Criminal Defense FAQs

Fairfax criminal law attorney B. R. Hicks answers your questions

Being charged with a crime often generates many questions for those unfamiliar with state and federal criminal law, including criminal laws in Fairfax.  Some frequently asked questions attorney Bill Hicks hears from clients include the following:

• How do I know if I need a criminal defense attorney?
• What is the difference between a felony and misdemeanor charge?
• What is the difference between a preliminary hearing and an arraignment?
• Why can seeking counseling or treatment make a difference if I have been charged with a crime?
• Why should I choose The Law Offices of B. R. Hicks to represent me?

How do I know if I need a criminal defense attorney?

It depends on the type of crime you are accused of committing.  While a criminal charge may not seem severe at first glance, it is critical you consult Mr. Hicks, one of the most experienced criminal law attorneys in Fairfax, to ensure you receive appropriate advice—seemingly smaller charges have the ability to escalate quickly, and may leave you scrambling for help.  You may not need legal representation for minor crimes like shoplifting less than $200.00 worth of merchandise, but you should speak to at attorney if you have been charged with a felony, are a repeat offender, are innocent, or are facing severe repercussions.

What is the difference between a felony and misdemeanor charge?

The difference between a felony and a misdemeanor is the severity of the crime.  Misdemeanors are relatively minor offenses and felonies are more serious.  Misdemeanor punishments result in low to moderate fines and jail time of less than one year in a state or county jail.  Punishments for felonies typically include jail sentences of at least one year in state or federal penitentiaries or prisons and very high fines. 

Criminal law in Fairfax follows the same classification system as other areas in Virginia.  For example, your first DUI/DWI in Fairfax is a misdemeanor offense, but your third DUI/DWI within ten years is a felony.

What is the difference between a preliminary hearing and an arraignment?

Arraignments are formal hearings where criminal complaints are officially registered before a judge.  Judges read the charges against the defendant, and the defendant then has the opportunity to plead guilty or not guilty.  Arraignments are often the first official step of a criminal case. 

Preliminary hearings are legal proceedings where a judge reviews the evidence on hand to determine whether your case can be tried in a court of law.  Rules related to evidence are more relaxed—hearsay is allowed—and the prosecution must establish there is probable cause to believe that a crime was committed and you committed it.  Grand juries are not involved. 

As a criminal law attorney in Fairfax, Mr. Hicks can represent you in preliminary hearings and arraignments for any local, state, and federal criminal charges.

Why can seeking counseling or treatment make a difference if I have been charged with a crime?

Though having your record expunged effectively clears your criminal record of past convictions, erasing the impact of a DUI, domestic violence, or drug charge from your personal life is another matter entirely.  Mr. Hicks encourages—or, in some instances, requires—his clients to enter counseling.  Counseling or treatment may help save your marriage, repair your damaged reputation, and prevent you from falling farther into unhealthy or dangerous behavioral patterns. 

In terms of your legal options, your willingness to seek help can be turned into an asset in your defense.  Entering counseling or a treatment program before it is ordered by the court is seen as a proactive step in the right direction.

Why should I choose The Law Offices of B. R. Hicks to represent me?

Unlike Fairfax criminal law attorneys fresh out of law school or attorneys who concentrate solely on defense, Mr. Hicks knows how to try cases on both sides of the courtroom aisle.  He has spent more than 20 years of his career working as a full- and part-time prosecutor in criminal defense cases and has more than 26 years experience as a defense attorney.  He knows the tactics the opposition may use and structures his arguments accordingly.  His thorough understanding of state, federal, and Fairfax criminal laws can be an invaluable asset when building your defense.

To put experience on your side, please call or contact the Fairfax criminal law firm of attorney Bill Hicks to schedule an appointment.