenile Court?
Yes, Virginia law requires the court intake unit of the Juvenile Court to notify the local school district when a juvenile has been charged with a certain designated serious felony charges, regardless of where the offense was committed. When the superintendent of the school district receives this report, depending on circumstances of the case, school administrators may exercise certain disciplinary actions including suspension or exclusion of the student pending the outcome of the court case.

If my criminal case is dismissed or nolle prossed (withdrawn) by the prosecutor, may I have the records expunged? Yes. If the charge has been dismissed or withdrawn by the prosecutor, (nolle prosequi), a person may petition the Circuit Court for expungement of the police records and the court records. Virginia law requires that the petitioner obtain a copy of his/her fingerprints from a law enforcement agency so that a criminal record check can be completed. If it is shown that the dissemination of the criminal record of the dismissal could cause the petitioner an injustice, the court will enter the order of expungement.

When a person is stopped for suspected DWI, are the police obligated to read Miranda rights and warnings to the suspect?
The legal obligation of the police to read the Miranda rights to a suspect in any criminal case is dependent upon whether or not the defendant is in custody. This usually means that the defendant is arrested. Miranda warnings are also required when, under the totality of the circumstances, the defendant is under the control of the police and the defendant is not otherwise free to leave. In a traffic stop by the police who are conducting an investigation of potential DWI there is no per se obligation to offer Miranda warnings. After arrest, police would be obligated to read Miranda warnings prior to asking the defendant any questions about the circumstances of the case.

What is a preliminary hearing in a felony case?
Under Virginia law, a person accused of a felony is entitled to a preliminary hearing in the General District Court to determine whether or not there is probable cause that a felony offense has been committed and that the defendant committed the offense. A preliminary hearing is an evidentiary hearing, and the judge is required to hear evidence offered by the prosecution and the defense. The burden of proof upon the prosecution is not a trial standard of beyond reasonable doubt, but rather whether or not there is probable cause by a preponderance of the evidence to show that the defendant committed the alleged offense. If the court finds probable cause, the case is remanded to the grand jury for a felony indictment against the defendant. A person accused of a felony may execute a waiver of the preliminary hearing but should consult with counsel before such waiver.

My teenage daughter is charged with possession of alcohol and has been told that she will have her driver's license suspended if convicted. Are there consequences for the driving records of her parents?
No. The DMV record for the parent is not affected in this situation. However, if the child is covered under the parent’s insurance policy, at the time of insurance renewal, insurance companies typically ask if one of the insured drivers has had his/her driver's license suspended or revoked. If the teenage child in this scenario has a suspended license, this may need to be reported at the time of insurance renewal. Such an impact usually has the result of increased insurance premiums. We typically advise teenagers who have any significant driving infraction to enroll in a driver safety program and to produce evidence of successful completion to the court at the time of his/her appearance before the judge. It will assist in the court disposition and often can be the basis for positive driving points for the teenager's DMV record.