What to Do After an Arrest
Hire a Lawyer to Defend You
After you have been arrested, the first step is to remember that you have the right to remain silent. You do not have to speak to law enforcement, even if they are asking you questions. You also have the right to an attorney. It is highly recommended that you exercise that right as soon after an arrest as possible. Call (757) 517-2942 now!
“What Can I Say to Exercise My Right to Remain Silent?”
Simply getting silent in the face of police questioning can appear suspicious. Some counties and states even permit courts to view an intentional and steadfast lack of communication as an indirect admission of guilt. If and when you decide you do not want to talk to the police anymore in the course of your arrest, you should make it clear. Say something like “I have decided to exercise my Fifth Amendment right to remain silent until I am given an opportunity to discuss the situation with my attorney.”
At The Law Offices of Daniel J. Miller, our Virginia Beach criminal defense lawyers are committed to protecting your privacy and rights after you have been arrested. We know that being arrested is stressful and overwhelming, and we are here to provide you with support and sound counsel.
You may be faced with the following penalties after a criminal arrest:
- Jail or prison time
- Substantial fines
- Probation
- Community service
- Mandatory substance abuse counseling
Any of the aforementioned consequences can be extremely damaging to your reputation. Just having an arrest on your criminal record can be problematic for your private and professional life, even if no charges are filed. It is so important for you to take the right steps after an arrest to try to minimize its overall impact.
Contact us today to request your consultation so you can inform our lawyer about your situation. Call (757) 517-2942!
Understanding Virginia Arrests & Penalties
When you hire our firm to represent you, you can rest assured that we work to protect your rights and put your best interests first. Our attorney understands the difficult experience you are going through. You can rely on us to provide you with compassionate yet aggressive representation. Once you understand the charges you are facing, we can get to work putting together a defense tactic. If you are able to post bail, we can help you with the process and use this time to prepare for your court appearance.
Working On Your Defense Immediately After Arrest
The prosecutor that eventually decides to file charges against you is technically working against you from the moment you encounter a law enforcement officer. Anything the police do in the course of discussions and your arrest will make it to the prosecutor’s desk sooner than later. To this end, evidence is being collected for the opposition right away.
You need to keep this in mind and think similarly. Try to make mental notes of what is happening and what is being said. If anyone is making recordings, either video or audio, then you need to keep track of it as well. Later on, your lawyer will want to know every possible avenue of evidence to use in your defense, but it may be up to you to let them know where to look.
Schedule an Initial Case Consultation!
Retaining legal counsel is very important, regardless of the exact charges you are facing. At our firm, we have more than 20 years of legal experience and the necessary knowledge and resources to defend you. We work to gather as much evidence as possible which we can use to your advantage when building a case on your behalf.
Schedule an initial consultation when you contact our firm online or call (757) 517-2942 today!
Every Client Matters
Your Rights Deserve to Be Protected-
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Would hire him and his professional legal staff again!
“Atty Daniel Miller was fabulous in the courtroom. Knew exactly how to handle testimony of trooper in defending me for a baseless citation. Charges were dismissed outright, a better outcome than ...”
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The quality of work was also amazing and couldn't ask for anyone better.
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This is the team you need.
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Case Results
A Track Record of Success-
Protective Order Domestic Violence
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape Sex Crimes
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order Family Law
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal Domestic Violence
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor Felony Defense
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
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Third Offense Petty Larceny Felony Defense
Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.
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Possession of Marijuana- Appeal Drug Crimes
Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.
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Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
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Domestic Violence Domestic Violence
Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.