Frequently Asked Questions
01
What should I do if I’ve been charged with a crime in Northern Virginia?
If you have been charged with a crime, it is important to remain calm and avoid discussing your case with anyone except your attorney. Contacting an experienced criminal defense lawyer as soon as possible can help protect your rights and ensure the proper steps are taken to build your defense.
02
Do I need a lawyer if I’m charged with a misdemeanor?
Yes. Even a misdemeanor conviction can result in fines, jail time, and a permanent criminal record. An experienced criminal defense attorney can evaluate your case, protect your rights, and work to reduce or dismiss the charges whenever possible.
03
Will I go to jail for a first offense?
Not necessarily. Many first-time offenses may result in alternative outcomes such as reduced charges, probation, or other sentencing options depending on the circumstances. An experienced attorney can help pursue the best possible result for your case.
06
How much does a criminal defense lawyer cost?
The cost of hiring a criminal defense lawyer can vary depending on the type and complexity of the charges. During an initial consultation, Eric Clingan can review the details of your case and explain the legal process and potential costs involved.
05
When should I contact a criminal defense lawyer?
You should contact a criminal defense lawyer as soon as possible after being charged or if you believe you are under investigation. Early legal guidance can help protect your rights and ensure you take the right steps moving forward.
04
What penalties could I face for a criminal conviction in Virginia?
Penalties for criminal convictions in Virginia can include fines, probation, license suspension, and jail or prison time depending on the charge. Some convictions may also create a permanent criminal record that can impact employment, housing, and future opportunities.
Frequently Asked DUI Questions
01
Will I go to jail for a first DUI in Virginia?
Most first-time DUI cases don’t result in jail if your BAC is under 0.15 and you have a clean record. Jail is mandatory for higher BAC levels or aggravating factors like accidents, injuries, children in the car, or prior offenses.
02
Is my license suspended after a DUI arrest?
Yes. Virginia imposes an automatic 7-day administrative suspension after arrest. After that, your driving privileges are typically restored while your case is pending. A conviction could result in a longer court-ordered suspension.
03
Can I still drive after a DUI?
If convicted, most first-time offenders qualify for a restricted license for essentials like work and school. Installing an ignition interlock may allow normal driving privileges. Winning the case outright removes these restrictions entirely.
06
Why does procedure matter?
Virginia DUI law requires precise steps by officers. From the legality of the traffic stop to how tests are conducted, any deviation can be challenged. Eric Clingan’s experience as a former top prosecutor gives him unique insight into where mistakes happen and how to use them to defend clients.
05
What if I refused the breath test?
Refusing a breath test is not a conviction. It can lead to a license suspension, but it gives your lawyer an opportunity to challenge probable cause and weaken the DUI case.
04
Can a DUI be reduced or dismissed?
Absolutely. DUI cases involve strict procedural rules for traffic stops, field sobriety tests, and breathalyzer administration. Mistakes in these steps can lead to reduced charges or dismissals. Eric Clingan’s 25 years of experience allows him to spot and challenge these errors.