Criminal, DUI, & Traffic

About Criminal Representation

The Firm handles nearly every type of criminal representation needed by our clients.

Group Mission Statement

Every accused client is innocent until proven guilty; has the right to due process of law and all of the rights conferred by the U.S. Bill of Rights; is entitled to competent, aggressive, and cost-effective representation; and is entitled to be fully informed of all courses of action before making any decisions.

Felony Representation

A felony conviction poses serious consequences. Felony convictions forfeit your right to vote, inhibit future employment prospects, and create other mammoth hurdles for your future. Most people do not realize that crimes such as first-offense simple cocaine possession, writing a bad check for more than $200, and being involved in a hit & run accident where someone is injured, usually result in a felony charge. Over the years, the Firm has assisted many clients who have been charged with a crime from complex sex crimes to minor financial crimes. If you have been charged with a felony, you need to be represented by a lawyer. The consequences are too severe to attempt to handle such a problem without proper representation.

Misdemeanor Representation

In Virginia, misdemeanors can carry a sentence up to twelve months in jail or a $2,500 fine. However, this type of sentence is usually reserved for the repeat offender or crimes causing significant financial or personal injury. Nevertheless, misdemeanors can be serious and can carry repercussions for the future. In addition, many governmental agencies and contractors require their employees to obtain security clearances, and a misdemeanor could put your clearance in jeopardy. Furthermore, sentences can vary significantly from jurisdiction to jurisdiction due to local practice.

Juvenile Problems

Representation of juveniles is unique. In Virginia, all juvenile cases are first tried in the Juvenile and Domestic Relations Court (J&DR). The J&DR Court has its own set of procedures, elements of proof, and sentencing alternatives. It is also one of the busiest courts in every jurisdiction. For instance, a DUI or drug possession conviction can result in special penalties for juveniles including the automatic loss of a driver's license for one year. Additionally, the DMV is required to suspend a juvenile's driver's license for ninety days after conviction of two moving violations and further sanctions on a third conviction for all juveniles licensed after July 1, 1998. The Firm's attorneys have represented juvenile offenders for many years and have the experience needed to guide a juvenile through the adjudication process.

Driving While Intoxicated (DWI)

DWI has become one of the most problematic offenses one can be charged with today. Studies have shown that the average DWI can cost a convicted person as much as $25,000 of fines, costs, alcohol classes, insurance, lost wages, and attorney's fees. Depending on weight, one can reach a .08 breath or blood-alcohol-content (B.A.C.) by consuming as little as three drinks in a short period of time. DWI's carry a mandatory seven-day administrative license suspension if you blow .08 BAC and a mandatory one-year license suspension if you are convicted for a first offense. Additionally, one faces fines and possible jail time, not to mention the difficulty in obtaining a restricted license. As of July 1, 2004, there are new enhanced penalties reflected on the attached chart. If you test out at 0.15 BAC or higher - even as a first offender - the Court is required to impose five days in jail. The Commonwealth can forfeit your car for conviction of a third offense. These consequences do not begin to even approach the thousands and thousands of dollars of insurance expenses and headaches a DWI conviction causes over the ensuing years. DWI litigation calls upon every possible facet of a trial attorney's expertise - there are complex statutory hurdles for the Commonwealth to meet, subtle evidentiary requirements, Constitutional issues, and on some occasions, a need for a forensic toxicologist or other physician to explain the complex physiological interactions alcohol can have with other drugs and medical conditions. Clients (and some attorneys) often seem to forget that in a criminal case, the issue is not one of guilt or innocence but whether the Commonwealth can prove you guilty beyond a reasonable doubt with the evidence that it has. Because of these issues, you should be very careful with the attorney you hire. Your attorney should make the Commonwealth prove each and every element of their case in order to meet their burden of proof. For instance, your attorney should fully document the breathalyzer machine, review maintenance records, enter a discovery order, calculate your actual B.A.C., and interview your corroborating witnesses. Our attorneys have the experience necessary to guide you through this maze and recommend a well-reasoned, cost-effective strategy. We will explain all of your options and investigate all of your defenses.

Traffic Problems

Due to the recent spate of road rage in Northern Virginia, local police are becoming more aggressive in ticketing and the Courts are becoming tougher in sentencing traffic violations. Although most traffic charges result in simple fines, many can result in license suspensions and jail. For some people, loss of a license can seriously impeded their capacity to earn a living. Many people do not realize that speeding 76 MPH on I-495 subjects them to the charge of Reckless Driving with maximums of twelve months in jail, $2,500 in fines, and a six-month license suspension. In addition, most traffic charges result in an administrative assessment of points on your driver's license. However, unlike other states, points are not controlled by the Courts and are therefore not negotiable. In addition, if you accumulate too many points, your license could be administratively suspended by the Department of Motor Vehicles. The Firm's attorneys have negotiated thousands of traffic charges in our areas courts through the years and are fully prepared to assist you in resolving traffic charges, negotiating with local prosecutors and hopefully minimizing your consequences.

Attorneys

Scott A. Surovell
John C. Bazaz