Fairfax Criminal Defense Attorneys
Former Prosecutors Fighting for You
At Carroll & Nuttall, PLLC, we approach each case with the focus of a defense attorney and the mindset of a prosecutor. Attorneys John F. Carroll and Edward J. Nuttall both served in the Commonwealth Attorney’s Office of Fairfax County where they prosecuted the same types of cases they now defend against in court.
Today, our entire team uses the skills we gained as former prosecutors to strategically prepare cases and zealously defend our clients in state and federal courts throughout Fairfax and surrounding communities.
Defense for Felony Charges in Virginia
If you are arrested on a felony warrant in Virginia, you have a statutory right to a preliminary hearing. If you have been indicted for a felony in Virginia, then you will proceed to trial in the circuit court.
These are some of the felony charges that we regularly defend against in Virginia courts:
- Felony Assault-Malicious and Unlawful Wounding
- Distribution of Drugs, Schedules I and II
- Distribution of Marijuana
- Hit and Run
- Homicide—Murder in the 1st Degree/2nd Degree
- Parole and Probation Revocations
- Larceny and Embezzlement
- DWI, 3rd or Subsequent
- Computer Crimes, including Child Pornography and Financial Crimes
Make sure the lawyer you choose has handled the type of case you are now facing. Our Fairfax criminal defense attorneys have represented individuals in all of the types of cases listed above. Please contact us at (703) 952-5801 so we can discuss what we can do for you regarding the felony charge(s) you are facing.
Felonies in Virginia come in six (6) separate classes. The class represents the range of punishment. If you review the warrant, it will tell you what class felony you are facing. The classifications and corresponding punishments can be viewed here.
Defense for Misdemeanor Charges in Virginia
If you are charged with a misdemeanor in Virginia, you will be given a trial date. If the misdemeanor charge carries a possibility of jail time, then you have a right to a lawyer. The court can appoint a lawyer for you, but you cannot choose that person. Instead, we highly recommend that you hire your own legal representation to defend you in court. Doing so will better ensure that you are represented by an experienced lawyer who has thoroughly examined every aspect of your case and prepared a strategic defense on your behalf.
These are some of the misdemeanor charges that we regularly defend against in Virginia courts:
- Assault & Battery
- Unlawful Entry
- Distribution & Possession of Marijuana
- Hit and Run
- Disorderly Conduct
- Obstruction of Justice
- DWI, 1st & 2nd Offenses
- Computer Trespass
- All types of traffic offenses, including Reckless Driving, Driving on a Suspended License, and Speeding
Misdemeanors in Virginia are divided into four classes which can be viewed here.
Defense for Juvenile Charges
Criminal charges brought against children or adults for alleged offences that occurred when they were under 18 years of age, are heard in the Juvenile & Domestic Relations District Court. There is a real risk that your child may be taken into custody for a serious charge. Many people believe that juvenile courts are lenient, but this is not the case. Many juvenile offenders are convicted and detained in juvenile court. It is vital that your child is represented by an experienced juvenile defence attorney. If there is any doubt about weather your child needs an attorney, then it is best to call and discuss your child’s case without delay.
Contact Carroll & Nuttall, PLLC for Criminal Defense Services in Fairfax
If you find yourself facing criminal charges of any nature, do not wait to obtain legal representation. The sooner you involve an attorney, the better chance you stand against the charges that have been made against you.
DUI in Virginia / Reckless Driving in Virginia
Virginia’s DUI laws are some of the toughest in the nation. It is important to have an experienced advocate help you through the trial process.
Since 2004, an individual convicted of DUI with a BAC of .15 was mandated to serve a mandatory minimum five-day jail sentence. That same individual with a .21 BAC must serve a mandatory minimum ten-day jail sentence.
In every legislative session since, the DUI laws and procedures have been changed to make it tougher on those charged. In addition, tougher laws are accompanied by tougher enforcement. If you find yourself charged with a DUI, contact a criminal defense lawyer with experience.
Anatomy of a DUI Trial
Four challenges that can be used in your defense during any DUI trial are:
- Stop—The government must have a reasonable, articulable suspicion to stop your vehicle. If the court says no, then your case is thrown out.
- Probable Cause to Arrest—The judge, as an objective fact-finder, must be satisfied that prior to arrest the evidence (driving behavior, admissions, field tests, etc.) indicate that it’s more probable than not the accused drove or operated while intoxicated. If there is not sufficient evidence to support this, then your case may be dismissed.
- Blood Alcohol Analysis Admissibility—Depending on whether a breath or blood sample was taken, Carroll & Nuttall, PLLC can present arguments to the judge to render the BAC inadmissible.
- Reasonable Doubt—At the end of the government’s case and the defense’s case, the judge has to be satisfied that the evidence is beyond a reasonable doubt. If any doubt remains, you should not be convicted.
Reckless Driving in Virginia
DUI and reckless driving are often connected, but in many instances have nothing to do with each other. Many times, a DUI can be reduced to a reckless driving charge by agreement between the government and your lawyer.
Reckless driving can be charged for someone that an officer believes is driving in a manner which endangers life, limb or property.
Reckless driving can be charged for someone in all of these situations:
- Faulty Brakes
- Passing on Crest of a Grade or Curve
- Driving with View Obstructed
- Passing Two Vehicles Abreast
- Driving Two Abreast in a Single Lane
- Passing at a Railroad Crossing
- Passing a Stopped School Bus
- Failure to Give Proper Signal
- Driving Too Fast for Conditions
- Reckless Driving in Parking Lot
The connection between all of these offenses is that they constitute reckless driving, which means they carry a maximum jail sentence of up to 12 months and a maximum license loss of six months. A conviction for reckless driving is a six-demerit-point offense with the Virginia Department of Motor Vehicles.