Mark B. Arthur: Attorney at Law

In Virginia, misdemeanor crimes range from simple trespassing and disorderly conduct to bad checks and petit larceny. All of these are punishable by up to twelve months in jail and a fine of up to $2,500.00 dollars.  Witnesses and evidence in these cases quickly disappear or are very difficult to get unless you start working on these cases immediately.

All misdemeanor charges are serious. The effect on your life of being convicted of a misdemeanor charge can be devastating.  Although potential jail sentences can reach a maximum of twelve months, there are many other consequences which make any misdemeanor a serious charge.  Judges routinely give heavy fines, court costs, jail time and probation for misdemeanors.  As with other crimes, misdemeanor convictions may be published in the local newspaper and employers may be reluctant to hire someone with a misdemeanor conviction.

The Winning Approach to Misdemeanor Defense

An aggressive defense lawyer is critical. In most misdemeanor cases, the prosecution relies heavily on the testimony of witnesses in order to prove its case.  Typically witnesses are agitated, excited, angry or intoxicated.  In the hands of a skilled defense attorney, the testimony of such witnesses begins to fall apart.  In felony cases, it is very important for the defense to cross-examine all of the potential prosecution witnesses at the preliminary examination.

Thorough investigation of the case is vital. The attorney, or the private investigator working for the attorney, should attempt to interview all witnesses prior to a trial.  The success of a misdemeanor trial may well depend on the skill and knowledge of the attorney.  It is vital that your attorney be well prepared for trial.

You must be part of the team. Mark B. Arthur prefers a team approach.  While I will work hard to keep my trial skills sharp and my knowledge of the law current, no one knows the facts of your case better than you.  It is important that you are involved in your case, and that you work with me. The best results in your case will come when you have open communication with me and you make informed decisions in the case.

If You are Facing Misdemeanor Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss the investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer who tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information.  This includes your full legal name and address. If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call. Get an attorney quickly, if you call family or friends have them contact an attorney. You can reach us at 1-434-846-7111.
• Post bond as quickly as possible. If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible. When you meet with me, be completely honest with your version of events. Tell us about any past criminal record or witnesses that might help or hurt your case. Remember that you are the most important part of your defense team.