     EXCELLENT

Arlington County rules on Continuances and Discovery in General District Court

Most all attorneys in Northern Virginia practice in all Northern Virginia Courts. So knowledge of the different procedures in Arlington, Alexandria, Fairfax, Prince William and Loudoun, among others, is paramount. An attorney who does not know the subtle differences between jurisdictions will fail his clients. This article talks about the Continuance and Discovery procedures in Arlington County. Your Traffic, DUI and Reckless Driving Lawyer Arlington VA must know these rules.

Continuance: Fairfax has convenient procedures to obtain continuances. A continuance is a request by a Defendant or his attorney to delay the current court date to another day in the future. For most first time continuances, Fairfax does not require it to be granted directly by a Judge. You can get your continuance by filing with the Clerk. First time requests for continuances are routinely granted in Fairfax for both the Defense and the Prosecution. But subsequent requests are frowned upon. This is because Fairfax in the largest jurisdiction in Virginia, and the Judges need to manage their dockets and get cases moving through the system. So for multiple continuances, Fairfax requires “good cause” (such as illness or lab results not being available).

Discovery: Virginia is an outlier in the entire U.S. on this issue. Most states require a lot of information be provided to the Defendant. In Virginia, all that the law and Court Rules require the Commonwealth’s Attorneys to provide is evidence showing the Defendant’s innocence (such as a witness who can attest to an alibi, or a video showing innocence) or any Defendant’s statement (such as when the Defendant talks to Police after being read Miranda warnings). The lack of discovery has been a controversial topic for a long time in the Virginia House of Delegates and Senate. What the majority of attorneys desire before a trial is a police report and any statements of witnesses to the crime. These allow a lawyer to determine if he can win a trial, or, if he can’t win, to begin negotiating a plea. The problem is that the law does not mandate that the Commonwealth’s Attorneys office give the defendant or his attorney the police report or witness statements. Bills have been submitted in the State Legislature to require these be disclosed, but they are routinely killed. The good news is that the Arlington County Commonwealth’s Attorneys have been willing to let defense attorneys see police reports! All Traffic, DUI or Reckless Driving Lawyer Arlington VA needs to do is call the prosecutor’s office and set an appointment!

Continuance:

By order if agreed by Prosecutor and filed at least 7 days prior to a hearing.
By motion if less than 7 days or opposed. Time of the motion varies depending on what Prosecutor it is.

Discovery:

Call Prosecutor to request and view (about 2 weeks prior to a hearing).
No motion needed.
Done in person.

Client Reviews

    
 
 
       Posted on Google  
   
   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
      Posted on Google  
   
   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
      Posted on Google  
   
   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
      Posted on Google  
   
   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
      Posted on Google  
   
   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
      Posted on Google  
   
   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
      Posted on Google  
   
   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
      Posted on Google  
   
   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
      Posted on Google  
   
   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
      Posted on Google  
   
   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.