Portsmouth & Suffolk Criminal Defense Attorney
Take advantage of the skill and years of experience of the experienced attorneys at Richardson and Rosenberg.
Restoration of Driver's License, Political Rights and Right to Possess Firearms
Criminal Law
Social Security Disability Benefits
Expungements of Criminal Records in Virginia and Criminal Appeals
Appeals
Traffic Law
Personal Injury
Restoration of Driver's License, Political Rights and Right to Possess Firearms:
Operator's License:
If you are NOT classified as a Habitual Offender you must:
Go to DMV, and obtain a "Compliance Printout". That will tell you what needs to be done. If fines are owed, they must be paid in full or the Court(s) may allow you to get on a Payment Plan. Every Court has different requirements for Payment Plans. Child support arrears and unpaid judgments must be satisfied. We suggest you contact them in person. It is better to go in the afternoon. We can assist you with the requirements for reinstatement.
If you are classified as a Habitual Offender you must:
Petition the Circuit Court where you live for restoration. We are experienced in preparing and presenting these Petitions to the Court. Even if you have never been convicted of Driving Under the Influence of Drugs or Alcohol, ASAP (Alcohol Safety Action Program) must evaluate you by Court Order. All fines must be paid in full before your license may be restored on a restricted or full basis.
Political Rights/Right to Vote/Serve on Juries:
A petition must be filed with the Secretary of the Commonwealth. The process has been simplified, but, depending on the type of felony conviction which caused the loss of the rights, there are significantly different requirements. We are experienced in assisting with the preparation of these Petitions.
If you are interested in seeking to restore these rights, we suggest you do this as soon as you can. It takes a long time, as it is a lengthy process.
Right to Possess Firearms:
Circuit Court Felony Convictions:
After your political rights are restored, the Circuit Court where you reside may be petitioned for restoration of this right.
Juvenile Court Felony Adjudications:
Most juvenile felony adjudications result in loss of the Right to Possess Firearms until age 29. We must know the specific offense(s) adjudicated, because there are certain "Violent Juvenile Felonies" that result in the loss of this right until a Petition for Restoration is granted.
THERE ARE NO "COLLECTING", "HUNTING", "SPORTING OR "SELF PROTECTION" EXCEPTIONS TO THIS PROHIBITION. CONVICTION OF POSSESSION OF FIREARMS WHILE PROHIBITED MAY BE PUNISHABLE BY A MANDATORY PRISON SENTENCE.
More Questions & Answers - Criminal Law
Q: I was arrested and charged with assault and battery. This was not true, but my ex-wife is trying to discredit me. What can I do?
A: Assault and Battery is a serious charge and can result in jail time if not properly handled by a criminal defense attorney. All the details of the case and evidence against you must be reviewed immediately by a qualified criminal defense attorney. Contact the Law Offices of Richardson and Rosenberg for a free initial consultation. A defense in such cases must begin quickly, as more evidence may need to be found as well as other witness testimony that could help in the defense of your case.
Q: What is the difference between a felony and a misdemeanor?
A: Misdemeanors are punishable by a potential jail sentence. Felonies are punishable by a potential prison sentence.
Q: What Court will my case be heard in?
A: Misdemeanors are held in General or Juvenile and Domestic Relations District Court. Preliminary Hearings for felonies are held in General or Juvenile and Domestic Relations District Court. Felony trials are held in the Circuit Court.
Q: What is an Indictment?
A: A charge that is issued by a Grand Jury. After a Preliminary Hearing, the charge(s) may be certified (referred for Grand Jury action). If any charge is dismissed or nolle prossed in a District Court, a direct or straight indictment by Grand Jury may be issued. In some cases, the Commonwealth will prepare Indictments without going through Preliminary Hearing.
Q: Can I have a Jury trial?
A: Only in Circuit Court. Unless you, the Commonwealth and the Judge agree to not have a jury, you must be tried by one if you plead not guilty. Virginia is one of only a few states where a jury recommends a sentence if you are found guilty. This is a major consideration in making this choice.
Q: What is a mandatory minimum sentence?
A: There are some offenses where a defendant must be sentenced to a term of jail or imprisonment if found guilty. The judge has no discretion in these types of cases and must impose the mandatory time.
Q: If I am sentenced, how much time will I actually serve?
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Felonies - Date of Offense after 1995: There is no parole. You must serve
at least 85% of the time imposed.
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Misdemeanors -
Non Mandatory Minimum. You may receive up to 50% credit for good behavior, determined by the Sheriff.
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Misdemeanor -
Mandatory Minimum - You must serve the amount of calendar days.
Questions and Answers About Social Security Disability Benefits
Q: I was injured badly and can no longer work. However, my Social Security claim was denied. I worked my entire life and don't know what to do.
A: When Social Security denies a claim, you have the right to fight for what is fair. Enlisting the help of a skilled social security claim attorney from Richardson & Rosenberg can bring about a resolution to your problem. When dealing with government agencies, even a small error in a claim you submitted may cause your claim to be denied. Ensure that you get legal assistance to get the social security payments that you deserve.
Q: What happens if I apply for Social Security benefits and am denied?
A: If denied for Social Security Benefits, you have the right to file for a Reconsideration of the denial. If you are denied at the Reconsideration level, you have the right to file a request to have your case heard before an Administrative Law Judge of the Office of Hearings and Appeals.
Q: Does an individual's
age have an impact on a disability claim?
A: The Social Security Administration uses a "grid" that factors in an individual's age, work history and education level. For instance, someone who is 55 may have a more favorable claim for disability benefits than a 50 years old individual with the same level of education and work history.
Q: How does an individual's age and work history impact on a Social Security Disability claim?
A: Under the "grid" system used by the Social Security Administration, an individual with a lower level of education and / or a less skilled work background has a higher likelihood of receiving disability that a younger person and / or a person with a skilled background.
Q: What happens at the hearing conducted before the Administrative Law Judge?
A: The hearings are generally informal with the Administrative Law Judge asking questions about the claimant's medical situation and other relevant issues. The claimant is permitted to bring witnesses to the hearing such as family members, medical professionals and past employers.
Q: Will the Administrative Law Judge make a decision on the same day of the hearing?
A: The decisions of the Administrative Law Judge are made in writing and are quite detailed. The decisions are mailed to the claimant and generally the decisions are not mailed until 60 - 90 days after the hearing.
Q: How long does the process take between the date of an initial application and the date a hearing is conducted before the Administrative Law Judge?
A: The amount of time varies with each claimant but most people generally wait a minimum of 9 - 12 months between the date an application is filed and the date the hearing is conducted before an Administrative Law Judge.
Q: Will I have to pay for a lawyer to represent me?
A: Generally, attorneys handling Social Security Disability claims take cases on a contingency basis. On a contingency fee case an attorney can charge no higher than a 25% contingency fee of an individual's back benefits. The claimant would be responsible for repayment of any cost advanced by the lawyer whether the claimant won or lost the case.
Q: What is the maximum amount of money an attorney can receive on a Social Security Claim?
A: The attorney's fee is "capped" by law. The current statutory cap is $6,000 so even if a claimant received a benefit of $30,000, the attorney can only receive $5300 even though 25% of $30,000 is $7,500. The attorney's fee can be no more than 25% of the back benefits or $6,000 whichever is less. The only exception to this rule is that the fee cap can be waived under exceptional circumstances such as a successful appeal made to the U.S. District Court.
Q: What happens if an individual who has applied for Social Security disability cannot afford medical care and needs a physician's evaluation of their medical condition?
A: It is common for the Social Security Administration to request a claimant to receive an independent medical examination with a physician selected by the Social Security Administration.
Q: Is there a right of appeal if a claimant's case is denied by the Administrative Law Judge?
A: If the Administrative Law Judge makes an unfavorable decision, the claimant can file an appeal with the Appeal Council of the Social Security Administration. The claimant has 60 days to file a Complaint in the United State District Court in the region where they reside if the claimant is denied at the Appeals Council level.
Questions and Answers about Expungement of Criminal Records in Virginia and Criminal Appeals
Q: Do I have a Criminal
record?
A: If you were photographed and fingerprinted, even if the charge or charges were dismissed or "nolle prossed" or you were found "not guilty", you have a record. You do not have to be sentenced to
serve time for a charge to be on your record.
Q: If I was treated as a "First Offender" or the charge or charges were taken under advisement, can they be expunged?
A: No. The charge must have been dismissed or "nolle prossed".
Q: What needs to be done to get a charge or charges expunged?
A: After obtaining certified copies of court documents, a Petition for Expungement is filed in the Circuit Court. You will have to be fingerprinted (at no charge) and copies of the Petition and the fingerprint card are mailed to the State Police. Once they review the fingerprints, a report is sent to the Court, and the case is set for hearing. It is rare for the Commonwealth to oppose expungements, but they may if they choose to. There will be a hearing before a Judge. You must attend. We can help you with having your record expunged.
Appeals
- I was found guilty in Circuit Court of a Felony or Misdemeanor. Can I appeal?
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Do I get a new trial?
- Can I get an Appeal Bond
- How much are attorney's fees?
- I was found guilty in Criminal, Traffic, or Juvenile and Domestic Relations District Court. Can I appeal?
- Can I be tried by a Jury on an Appeal to the Circuit Court?
- Will I get a better result?
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Can I get a Plea Bargain?
Q: I was found guilty in Circuit Court of a Felony or Misdemeanor. Can I appeal?
A: Yes. There are strict time limits. The appeal must be noted in writing.
Q: Do I get a new trial?
A: The Virginia Court of Appeals and Supreme Court reviews the record of your case for legal errors. If your conviction is reversed, a new trial may be ordered.
Q: Can I get an Appeal Bond?
A: The Circuit Court may allow you to be released on an Appeal Bond. If your conviction is affirmed (upheld) , you will have to serve the original sentence.
Q: How much are attorney's fees?
A: They are set on a case - by - case basis. You also must pay for trial transcripts (usually $500 - $2,000) depending on length. There will be "printing" costs if an appeal is granted (estimate $500-$3,000). A $500 cost bond needs to be paid to the Clerk of Circuit Court if the Court of Appeals agrees to hear your case. The cost bond must be paid in full to the court.
Q: I was found guilty in Criminal, Traffic, or Juvenile and Domestic Relations District Court. Can I appeal?
A: Yes. You have an automatic appeal to Circuit Court. The appeal must be noted within ten calendar days of conviction. If the deadline falls on a weekend or a holiday, the deadline is extended to the next business day. The appeal must be filed at the Clerk's Office of the Court where you were convicted. You do not have to give a reason.
Q: Can I be tried by a Jury on a Appeal to the Circuit Court?
A: Yes. If the jury finds you guilty, they will recommend a sentence after additional evidence, including your record of convictions, if any, and/or your DMV record in traffic cases. The jury cannot suspend any part of your sentence or grant probation.
Q: Will I get a better result?
A: Maybe. It's a new trial. You could be found not guilty. You could get a lower sentence, a higher sentence, or the same. There are additional court costs if you are found guilty.
Q: Can I get a Plea Bargain?
A: The Commonwealth Attorney prosecutes Circuit Court appeals. There may be a plea agreement offered, but you have no right to one.
Our Attorneys have served as counsel of record in these Published Opinions from Virginia Appellate Courts:
Barrett R. Richardson:
- Harris vs. Commonwealth 262 Va. App. 407, 551 S.E. 2d 606 (2001)
- Lee vs. Commonwealth 18 Va. App. 235, 443 S.E. 2d 180 (1994)
Michael Rosenberg:
- Gooch vs. Harris 52 Va. App. 157, 662 S.E. 2d 95 (2008)
- McCray vs. Commonwealth 37 Va. App. 202, 556 S.E. 2d 50 (2001)
- Jones vs. Commonwealth 28 Va. App. 444, 506 S.E. 2d 27 (1998)
- Kuzminski vs. Commonwealth 8 Va. App. 106, 378 S.E. 2d 632 (1989)
Michael Eberhardt:
- Harris vs. Commonwealth 21 Va. App. 347, 464 S.E. 2d 516 (1995)
- Kuzminiski vs. Commonwealth 8 Va. App. 106, 378 S.E. 2d 632 (1989)
- (represented Commonwealth)
As of January 18, 2011, our attorneys have served as counsel of record in 24 cases decided by Unpublished Order of the Supreme Court of Virginia or Unpublished Opinion of the Virginia Court of Appeals
We can help you with appeals
Questions and Answers about Traffic Law
- What are the types of Traffic Court charges? Felonies - Misdemeanor - Infractions
- If I am convicted and the Judge suspends my license, can the Court issue a restricted license?
- How many "points" will DMV assess?
- Should I go to Driver Improvement School?
- Are there any differences in traffic law for persons under 21 or 18?
- Can the Commonwealth keep my vehicle if I am charge with "Racing"
Q: What are the types of Traffic Court charges?
A: Felonies - Punishable by potential prison sentence.
Examples: Driving while Under Influence of Alcohol and/or Drugs (3rd or Subsequent Offense); Leaving the Scene of an Accident where Person(s) are Injured; Eluding Police while Endangering Persons; Operating Vehicle while Habitual Offender ( 2nd or subsequent Offense/ Endangering others).
Misdemeanors - Punishable by potential jail sentence.
Examples - Driving while Under Influence of Alcohol and or Drugs (1st or 2nd Offense) ; Operating Vehicle while License Suspended or Revoked; Operating Vehicle without Valid License; Violation of Restricted License; Reckless Driving, Racing, Refusal (2nd or Subsequent offenses. Speeding 20 or more miles above the limit or above 80 miles per hour is considered Reckless Driving.
Infractions - Punishable by fine.
Examples: Speeding Less than 20 mph over limit; Fail to Yield, Disobey Sign or Signal, No Insurance.
Q. If I am convicted and the Judge suspends my license, can the Court issue a restricted license?
A: If you are otherwise eligible, and the Judge agrees, yes. This is subject to conditions and time limits. NOTE: CDL (Commercial Driver's License) holders - There is no way for a
restricted CDL to be issued,
period.
Q: How many "points "will DMV assess?
A: This information is available on their website, and is subject to change. The Judge and Court have no control over point assessment.
Q. Should I go to Driver Improvement School?
A: Do not do so until speaking with an Attorney. The policies of the area courts and Judges are very different. As a general rule, do not go to "Internet Driving School". DMV will accept "Internet Driving School", some Judges will not.
Q: Are there any differences in traffic law for persons under 21 or 18?
A: The Driving Under the Influence of Alcohol and/or Drug penalties are stricter. Drivers under age 18 at the time of the offense have their cases heard in Juvenile and Domestic Relations District Court. There are special programs for Driver Improvement for juveniles, and DMV may require this program to be completed even if the Judge does not.
Q: Can the Commonwealth keep my vehicle if I am charged with "Racing" ?
A: YES. They can, they have , they will. Don't do it. Judges hate Racing. If you are convicted of Racing, the minimum license suspension is six months, with no restricted license allowed.
Personal Injury
Q: I got injured in a car accident caused by a drunk driver and now am in constant pain and can't work. Do I have a legal case?
A: Personal injury cases need the assistance of a qualified personal injury attorney. Each case must have very complete documentation of the injury and other damages you have suffered. If you call Richardson and Rosenberg, an attorney will meet with you for an initial consultation at no cost to determine what sort of claim could be filed on your behalf. Lost wages and future loss of wages is only one of the possible types of compensation that could be sought.
Q: I was injured in an accident. Can I recover money for medical bills, lost wages, and pain and suffering?
A: Three things must be proven for this to happen -
1. Negligence means they did not use proper care.
2. Their negligence was a proximate cause of the accident.
3. Damages must be proven.
Q: What is the "one percent rule"?
A: Virginia is one of only a few states that have the law of Contributory Negligence. If you are even one percent at fault, you may be barred from recovery.
Q: Will I have to go to Court?
A: Every effort is made to settle your case. In fact, the majority of cases do settle. However, insurance companies are much more likely not to offer fair settlements than in the past. We treat every case as if it will go to trial. The insurance companies know we will go to Court for our clients.
Q: The person who injured me had no automobile liability insurance. What effect does that have on my case?
A: If you and / or the owner of the vehicle you were traveling in has insurance, the "Uninsured Motorist" coverage allows you to make a claim. This "Uninsured Motorist" coverage also may provide protection if a "hit and run" driver is involved.
Q: The insurance adjuster told me that they did not have to pay my claim because the other driver did not get a ticket. Is that true?
A: No. that is not true. Simple as can be. The issuance of tickets to anyone cannot be mentioned in Court unless the person pleads guilty. The facts of the accident determine the case's outcome, not the ticket. Do not let the adjuster fool you.
Q: If my health insurance and / or medical payment insurance pay my medical bills, can I still make a claim?
A: Yes. You can and should. Most health insurance plans do not require you to re-pay them if you recover. Many major employers health plans (example - Federal BC/BS, Northrup Grumman, Smithfield, Mail Handlers) do. We are experienced in these issues.
Q: The driver who caused the accident was drunk. Does that affect the claim?
A: Depending on the facts, a drunken driver may be subject to additional damages. We know how to prove these cases.
Q: What is my claim worth?
A: Just like people and snowflakes, every case is different. Beware of anyone who makes you promises of a particular recovery. We will keep you updated about your
case.
COURTS
Portsmouth General District Court Traffic Division
711 Crawford Parkway
P.O. Box 1217
Portsmouth, VA 23705-0129
Phone number: 757.393.8506
Chesapeake General District Court Traffic Division
307 Albemarle Dr.
Chesapeake, VA 23322-5571
Phone number: 757.382.3119
Suffolk General District Court
Traffic Division
150 North Main Street
Second Floor
Suffolk, VA 23434
Phone number: 757.514.4822
Southampton General and Juvenile and Domestic Relations District Court
22350 Main Street
Courtland, VA 23434
Phone number: 757.653.2673
Isle of Wight General District Court
17000 Josiah Parker Circle
Isle of Wight, VA 23397
Phone number: 757.365.6244
Contact a Suffolk/Portsmouth Attorney from the Law Offices of Richardson and Rosenberg, LLC, when you seek legal representation in your personal injury, social security, criminal defense or traffic defense case. Serving individuals in the Portsmouth, Suffolk, Chesapeake, Isle of Wight and Southampton County areas.