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Law Offices of Virginia L. Landry, Inc. Law Offices of Virginia L. Landry, Inc.
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FAQ

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  • Criminal Defense FAQ

    • What is a misdemeanor?
      A misdemeanor is a criminal offense that is punishable with less than a year of jail time. Misdemeanor offenses are considered less serious than felony offenses, but are still subject to strict legal penalties.
    • What is a felony?

      A felony is a criminal offense that is punishable with over a year of jail time. Commonly committed felonies include: murder, homicide, armed robbery, grand theft, embezzlement, rape, drug cultivation, multiple DUI offenses, and fraud.

    • I have not been charged with a crime, but I am being investigated. What should I do?
      If you involve an attorney early in an investigation, they can intervene and work toward having charged dropped or reduced before they are filed. If you are being investigated for a crime, call our Law Offices today at . We can advise you of your rights and provide valuable legal insight.
    • What should I do if stopped or arrested by law enforcement?
      The most important thing you can do if stopped or arrested by law enforcement is to exercise your right to remain silent. You should politely provide police with identification information, but you have a constitutional right to remain silent and request a lawyer. Don’t make the mistake of thinking you can talk yourself out of an arrest. Criminal law experts strongly recommend that you don’t speak to police without first consulting a lawyer.
    • Why should I hire an Attorney?
      Most people do not have the legal background or training to successfully represent themselves. If you are facing a criminal conviction, and life altering legal penalties, you need to place every effort into fighting your criminal charges. When you hire a criminal defense attorney, you ensure that you have an experienced advocate on your side that will do everything possible to obtain a successful outcome on your behalf. At the Law Offices of Virginia L. Landry we are fierce advocates of our clients’ rights and best interests. Contact our Orange County Criminal Defense Law Firm to discuss your case.
    • What types of cases does your Law Firm handle?
      Our Law Offices handle misdemeanor and felony cases involving: assault, weapon charges, drug crimes,domestic violence, theft crimes, sex crimes, juvenile crimes, and white collar crimes. We also represent clients who have been charged with DUI in court and at their DMV Hearings.
    • Can my charges be dropped?
      It depends. In some cases, charges can be reduced or dismissed. However, each case varies and depends upon the circumstances involved. If you have questions about your criminal charges, contact our Law Offices for an initial case evaluation.
    • I was not read my rights. Will my charges be dismissed?

      No, this does not mean that your charges are dismissed. When you are placed under arrest, law enforcement is supposed to read you your Miranda Rights. Miranda Rights inform you of your right to remain silent, right to an attorney, and right to have an attorney appointed to you. If law enforcement fails to read you your rights, anything you may have said prior to your arrest may not be admissible in court, or used as evidence by prosecutors.

    • Will my case go to trial?
      All cases are unique and whether or not your case will go to trial will depend on a number of circumstances and factors. At our firm, we counsel clients throughout their legal journeys, discussing what they can expect and what their available options may be. In some cases, charges can be dropped or significantly reduced. In others, a trial may be the best option.

  • DUI FAQ

    • Should I accept a plea bargain for my DUI?
      There are times when a driver facing drunk driving charges will be offered a plea bargain by the prosecuting attorney. Essentially, a plea bargain involves the defendant pleading guilty to a lesser charge in order to keep the case out of the courtroom. It may save time and tax dollars to avoid a trial, but there are situations where a plea bargain is truly not in the defendant’s best interests. The important thing to remember with DUI plea bargains is that you will have a conviction on your criminal record. Perhaps this will be for a lesser offense than what you were originally charged with, but a criminal record of any kind may negatively impact you in many ways.
    • Why hire a DUI attorney?
      If you have been charged with DUI, it is important that you hire a skilled attorney. A DUI attorney has the training, knowledge, and experience it takes to successfully contest your DUI charges. By hiring a DUI Defense Lawyer, you ensure that your rights and best interests will remain protected throughout the criminal case process.
    • What is the 10 Day Rule?
      After a person has been placed under arrest for driving under the influence, he/she will receive a temporary driver’s permit that will allow him/her to drive for 30 days. From the date of the person’s arrest, he/she has 10 days to schedule a DMV Hearing to contest the suspension of his/her driver’s license. If the person does not schedule a DMV Hearing, his/her driving privileges will remain suspended after the temporary permit expires.
    • What are Standardized Field Sobriety Tests (FST)?
      Field sobriety tests (FST) are agility tests that are used by law enforcement to determine if a person is impaired by drugs and/or alcohol. If a person is believed to have been driving while under the influence, law enforcement may request that the person perform a series of field sobriety tests before deciding to make a DUI arrest.
    • What happens if a person’s BAC is 0.08% or higher?
      If a person’s BAC is 0.08% or higher, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit. This permit will allow the person to drive for up to 30 days. After the 30 day period, the person’s driving privileges will be automatically suspended if no hearing is requested.
    • What is Blood Alcohol Concentration (BAC)?
      Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol that is present in a person’s blood stream. A person’s blood alcohol concentration can be determined through the administration of a breath, blood, or urine test.
    • What are Miranda Rights?
      Once a person is placed under arrest, he/she must be read his/her Miranda Rights by law enforcement. Miranda Rights inform a person of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her.
    • What are the legal penalties for DUI?
      The penalties for DUI convictions vary and will depend upon several factors. If a person is convicted of DUI, he/she may be sentenced with jail time, monetary fines, DUI School, community service, probation, driver’s license suspension, and installation of an ignition interlock device.
    • What is driving under the influence (DUI)?
      Driving under the influence is legally defined as driving while impaired by drugs and or alcohol; and/or driving with a blood alcohol concentration of 0.08% or higher.
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