The Virginia criminal law system can be thought of as having five stages: initial investigation, arrest, negotiation, trial, and appeal.

Initial Investigation. The criminal law attorneys at Livesay & Myers, P.C. usually advise all clients to remain silent when questioned by law enforcement officials in any potential criminal matter. It is natural to believe that you can convince someone of your innocence or talk yourself out of the situation. In most cases, however, speaking directly with police will significantly impair your ability to present the best possible defense. In short, do not speak to anyone about criminal allegations for which you could be a target. Do not speak to law enforcement authorities without a Virginia criminal defense lawyer present.

Arrest. If you are arrested, remember that you have the right to remain silent and the right to an attorney. Everything you say WILL be used against you. Police will often promise better or special treatment if you will cooperate and speak freely. But you must understand: police have no legal authority to make agreements that bind prosecutors. Therefore, they cannot make things better for you after charges are filed. An investigator may also suggest that an innocent person has nothing to hide and therefore does not need a lawyer. Don't fall for that one, either. You have the right to remain silent-- innocent or guilty. Again, do not speak to law enforcement authorities without a Virginia criminal defense lawyer present.

Negotiation. After being charged, depending on the jurisdiction and your record the prosecutors may be willing to offer a "plea-bargain." If the terms are favorable, in many cases such a plea-bargain offers an attractive alternative to going to trial and risking a bad result. Our Virginia criminal lawyers will negotiate aggressively on your behalf to extract the best possible deal from the prosecutors. However, if an attractive plea-bargain is not offered, we are ready and willing to represent you at trial.

Trial. Our Virginia criminal lawyers believe the building block for success in every trial is rigorous preparation. We believe in doing the hard work before trial necessary to give you the best chance to win in court. As a law firm, we believe in maintaining a proper client-to-attorney ratio, so that each of our Virginia criminal defense attorneys have sufficient time to devote to each case. This policy translates to the best chance of success for each client.

Appeal. Unfortunately, the best Virginia criminal lawyer cannot guarantee success at trial 100% of the time. However, in cases where things did not go the client's way at trial, we stand ready to assist with the criminal appeal process. Criminal appeals are fundamental to the fairness of the system, allowing for correction of errors by the trial court. Our Virginia criminal defense attorneys can represent you on appeal not only in cases where we represented you at trial, but also where you were unrepresented or were represented by another attorney.