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Frequently Asked Questions about Criminal Defense

Q: Is unsuccessfully attempting to commit a crime an offense?

A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt.

Q: What is the role of the grand jury?

A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent.

Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Northern Virginia

Criminal Law Information Center

Kearney, Freeman, Fogarty & Joshi, PLLC

If you are under investigation or have been arrested and charged with committing a criminal offense in the Washington Metropolitan Region, including Fairfax and all of Northern Virginia, talk to an experienced criminal defense lawyer before making any statements to the police or prosecutors.

At Kearney, Freeman, Fogarty & Joshi, PLLC, we have decades of combined legal experience in criminal law cases and defend clients against charges ranging from misdemeanor shoplifting to felony possession with intent to distribute narcotics. The following information is intended to provide you with a general scope of criminal law issues and facts. To learn more or to schedule a free consultation with an experienced criminal defense lawyer from our firm, contact us directly today.

Criminal Defense - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

Constitutional Protections of the Criminal Defendant

When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.

Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.

The Death Penalty

Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.

Finding a Job After a Criminal Conviction

Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who ultimately harm others. However, the laws vary widely from state to state about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your rights and restrictions.

Criminal-Defense Resource Links

Equal Justice, USA
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.

ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.

Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the US and internationally.

The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.

Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal-justice policy.

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Licensed to practice law in Virginia, Maryland and the District of Columbia.

KFFJ, PLLC provides high quality legal services to people who are faced with personal injury, wrongful death, family law or criminal law concerns. Our Northern Virginia lawyers serve the entire Washington Metropolitan area, including: Fairfax, Alexandria, Vienna, Herndon, Manassas, Woodbridge, Leesburg, Chantilly, Centreville, Falls Church, Fredericksburg, Warrenton, Fauquier, Culpeper, Reston, Sterling, Oakton, Great Falls, McLean, Fairfax Station, Springfield, and Burke, as well as Quantico Marine Base, Fort Belvoir, Fort Myer, and the Pentagon, as well as Rockville, Gaithersburg, Bethesda, Potomac, Oxon Hill, Lanham, College Park and all of the towns and cities in suburban Maryland.

Virginia: Fairfax County ▪ Arlington County ▪ Stafford County Prince William County ▪ Loudoun County ▪ Spotsylvania County ▪ Stafford County and the City of Alexandria

Maryland: Montgomery County ▪ Prince George's County ▪ Charles County ▪ Calvert County ▪ Anne Arundel County ▪ Baltimore County