Q: How to address assault and weapon charges based on hearsay in VA?
I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before the accusation, during which I called the police, but nothing resulted from that. I now have a warrant for my arrest, and I haven't received any legal advice or assistance. How can I address these charges based solely on hearsay?
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- Virginia
- (703) 576-5005
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- Answered
A: Many cases are charged and prosecutors without eyewitness testimony or direct evidence, and you could be convicted as a result of circumstantial evidence. You should consult with a criminal defense attorney in your area about the specific facts of the case and the common practices of the jurisdiction in which you're charged. You can find one on this site (Justia) or through the Virginia Lawyer Referral Services (https://vlrs.community.lawyer/).
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- Virginia
- (804) 250-1721
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A: Any charge that could result in a jail sentence will go through an arraignment hearing first. At the arraignment hearing, the judge will discuss your trial date and also whether you qualify for a court-appointed lawyer, whether you intend to hire a lawyer, or if you intend to represent yourself. Unless you hire a lawyer ahead of the arraignment you're not going to be given legal advice about your case this early. As far as the strength of the prosecution's evidence, that's something that will need to be determined through efforts such as filing for discovery.
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