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Criminal Defense

An arrest can be one of the most frightening experiences that a person will face, but it is not always the end of the world.

It is important to choose a criminal defense attorney who specializes in the type of charges that you face.

The criminal defense lawyers at the Right Path Law have just that combination of knowledge and tenacity with 20 years of experience.

This experience is important because it gives an attorney an idea of how best to approach your charges. Evidence presented by the prosecution often consists of a mixture of eyewitness testimony, physical evidence, and circumstantial evidence which they may use to attempt to prove your guilt.

At the Right Path Law, we have successfully defended against all manner of charges. We know tactics for rebutting eyewitness testimony and physical evidence, and we know what types of experts are best for any given situation.

You don’t have to face it alone! Contact us now for a free legal consultation.

Types of Criminal Cases We Handle

No matter what charges you are facing, one of our experienced criminal attorneys can provide you with a defense specific to your case.

This can help you avoid conviction and the harsh penalties often ordered by the Virginia courts.

The most common types of criminal cases we handle include:

  • Theft
  • Assault
  • Reckless driving
  • Sex crimes
  • Gun offenses
  • Drug charges
  • Drunk driving
  • Domestic violence
  • Robbery
  • Burglary
  • Fraud
  • Solicitation

Criminal Defense Faq

We hope that these Criminal Defense FAQs will help you find the answers you’re looking for. If you have more questions, please visit ‘Our Practice Areas’ section to find additional information on criminal defense law, or contact us using the form below.

My case was declared as it does not dispute the charge or allegations. can i expunge my history of arrests?

No. Although a statement of Nolo Contendere or No Contest is not technically a guilty confession, it is an expression of willingness to be convicted by the judge to enforce the judgment and to issue a sentence.

After filling a statement of Nolo Contendere, a judge convicts the defendant. Therefore, this motive is not consistent with an innocence claim, which is necessary when you request the expungement.

If I am acquitted, can i expunge my criminal record?

Yes. If an Applicant does not have a prior registry, and is looking for the expungement of a misdemeanor charge, then he will have the right to clean his record unless the Commonwealth Prosecutor’s Office presents a justified cause in the hearing of a petition to demonstrate to the tribunal why this action should not be granted. Virginia’s Code, section 19.2-392.2

Can I make that an old crime committed is expunged from my history of arrests?

No. If you plead guilty to a criminal charge, you are excluded from a possible subsequent claim of innocence. It does not matter if it was a misdemeanor, a felony, or how much time has passed since your conviction. A conviction in the State of Virginia is permanent unless you obtain an Absolute Pardon from the Governor (which is highly unlikely.)

What do I need to expunge my criminal record?

The Tribunal will require clean proofs that demonstrate that keeping this charge/ arrest in your record “causes or may cause circumstances which constitute a manifest injustice.” Virginia’s Code, Section 19.2-392.2(F). An example of this injustice may include a letter from a prospective employer, which indicates that the criminal record is required for a job offer.

My charge was dismissed. Can I request the expungement of my criminal record?

Maybe. But having been dismissed does not automatically qualify it for expungement from the record. Remember that the rule is innocence. Some charges are “expunged” after meeting some requirements. For example, a person accused of marijuana possession (first offense) can complete a program, and at the end of the probation, if the accused has met the requirements, the charge is “dismissed.” However, generally, there is a stipulation of facts enough to convict the Defendant, and the judge usually indicates in the citation, or he guarantees a judgment of guilt retained until the end of the program. These types of “dismiss” are not chosen for expungement.

Which are the benefits of the expungement of my criminal record?

According to the law of the State of Virginia, a person does not need to reveal in any request, information about an arrest or criminal charge that has been expunged. Code of Virginia, section 19.2-392.4 (A). In other words, if you are asked in any job or school application if you ever were arrested or accused of a crime, you can lawfully answer “No.”

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