Criminal Defense
The area of criminal defense includes pre-arrest investigation, grand jury investigations, bond, negotiation, trial litigation and appeal. It encompasses both federal and state offenses and ranges from DUI to homicide and from drug and gun offenses to federal fraud crimes. It is our goal to protect the individual rights guaranteed by the Constitutions of the United States and the Commonwealth of Virginia.
- Federal Fraud Charges (Mail, Wire, Bank)
- Federal Benefit Fraud
- Health Care Fraud
- Tax Offenses
- Capital Murder/Death Penalty
- Other Murder and Manslaughter
- Drug and Gun Offenses
- Sexual Assault
- Theft and Fraud
- DUI, DWI, and DUID
- Misdemeanors
- Traffic Infractions
Civil Litigation
The area of civil litigation includes lawsuits between two or more persons or businesses that usually involve some alleged personal or financial harm, such as a personal injury, breach of contract, or property damage. These would include but not be limited to:
- Employment Disputes
- Personal Injury
- Business Disputes
- Covenants not to Compete
- Contract Disputes
- Auto, Truck and Motorcycle Accidents
- Business Fraud
- Injunctions
Appeals
Once a case in concluded there may be an opportunity to seek an appeal in a higher (or appellate) Court. The process is different in Virginia and Federal Courts. In Virginia courts, there usually is no automatic right of appeal. In the case of a criminal conviction, the defendant may request the right of an appeal to the Court of Appeals of Virginia. This process is called a Petition for Appeal. If that petition is granted, then the defendant will have the right to appeal his conviction to the Court of Appeals of Virginia. That Court may either affirm or reverse the conviction. If the Court of Appeals of Virginia either does not grant the Petition for Appeal or affirms the conviction, then the defendant may request the right to appeal the case to the Supreme Court of Virginia. Again, this process is called a Petition for Appeal and if the petition is granted by the Supreme Court of Virginia, then the defendant will have the right to appeal his conviction to the Supreme Court of Virginia and ask the Court to reverse the conviction.
There also is usually no automatic right to appeal a civil case in Virginia. If an individual loses in the trial court, then he has the right to request a right of appeal to the Supreme Court of Virginia in a Petition for Appeal. If that petition is granted then he will have the right to appeal to the Supreme Court of Virginia and ask that Court to reverse the decision of the trial court.
In the federal courts (the United States District Court for the Western District of Virginia is the federal trial court in Southwest Virginia), there is an automatic right to appeal in both criminal and civil cases. The appellate court is the Fourth Circuit Court of Appeals.