FAQs

Criminal Defense

What should I do immediately after being arrested in Virginia Discovery Call

After an arrest, it’s critical to stay calm and avoid speaking to law enforcement without an attorney present. Contact a qualified criminal defense attorney as soon as possible to protect your rights and start building your defense.  You can call The Law Office of Kimberly Stover, PLLC 24 hours a day, 7 days a week.

 

Can I get my charges reduced or dismissed?

Depending on the evidence and circumstances, charges can sometimes be reduced or dismissed. At The Law Office of Kimberly Stover, PLLC, we will evaluate your case and explore all possible defense strategies to achieve the best outcome.

How much does it cost to hire a criminal defense attorney?

The cost to hire a criminal defense lawyer for your case varies based on the complexity of the case.  Some cases are suited for “flat fee” billing.  A “flat fee” means that you are quoted the entire fee for legal representation in the case upfront.  Some cases are better suited for “hourly billing.”  Hourly billing means that you are charged at the attorney’s hourly rate for the work that is completed in your case.   The Law Office of Kimberly Stover, PLLC offers free personalized consultations to discuss your case and provide a transparent overview of potential legal fees.

Will a conviction affect my ability to find a job?

A criminal conviction can impact employment opportunities, especially for jobs requiring background checks. The Law Office of Kimberly Stover, PLLC works diligently to protect your record and minimize these consequences

What are my rights during a criminal investigation?

You have the right to remain silent, the right to an attorney, and the right to be free of unlawful searches and seizures, amongst other rights. The Law Office of Kimberly Stover, PLLC ensures your rights are upheld throughout the legal process

DWI/DUI

What happens if I’m convicted of a first-time DUI in Virginia?

A first-time DUI conviction in Virginia will result in fines, a license suspension (restricted license available), mandatory alcohol education, and could result in jail time. The Law Office of Kimberly Stover, PLLC can help mitigate these penalties by fighting for a reduction or dismissal.

 

Can I drive after being charged with a DUI?

After a DUI charge, your license may be temporarily suspended.  You will be provided this information at the time of your arrest.  The Law Office of Kimberly Stover, PLLC can help explain the limitations to you or fight this initial suspension.

 

Will a DUI stay on my record forever?

In Virginia, a DUI conviction remains on your record permanently. The Law Office of Kimberly Stover, PLLC will work to minimize the impact of a conviction or fight to keep your record clean.

 

What are common defenses for sex crime charges?

Common defenses include insufficient evidence, false accusations and consent. The Law Office of Kimberly Stover, PLLC will tailor a defense strategy specific to your case

 

How can a DUI attorney help me?

The Law Office of Kimberly Stover, PLLC will review the evidence, challenge field sobriety tests, and negotiate with prosecutors to reduce or dismiss the charges against you

 

Sex Crimes

What should I do if I’m accused of a sex crime in Virginia?

Do not speak to anyone about the allegations. Contact a qualified criminal defense attorney immediately for guidance on how to proceed.  The Law Office of Kimberly Stover, PLLC is experienced in defending clients against sexual assault allegations.   We would gladly meet with you to start building your defense.

 

How does a sex crime accusation affect my future?

A conviction can lead to prison time, registration as a sex offender, and social stigma. The Law Office of Kimberly Stover, PLLC will fight to protect your rights and reputation.

 

Can I avoid registering as a sex offender if convicted?

Most sex offenses require mandatory registration. It is important to discuss the potential collateral consequences of a conviction for a sex offense with a knowledgeable criminal defense attorney. 

 

What are common defenses for sex crime charges?

Common defenses include insufficient evidence, false accusations and consent. The Law Office of Kimberly Stover, PLLC will tailor a defense strategy specific to your case

 

Will my case go to trial?

Not all cases go to trial. The Law Office of Kimberly Stover, PLLC has extensive trial experience and will be prepared to defend you at trial if necessary.  However, we will explore all options, including negotiation and plea agreements, to resolve your case consistent with your goals and the evidence

 

Domestic Assault & Battery

What happens if the complainant doesn’t want to press charges?

In Virginia, the prosecutor can pursue charges regardless of the complainant’s wishes.  Even so, whether the complainant wants to proceed or not can have a significant impact on the potential outcome of your case.  The Law Office of Kimberly Stover, PLLC can help navigate this complex situation.

 

Can I be charged with domestic assault even if there was no physical contact?

Yes, under Virginia law, “assault” does not require you to actually touch another person.  An assault can be words coupled with some amount of action.  Words alone are never enough for an assault. The Law Office of Kimberly Stover, PLLC will carefully review the evidence and fight for your defense

 

Will a domestic assault conviction affect my custody rights?

A conviction for domestic assault and battery can impact custody rights. The Law Office of Kimberly Stover, PLLC will advocate for an outcome that  protects your parental rights during and after the case.

 

What penalties could I face for a domestic assault conviction?

Penalties include probation, jail time, fines and mandatory rehabilitative programs. The Law Office of Kimberly Stover, PLLC can work to minimize these consequences

 

Can I get a domestic assault charge expunged?

Expungement depends on the outcome of your case. The Law Office of Kimberly Stover, PLLC will explore all options to clear your record.

 

Drug Offenses

What are the penalties for drug possession in Virginia?

Penalties vary by drug type and quantity. The Law Office of Kimberly Stover, PLLC will provide thorough guidance and a strong defense against these charges.

 

Can I be charged with drug possession if I wasn’t using the drugs?

Yes, under Virginia law “possession” does not require that you be observed using the drugs or that you even have them on your person. The Law Office of Kimberly Stover, PLLC will explain the applicable law to you, investigate the case and challenge the prosecution’s evidence.

 

What’s the difference between possession and distribution charges?

“Distribution” means an intent to provide the drug to another, which carries harsher penalties. The Law Office of Kimberly Stover, PLLC will evaluate your case and build a robust defense

 

What’s the difference between possession and distribution charges?

“Distribution” means an intent to provide the drug to another, which carries harsher penalties. The Law Office of Kimberly Stover, PLLC will evaluate your case and build a robust defense

 

Can first-time drug offenders avoid jail time?

In many cases, yes.  First-time offenders may qualify for diversion programs or may receive other reductions. The Law Office of Kimberly Stover, PLLC will explore these options on your behalf.

 

Are there defenses to drug charges?

Yes.  Defenses include unlawful search and seizure, insufficient evidence of possession, personal use versus intent to distribute, or evidentiary problems. The Law Office of Kimberly Stover, PLLC will tailor a defense strategy to your case.

 

Weapons Offenses

What constitutes an illegal weapons offense in Virginia?

Common offenses include carrying a concealed weapon without a permit, possession of a firearm by a convicted felon, or using a firearm during the commission of a crime. Specific circumstances will determine the severity of the charges.

 

Are there defenses to weapons charges?

Yes, possible defenses include motions to suppress unlawful searches and seizures, insufficient evidence of the offense and errors in how evidence was obtained or maintained. Your attorney will review the details of your case to craft a strong defense.

 

Murder

What’s the difference between murder and manslaughter in Virginia?

Murder involves intentional killing with malice.  Manslaughter refers to either an unintentional killing caused by reckless conduct or an intentional killing resulting from heat of passion. The penalties differ significantly, with murder carrying harsher consequences

 

How can a lawyer help in a murder or manslaughter case?

A defense attorney will investigate the facts, challenge evidence, and build a defense based on the facts of your case. Legal representation is critical in these most serious cases

 

White Collar Crime

What is considered a white-collar crime?

White-collar crimes include fraud, embezzlement, identity theft and other financially motivated, non-violent offenses. These crimes can involve complex investigations and lots of records

 

What are the penalties for white-collar crimes in Virginia?

Penalties can include fines, restitution, probation, or imprisonment, depending on the offense and amount of financial harm caused.

 

Felony Offenses

What’s the difference between a felony and a misdemeanor in Virginia?

Felonies are more serious crimes that carry harsher penalties, including lengthy prison sentences and significant fines.  In Virginia, felonies are distinguished in the Virginia Code by being punishable by 1 year or more in state prison.   Misdemeanors are less serious crimes with a punishment range not exceeding 1 year of incarceration in a local jail facility.

 

Can a felony conviction be expunged in Virginia?

No.  Under Virginia law, if you are convicted of a felony offense, it cannot be expunged

 

Misdemeanor Offenses

Should I hire an attorney for a misdemeanor charge?

Even misdemeanor convictions can result in jail time, fines and a criminal record. An experienced attorney understands the court procedure.  They can help reduce or dismiss the charges, protecting your future.  It is highly advisable that you retain a skilled criminal defense attorney to defend you when charged with any criminal offense.

 

What are common misdemeanor charges in Virginia?

Common misdemeanors include DUI, domestic assault and battery and petit larceny

 

Juvenile Crime

How are juvenile crimes handled differently than adult cases in Virginia?

Juvenile cases are typically handled in the juvenile court system, which focuses more on rehabilitation than punishment. However, serious offenses may be transferred to adult court.

 

What are the potential consequences for a juvenile adjudication of delinquency?

Consequences can include probation, detention, community service, or counseling. Having a skilled attorney can help reduce the impact on the juvenile’s future.