CRIMINAL COURT PROCESS

The criminal court process involves:

Arraignment:

The arraignment hearing is when the judge will inform you of the official charge(s) you will face at your trial.  Your bond status will be reviewed by the judge if you were initially denied bond by a magistrate.  The judge will inform you of your right to counsel, and if necessary, determine if you qualify for a court appointed counsel.  Finally, the court will set your trial date.  Your arraignment date will be given to you at the time of arrest on your citation or served later in the form of a summons.

Pre-trial:

The time before pretrial is when your attorney will present your case to the prosecutor. This is where the negotiations happen. Your attorney will negotiate the best resolution possible for you by pointing out any flaws in the Commonwealth’s case and presenting likely arguments that may be raised later at motions or trial. If the parties can come to a favorable resolution, this is the time when cases are often resolved. If no resolution can be found, it is during the pretrial that motions will be filed and the dates will be set for litigation of the case.

Motions Hearing:

If your attorney and the prosecutor cannot resolve your case during the pre-trial, your attorney will file motions to suppress various pieces of evidence against you in order to get the case dismissed.  An effective motions practice is the cornerstone to every successful Defense Trial attorney.

Trial:

You have the absolute right to a jury trial for a felony case (and misdemeanor appeals cases heard in the Circuit Court). However, you also have the right to "waive" your jury trial rights and have your trial conducted before a judge without a jury, unless the prosecutor has requested a jury trial. Both sides have the right to a jury trial in Virginia. A jury trial will usually last 1 to 3 days.   If you have a jury trial, then the jury will determine guilt or innocence and if found guilty, the jury determines the amount of jail time.  Juries in Northern Virginia are well known for their sometimes severe punishment in jury verdicts.  If you have a bench trial (no jury, just the judge), the judge will perform the same duties at the jury.

Plea:

If you reach an agreement with the prosecutor, you will enter a plea of guilty to whatever more favorable reduced charge that your attorney was able to negotiate.

Sentencing:

If you enter into a plea of guilty or are found guilty after a trial, the judge will impose a final sentence. This sentence will vary depending upon the plea bargain, recommendations from the prosecutor, prior convictions and so on.  The penalties can include; jail time, electronic home monitoring, ignition interlock, community service, fines and fees, restitution, treatment for substance abuse and more. Your attorney can fully explain the likelihood of any of these penalties with regard to your particular case.

 

Johnson & Flores represents clients on the following criminal charges:

DUI/DWI/Drunk Driving	Drug Charges
Reckless Driving	Theft/Extortion/Burglary/Robbery
Assault/Battery	Resisting Arrest
Sex Crimes	Parole Violations
Larceny/Theft	other Felonies
Money Laundering/Fraud	other Misdemeanors