In Fairfax, ICE will not be contacted by the government unless your case is so serious that the prosecutor or officer personally notifying ICE OR you serve time in jail.
Whenever any non-US citizen is placed in the Fairfax County Adult Detention Center, prior to there release, an ICE representative runs their immigration status and if they are deport-able then they notify ICE and an ICE detainer is issued. The Sheriff's Officer will then hold that person in jail after their sentence is up...
Va. Code 46.2-878 is the standard speeding statute for any roads with speed limits that are less than 55 mph. This statute is NOT the statute that covers speeding in special residential zones.
According to Va. Code 46.2-878 a speed limit sign must be "properly posted". The definition of what "properly posted" means is not set in stone but the speed limit must be posted.
However, Va. Code 46.2-875 creates a default speed limit of 35 mph on all roads inside a city or town other than certain...
Contact a local attorney immediately. All of us do free consultations so there is no reason not to.
Here are some things you should consider. 1) If you were charged with a criminal offense then not showing up to court could result in an arrest warrant being issued against you and that warrant would appear on the databases of border officials. The Department Of Home Land Security regularly seizes people at the border for outstanding arrest warrants.
If you are charged with a criminal...
You definitely need a reckless driving attorney. The many outcomes and penalties of reckless driving can be complex. For more information about the likely penalties of reckless driving check out these links:
If the officer saw you driving it doesn't matter as much what you were doing when he arrested you. However, we don't know what the officer did or did not see. It also matters a lot what crime you were charged with. DUI, Driving on a Suspended License, Hit and Run ect. These laws have different rules about being behind the wheel and what is "driving".
If this is a DUI, check out some of these common DUI defense.
If your capias is for revocation of your probation then the max sentence you can receive is equal to the total amount of suspended jail time you got on your original charge. One way to find out your suspended sentence is to look it up online through the Virginia Supreme Court Website. Find your case online and at the bottom it will say how much suspended jail time you received. That tells you how much jail time you may receive if you receive a capias for violating that probation.
Here is a...
talk to an attorney BEFORE you take the class. Some counties offer programs for drivers who have clean records, but only if they have not taken a DMV class within 2 years. This may or may not apply to you so talk to a local attorney first.
For more information about some of the ways to beat a reckless driving by speed ticket check out this link.
Typically they will hold him for about a week until Hampton arranges to come get him but this can change depending on how busy they two jails are and whether Hampton is willing to pay for his incarceration in Alexandria.
For more information about how jail time and "time served" is calculated check out this link.
Remember that this is a criminal offense so hiring an attorney is the safe bet, but to answer your question here is an article I wrote on common ways to beat or reduce a reckless driving by speed ticket in Virginia.
You never have to talk to the police. They only way you can be forced to talk about something you witnessed is if you are a subpeoned to court as a witness. If that happens you can hire an attoreny to make a motion to quash the subpeona inorder to convince a judge to withdraw the subpeona.
Luke J Nichols
Spectrum Legal Defense