Top Rated New Kent County VA Criminal Lawyers • 1500+ Reviews

Free Consultation with Top Rated New Kent VA Criminal Lawyers

Our New Kent County criminal defense lawyers offer a free no obligation consultation for those individuals who have found themselves in the unfortunate position of having to defend a criminal case. The biggest issues for most are the lack of experience and legal knowledge. The average person does not understand how to best defend a New Kent County criminal case. Our top rated experienced New Kent County VA criminal attorneys know the best tactics for obtaining the best results. We spend hours in the New Kent Courts every week and are familiar with the habits of the different judges and law enforcement officers who make the arrests. This specialized knowledge is invaluable in order to present the best defense.

New Kent VA Criminal Attorneys Recognized by Virginia Super Lawyers

Super Lawyers rates attorneys from over 70 practice areas including criminal law who have attained a high-degree of recognition and professional achievement. Super Lawyers recognizes the top attorneys nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our New Kent VA criminal lawyers have been recognized as Virginia Super Lawyers since 2009 for defending New Kent criminal cases. No more than five percent of the lawyers in a state are named to Super Lawyers and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Consult with attorneys in New Kent County who have been recognized as Virginia Super Lawyers.

Felony Concealed Handgun DISMISSED Motion To Suppress

In this case, our New Kent County VA criminal defense attorneys represented a client from Hampton who was driving through New Kent when lawfully stopped by the New Kent Sheriff’s Office. The Deputy Sheriff claimed to have detected marijuana in the vehicle. The Deputy Sheriff eventually conducted a search of the vehicle without a warrant and without consent. A concealed handgun was recovered during the search. We believed the Deputy Sheriff illegally searched our client’s vehicle. The Judge agreed. The evidence was suppressed and the case was dismissed.  NOTE: Convincing the Court to dismiss this kind of case is extremely difficult. Click on Case Result Image for actual court record

New Kent County Virginia Trial Courts Are Adversarial By Design

If you have been charged with violating a New Kent Virginia criminal law, then your case will eventually be set before the New Kent Courts. Criminal cases are adversarial by design. This involves a structured and formalized dispute between the New Kent Commonwealth Attorneys office and the defense. The adversarial system is designed to ensure a fair trial process subject to the rules of law and evidence by allowing each side to present their case and to be able to challenge the other’s arguments and evidence. Depending on the seriousness of the charges, the case may progress through many of the criminal justice system stages. The New Kent Judge ultimately evaluates the evidence & arguments and makes a ruling.

The Arrest
Probable cause is required for an arrest. Probable cause means that there is a good reason to believe the suspect committed a crime. The “warrant requirement” means that the New Kent County law enforcement officer must have an arrest warrant to make an arrest; however, there are numerous exceptions to this requirement, which is often when the offense in question was observed by the New Kent sheriff or state trooper.

If the New Kent County police are going to question the suspect after the arrest while the suspect is in custody, then the New Kent police officers must inform the suspects of their Miranda rights: 1) right to an attorney, 2) the right to remain silent, and 3) the right to have your attorney present during questioning.

After the arrest, the suspect is taken to the Jail for booking or processing. This will require being fingerprinted and photographed. Officials will confirm details such as full name and birth date. The magistrate then conducts a bail hearing to determine conditions for pretrial release.

Arraignment | Pre-trial
The arraignment is the first appearance before the New Kent County Court where the judge informs the defendant of his or her right to an attorney. The judge may also review bail.

Bail | Pre-Trial Release

A person who is held in custody pending trial or a hearing shall be admitted to bail unless there is probable cause to believe that he will not appear for the trial or hearing or if his liberty will constitute an unreasonable danger to himself or another.

Plea bargain
Many criminal cases are resolved where the defense and the prosecution agree to a specific outcome. The New Kent County judge will usually accept a plea agreement, although they are not required to do so.

Preliminary hearing for felony cases
Felony cases initiated on an arrest warrant then proceed to what is called a preliminary hearing in the New Kent County District Court. The New Kent Commonwealth’s Attorney must present probable cause evidence to the Judge who then certifies the case to the grand jury if there is probable cause to support the charge. The primary difference between this procedure and the magistrate issuing an arrest warrant based on probable cause is that our experienced New Kent VA criminal defense attorney can present evidence and/or cross-examine the prosecution’s witnesses. If the defendant was indicted by the prosecutor then there is no preliminary hearing in the New Kent County District Court.

Trial
Misdemeanor trials are held in the New Kent County District Court with a Judge. Felony trials (or misdemeanor appeals from the District Court) are held in the New Kent County Circuit Court, where the defendant has a right to trial by jury. At trial, the prosecution is required to present evidence to prove the defendant’s guilt beyond a reasonable doubt. The defendant may present evidence, but that is not required. The lawyers for each party argue their respective case.

Verdict | Sentencing
In a jury trial, all jurors must agree that the evidence proves the defendant’s guilt beyond a reasonable doubt. If the jury cannot agree, then a mistrial will be declared on the charges to which there is no agreement, and those charges may be tried again later before new jurors. In a Judge or bench trial, the New Kent Judge determines if the evidence is sufficient to prove the offense alleged.

Sentencing guidelines are prepared for the Judge hearing the case to assist in imposing a penalty if the defendant is found guilty. The jury does not receive any assistance from such guidelines. The guidelines assign point values for various aspects of the conviction, such as the nature of the crime and the defendant’s criminal history, and then calculate a range for an appropriate sentence. The New Kent Circuit Court Judge has leeway in determining the sentence, but often impose a sentence within the guidelines.

“AV Preeminent” Rated New Kent County VA Criminal Attorneys

For over a century, Martindale-Hubbell has been the authority for evaluating lawyers for their legal ability and ethical standards through a Review Rating system established by judges and attorneys. Riley & Wells Attorneys-A-Law is an AV Preeminent® rated New Kent County VA criminal law defense firm. The highest Martindale-Hubbell peer rating standard. This rating is given to those who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Retain a Martindale-Hubbell AV Preeminent rated New Kent County VA criminal lawyer for your case. Review the law firm’s legal rating and exercise caution before you secure representation with a firm that maintains an inferior rating for legal ability and ethical standards.

Effective Criminal Defense Representation New Kent County VA

Criminal cases start with an investigation. The New Kent County Sheriff’s Office is primary law enforcement agency investigates criminal activity throughout the county to include Providence Forge, Quinton, Lanexa & Eltham. Criminal cases are prosecuted by the New Kent County Commonwealth Attorney’s Office. We have the experience, integrity, and expertise you need to protect your rights. We believe that our extensive experience with both of these offices make us better advocates for our clients. Do not trust your future with an attorney that either juggles many areas of law or simply does not possess the necessary experience. We are the New Kent County Trial Attorneys that you want on your side. NOTE: An arrest is not an automatic prison sentence.

Legal Elite New Kent VA Criminal Lawyer

Virginia Business is dedicated to covering legal activity in New Kent County VA. In association with the Bar Association, top rated Virginia attorneys from various practice areas have been recognized as Legal Elite since 2000. There are over 23,000 legal practitioners in the Commonwealth. Legal Elite recognitions are awarded to approximately 1400 lawyers each year. This is an exclusive list of top rated individuals who have been recognized by their peers for excellence. Only outstanding and experienced professionals are recognized by Virginia Business for being Legal Elite. A lawyer cannot purchase his or her way in to being recognized as a member of the Virginia Business Legal Elite community. Retain a New Kent VA Legal Elite criminal lawyer.

Felony Cocaine & Misdemeanor Marijuana allegations DISMISSED

Our defense attorneys in New Kent represented a client who was arrested for drug offenses after being pulled over by law enforcement for speeding. Our client was taken before the Magistrate at the Henrico County Regional Jail East in Barhamsville VA, and was charged with felony possession of a controlled substance, misdemeanor possession of marijuana and reckless driving. Our client was devastated and believed his dream career in the Unites States Army was certainly destroyed. However, our criminal law attorneys tirelessly worked on the case to develop various defenses and arguments that we thought may protect the client. Eventually the matters were resolved with ALL allegations being DISMISSED.

Contact Us today for a free evaluation of YOUR case!

1/28/2024