Edmund R. Michie
​Attorney at law

Representing ​Virginia Clients
For Over 30 Years

Experience Matters

Personal Attention to Every Case

Free Consultation and Reasonable Rates

Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Do You Need A Lawyer In

Speeding, Traffic, DUI, or  "Minor" Criminal Cases?

A conviction of any crime in Virginia stays on your record forever.  
​Consequently, it is wise to take criminal charges seriously. In Virginia, the only record of a crime that can ever normally be expunged is the record that a person was arrested, and this record can only be expunged if and only if the defendant was found not guilty or the charge was dismissed. Va Code  § 18.2-12

​     Many motor vehicle tickets are in fact criminal charges -- including Reckless Driving, in all its various forms, which not only carries the potential for up to six months' loss of license but also is a First Class Misdemeanor (which all carry a maximum penalty of up to a year in jail and up to a $2,500 fine). Other motor vehicle related misdemeanors include: driving with a suspended or revoked license, driving outside license restrictions, driving as a habitual offender (which can even be a felony), hit and run/leaving the scene of an accident, aggressive driving, passing a stopped school bus (one version of the charge), eluding police, and of course DWI / DUI / DUID.  

     Low level traffic violations like failure to yield are considered "traffic infractions" and per Va. Code § 18.2-8, "Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature."  Traffic infractions carry only the possibility of a fine.  Va. Code § 46.2-113.   The DMV has it's own schedule for how long an infraction stays on your driving record, and your auto insurance will also have rules on whether and how long it will hold a traffic infraction against you.   See Traffic Violation Page for more information.  

Will Hiring an Attorney Make a Difference?

      I'm not one to pressure potential clients to hire me for any case.  
​It is an important decision and one a defendant should take time to make.

    I'll also always try to give it to you straight -- the good, the bad, and the ugly of your case.

     Moreover, for routine traffic cases (and even misdemeanors), I'll let you know --based on the facts you tell me -- if I think that having an attorney is not likely going to make a difference. If, for example, all you are charged with is simple speeding, it particularly may or may not be worth hiring a lawyer to represent you (with you present or without you present).   Judges see a very high volume of simple speeding cases, so they tend to have fairly set personal policies about what breaks they are willing to give a defendant and what arguments and mitigating circumstances they care about. These "policies" are indeed personal to particular judges and courts and vary a great deal between judges/courts.
​

Nevertheless, the general truths are as follows:

In felony cases, a defendant would be foolish not to have an attorney.
(If a defendant can't afford and attorney the Court will appoint one)

​In misdemeanor & traffic cases, what can be said with certainty is that having an experienced attorney on your side will always give you​ the best chance of getting the best result available.

​If you are innocent, ask yourself how important it is to avoid having a conviction permanently on your record. Then look at the "20 Common Issues and Decisions" section below and ask yourself whether you should
(A) represent yourself,
(B) hire an inexperienced lawyer,
(C) use a busy public defender, or 
(D) hire an attorney with over 30 years of experience.​ ​

​​​Even if you believe you are guilty, it is the prosecutors' burden to prove it -- and maybe they can't.     
​    (See "20 Common Issues and Decisions" below that can change outcomes)

Even if you end up pleading guilty (which is always the client's decision) or
if you are found guilty, remember the judge has a wide range of penalties to choose from (see below).
Don't you still want the best sentencing result available?   
Moreover, sometimes favorable deals can be worked out with the prosecutor.
       
*  The prosecutor represents the State in trying to convict you 
and will recommend a sentence to the Judge. ​​

​Shouldn't you, too, have an experienced attorney representing you?

Proof Beyond a Reasonable Doubt.

        As is commonly known, a person charged with a crime or even a traffic infraction is presumed to be innocent until proven guilty beyond a reasonable doubt. What you may not realize is that this is the highest burden of proof required in a court of law. By contrast, the usual burden of proof in a personal injury case is just proof that it is 'more likely than not' that an event or fact happened (i.e., a 51% chance it happened).  

      In a criminal or traffic case, however, the courts have made it clear that "It is not sufficient to create a suspicion or probability of guilt, but the evidence must establish guilt of the accused beyond a reasonable doubt. It must exclude every reasonable hypothesis except that of guilt. The guilt of the party is not to be inferred because the facts are consistent with his guilt, but they must be inconsistent with his innocence."  Allen v. Commonwealth, 211 Va. 805, 808, 180 S.E.2d 513, ___ (1971)

20 COMMON ISSUES and DECISIONS 
That Can Greatly Affect the Outcome of Criminal and Traffic Cases

1. Did the officer have the right to stop or otherwise come into contact with the defendant?
2. Did the officer have "probable cause" to make an arrest?
3. ​Was the arrest properly made?
4. Did the officer read "Miranda rights" when required?  If not, can some evidence be suppressed?
5. Was a search and seizure of evidence proper?
6. Does the crime charged even fit the prosecution's facts?
7. Will or does the prosecution have all its evidence in place on the day of trial?  If not, what is the best way to take advantage of it?
8. Can improper evidence from the prosecution be kept out of the trial?
9. Can the credibility of the prosecution's witnesses be damaged through effective cross-examination?
10. Have tests and measurements the police performed been done properly, and are they admissible evidence?
11. What plea should be entered?  It's ultimately the defendant's decision, but an experienced attorney can give you advice based on an understanding of the law, a thorough analysis of the facts (including relevant video evidence),  and, often, knowledge of the particular judge and prosecutor involved in the case.
12. If a trial is going to happen, will the defendant have all necessary evidence ready the day of trial to provide the strongest case?
13. Are the defendant's witnesses properly prepared to avoid having the prosecutor twist the real facts?
14. Based on the way the case is actually presented by the prosecutor -- and knowing the judge and the law -- what evidence, if any, should be presented by the defense (and in what order)?
15. Will the prosecutor get away with asking improper questions?
16. Should the defendant testify or not? (It is always the defendant's decision, but do you want an experienced attorney's advice when the time comes to decide?)
17. Is the defendant's prior criminal record admissible at all, and/or is it only used against him or her in a proper manner?
18. In an appropriate case, can a good plea deal be worked out?  
19. If a plea deal is offered, is it good -- or even fair -- and would the defendant be wise to take it or go to trial? An experienced attorney can advise, knowing the law, the facts, the prosecutor, and the judge. 
20. Have the evidence and argument been presented in such a way that the judge really understands the facts and law that are in the defendant's favor, and does the judge also understand the defendant's particular life circumstances before deciding even just a sentence?

Are you prepared to handle these issues, decisions, and more, without an experienced attorney?