Criminal Defense

Experienced Criminal Defense Lawyers Defending Northern Virginia

Cases we handle

Experienced Criminal Defense Lawyers

Sex Crimes

DUI/DWI

Traffic Violation

Violent Crimes

Drug Crimes

Theft

Juvenile Law

Our criminal defense lawyers fight for your rights

Many people who are arrested or accused of crimes are torn between wanting their stories to be heard and wanting to maintain as much privacy as possible. In hopes of defending themselves, they sometimes make mistakes that affect the outcomes of their cases—and they’re often unaware of the consequences and potential alternatives until it’s too late.

The criminal justice system can be complex, and handling criminal charges alone can be a big mistake. Whether you’re facing a first-time DUI or serious felony charges, you only get one chance to defend yourself and make sure your side of the story is heard. Our criminal defense attorneys are local to Fairfax and help people across the D.C. region understand their rights after an arrest, make informed decisions, and work toward getting charges dismissed or building a strong defense for trial. For more information, or to talk to one of our experienced criminal defense lawyers now, reach out to Kearney, Freeman, Fogarty & Joshi, PLLC at 877-652-1553.

What to Do If You Have Been Arrested or Accused of a Crime in Northern Virginia?

If you have been arrested for a jailable offense, it’s very important that you fully understand your rights before you make decisions in your case. Many times, there may be alternative options available at certain stages of the legal process that can help you get the best outcome for you, but if you are unaware of your rights, it is easy to lose those options as your case moves forward. If you or a loved one is arrested, it is very important that you:

  • Don’t speak to the police or make decisions about your case until you’ve talked with an attorney
  • Don’t talk about the details of your case with anyone but your attorney, even if the person asking is a friend or family member
  • Contact a criminal defense lawyer as soon as possible

You don’t have to wait for the situation to get out of control before you contact an attorney. Although it can be difficult to remain quiet when so much is at stake, getting informed and getting help as soon as possible are the best ways to protect yourself in a difficult and confusing situation.

Types of Cases Our Criminal Defense Attorneys Handle

Our attorneys represent people who have been accused of many different types of criminal cases, including:

  • 1

    DUI and license suspension

  • 2

    Traffic violations

  • 3

    Felony offenses

  • 4

    Murder or manslaughter

  • 5

    Assault and battery

  • 6

    Domestic assault

  • 7

    Drug possession and distribution

  • 8

    Theft offenses

  • 9

    Fraud and embezzlement

  • 10

    Gun and weapon offenses

  • 11

    Juvenile crimes

  • 12

    Expungement of criminal records

Contact our defense lawyers today to protect your rights and your future

Our criminal defense lawyers can be there for you from the very beginning of your case through the appeals process. We believe in a personal approach with our clients, and we won’t just pass you off to a paralegal. We are ready to listen to what you have to say, and we are prepared to provide an aggressive defense in your case.

Why working with an experienced criminal defense lawyer can make a difference

Because choices aren’t always clear, and it’s easy to make mistakes or misinformed assumptions about the criminal process, having someone familiar with local law and courts is essential. The experienced criminal defense lawyers at Kearney, Freeman, Fogarty & Joshi, PLLC, believe in involving clients throughout their defense. Working with us means gaining a highly informed and experienced ally. We are committed to doing everything possible to help you reach your goals and ensure a fair trial.

We believe in keeping clients involved in their defense every step of the way, and we will:

  • 1

    Speak with you honestly

  • 2

    Keep you informed

  • 3

    Explain what to expect

  • 4

    Help you make informed decisions

  • 5

    Make sure you understand your options after an arrest

  • 6

    Help you work toward the best outcome in your individual circumstances

  • 7

    Work toward having charges or evidence dismissed when possible

  • 8

    Uncover police mistakes or violations of your rights

  • 9

    Create a strong legal argument in your defense

  • 10

    Defend you in court

  • 11

    Help you work through the appeals process, if needed

Frequently asked questions

Find useful responses to frequently asked questions. Please note that this is not legal advice, contact our lawyer to discuss your case.

Your spouse’s lack of cooperation does not mean the charges against you will be dropped. You may still face severe penalties if you’re convicted, so you should still take these charges seriously. It is the government, not your spouse, that has authority to bring criminal charges against you and will decide whether to proceed with a criminal case or drop the charges.

Domestic Assault Evidence

To be convicted of domestic assault, the government must prove its case against you beyond a reasonable doubt. Often, this includes using your spouse’s testimony. However, some assault victims recant their accusations and statements to the police because they fear future retaliation from the abuser or out of a sense of guilt. Even if your spouse recants her statements or refuses to provide testimony, the government may build its case by providing evidence, including:

  • Police reports
  • Medical records
  • Photographs of injuries
  • 911 recordings
  • Social media posts by you, your spouse, or others
  • Witness testimony if others were present at the time of the suspected assault

It’s likely that your spouse has valuable testimony about the abusive incident or ongoing domestic violence that the Commonwealth of Virginia wants to use in the case against you. If your spouse refuses to cooperate, the Commonwealth may lose powerful testimony, but it may still win its case.

Talk to a Criminal Defense Lawyer About Your Rights

If your spouse recants her testimony or refuses to cooperate with the government, it is still important that you to take domestic violence charges seriously and talk to a Fairfax criminal defense lawyer as soon as possible.

If you are convicted of domestic assault in Virginia, you could spend time in jail, pay a significant fine, lose any job-related security clearance, and possibly lose your job. Contact the criminal defense lawyers of Kearney, Freeman, Fogarty & Joshi to learn more about your rights and to make sure your rights are protected.

In Virginia, a person under the age of 18 cannot consent to sexual activity, and the penalties for someone who violates the law and has sex with an underage child can be significant. However, there are exceptions to the law, and sexual activity with a teenager is not always a crime.

Virginia Statutory Rape Laws

Several different statutes apply to what is commonly called statutory rape, including:

  • Having sexual intercourse with a child who is under the age of 13 is rape, according to Va. Code § 18.2-61
  • Having sexual intercourse, oral sex, anal sex, or sexual penetration with an object with a child between the ages of 13 and 15 is a crime, according to Va. Code § 18.2-63
  • Sexual abuse, incest, exposing oneself to a child, and suggesting an illegal sexual act to a child are also against the law in Virginia.

Defenses to Virginia Statutory Rape Laws

A potential defense depends on the unique circumstances of an individual case. However, some defenses include:

  • The ‘Romeo and Juliet’ exception. This exception is used when there is consensual sex between minors who are less than three years apart in age. For example, teens between the ages of 13-15 or 15-17 could have consensual sex, and the penalty is reduced from a felony to a misdemeanor.
  • The ‘Marital’ exemption. This allows consensual sex between a minor, 15 years or older, who is married to someone over 18.

Don’t Leave Your Defense to Chance

If you’ve been charged with statutory rape, you may believe you’re morally and ethically innocent. However, if convicted, you face a potentially significant sentence that includes between one year and life in prison and a fine of $2,500 – $100,000. Additionally, you will be required to register as a sex offender. Contact us today to learn more about your rights and what you need to do to protect yourself.

If you need a criminal defense attorney, the person you hire could play a pivotal role in whether you go to jail, pay significant fines, or face other legal penalties.

What to Look for in a Criminal Defense Attorney

As you consider different attorneys to represent you in your criminal case, it is important to think about:

  • Whether the lawyer has experience in the local court system
  • Whether the lawyer will explain all of your options to you, so you can make informed decisions
  • Whether the lawyer has trial experience and can/will participate in plea bargaining
  • Whether the lawyer will be available and willing to answer questions as your case progresses
  • Whether the lawyer will represent you if you need to appeal

When you’re making a decision about legal representation, it is often a mistake to hire a lawyer who does not specialize in criminal law. You may have a used a great attorney for a real estate closing or to draft your will, but if you have been charged with a crime, you need a criminal defense lawyer to represent you.

Questions to Ask Before Hiring a Criminal Defense Lawyer

When you’re looking for a criminal defense attorney, it’s important to schedule an initial meeting before you hire anyone. At that meeting, you can get to know the lawyer and how he can help you. You may consider asking questions, including:

  • How often do you appear in the court where my case will be heard?
  • How frequently do you go to trial? How many of your cases end in plea bargains?
  • Have you ever handled a case similar to mine before?
  • What are my legal options?
  • Do you see any potential problems with my defense?
  • Who else at the firm will be working on my case?
  • Can I call you if I have any questions about my case?
  • How are you paid?

Contact us to schedule your first appointment with the experienced Northern Virginia criminal defense lawyers at Kearney, Freeman, Fogarty & Joshi, PLLC.

Police can legally operate sobriety checkpoints in the Commonwealth of Virginia, but their right to stop and search a driver is not unlimited. Instead, the Fourth Amendment to the United States Constitution protects drivers from unreasonable search and seizure and gives drivers certain rights at sobriety checkpoints.

What Police Can and Cannot Do at a Sobriety Checkpoint

The police must publicize a sobriety checkpoint before operating it. This information may be found on the police department’s website and usually in the local newspaper. At this checkpoint, the police can’t do the following:

  • Stop every vehicle that goes through the checkpoint. Instead, police may stop vehicles according to a predetermined pattern such as every third or fifth car. Of course, this does not prevent the police from pulling you over if they have reasonable cause to believe that you have violated the law.
  • Insist that you take a BAC test or field sobriety test simply because you drove through the checkpoint. However, the police may require one or more of these tests if they reasonably believe you are intoxicated.
  • Require you to answer questions about where you are traveling from or what you were doing prior to being pulled over. While you should always be polite to the police and provide your license and insurance information, you do not have to answer questions that may be self-incriminating.

While you may not be able to prevent being pulled over at a DUI checkpoint, you can control what happens after the police stop your car.

Protect Your Rights at a Virginia DUI Checkpoint

Understanding what the police can and cannot do is the first step in protecting your rights at a sobriety checkpoint. However, if you are arrested for drunk driving in Virginia, you need to take further action. You need to contact an experienced DUI defense lawyer quickly for help getting the charges against you possibly reduced or dismissed.

The criminal penalties for drunk driving in Virginia can be significant. Call us, or contact us via this website for a free, no-obligation consultation about your rights, so you can protect your future.

If the state has suspended your license, you’re not allowed to drive unless you have a restricted license that allows you to drive to and from specific locations such as work, school, and medical appointments.

Penalties for Driving With a Suspended License in Northern VA

Virginia law classifies driving on a suspended license as a criminal misdemeanor. The potential legal penalties depend on how many times you’ve been caught driving with a suspended license. Specifically, you may face:

  • Up to 12 months in jail, up to $2,500 in fines, and an additional suspension of your license for your first or second offense.
  • A mandatory minimum 10-day jail sentence plus up to 12 months in jail, up to $2,500 in fines, and an additional suspension of your license for your third or more offense.

How a Lawyer Can Help in A Criminal Case

To be convicted of driving on a suspended license, the Commonwealth of Virginia must prove that you were driving a motor vehicle on a public road, that your license had been suspended, and that you knew that your license was suspended when you were driving. If the prosecutor cannot prove one or more of these elements, you cannot be convicted. An experienced lawyer can help determine whether you have a defense that could be successful in court.

However, our experienced lawyers may be able to help you even before you are charged with a misdemeanor. If you believe that your Virginia driver’s license was wrongfully suspended, we may be able to help you get your license reinstated. Likewise, if you believe your license is about to be wrongfully suspended, we may be able to help you before that happens.

Not being able to drive can have a significant impact on your life, on your ability to work, and on your ability to take care of your family. However, it is important that you don’t make matters worse by driving on a suspended license. For more information about how to protect your rights, please contact us.

Testimonials

What our clients are saying

“Kearney, Freeman, Fogarty and Joshi, PLLC have been an invaluable resource for me as a business owner. Their entire team is dedicated, professional and extremely resourceful. I highly recommend their legal services for representation in any area.”

Heather C., The Model Source, Inc.

“Mr. Kearney is very professional, but also kind and caring. My family has used his services several times, and has always been happy with the results. I always refer him to my friends and family!”

Marsha Belvis

“Jim Kearney is an amazing individual. He always answered all of my questions, and made me feel comfortable when talking to him. He was very patient, caring, and attentive to all my needs.”

Said A.

“Best law firm I have ever worked with. I use Freeman for my personal and business needs. He is loyal to his customers and goes out of his way to make sure you are taken care of. This firm is amazing…”

Ian Purcell