FAQ

When arrested in Fairfax, the first and most crucial step is to exercise your right to remain silent and consult with a legal representative. Contacting a skilled criminal defense attorney in Fairfax immediately is vital, as they can provide guidance on interacting with law enforcement and help navigate the initial legal proceedings. The complexities of the Fairfax legal system, due to its strict enforcement strategies, require knowledgeable navigation to ensure that your rights are protected and strategic decisions are made early on. Your attorney will be instrumental in addressing initial concerns, such as bail hearings and gathering critical early evidence.

In Fairfax, misdemeanor charges are typically categorized as less serious offenses compared to felonies. Misdemeanors may lead to penalties such as fines or jail time of up to one year, whereas felonies involve more severe punishments, including longer prison sentences, significant fines, and lasting consequences on civil liberties. Understanding the distinction between these charges is crucial as it impacts your legal strategy and how your criminal defense lawyer in Fairfax can advocate for reduced penalties or altered charges based on the case's specifics.

Penalties for criminal convictions in Fairfax vary based on the nature and severity of the offense. Possible penalties include incarceration, probation, community service, and fines. Additionally, a criminal record can affect employment opportunities, limit housing options, and have social ramifications. An experienced defense attorney in Fairfax will work to minimize these penalties and possibly negotiate alternatives such as rehabilitation programs or reduced sentences, considering individual circumstances and the broader impact on one's life.

Traffic violations in Fairfax can lead to various penalties, such as fines, license points, or even license suspension. The accumulation of points can increase insurance rates and is something legal counsel can assist with by potentially contesting the violation or negotiating reduced penalties. Understanding the local DMV regulations and court procedures is essential to effectively managing and mitigating the impacts of such violations on your record.

During a court appearance in Fairfax, you can expect a formal and procedural atmosphere. Your lawyer will stand by your side, providing necessary guidance and representation. It's imperative to follow decorum, listen to your attorney's advice, and be prepared to respond to questions if needed. Our firm ensures that you know what to expect, including what to wear, how to address court officials, and how to handle any questions from the judge or prosecutor, ensuring you're prepared and confident throughout the process.

A chapter 7 bankruptcy wipes out most of your debt so that you are no longer responsible for those pre-petition/pre-bankruptcy debt. Therefore, any creditors which existed at the time you filed bankruptcy cannot try to collect that debt from you. A chapter 7 can be filed by an individual or an entity. Chapter 7 is oftentimes the best option for our clients who are looking to get a fresh start.

Chapter 11 is a reorganization and is typically seen with corporations that have a large amount of debt. This requires the corporation (or individual) to propose a plan minimizing expenses/costs and creating new sources of income/revenue.

Chapter 13 puts you on a payment plan to re-pay your debt. This is oftentimes seen when a debtor is behind on his mortgage payments or some other kind of secured debt. Chapter 13 allows the debtor to pay back the amounts in arrears in increments in addition to the monthly payments. This is usually not the best often if you only have unsecured debt or are current with your secured debt payments.

Yes, but you will only get a discharge if a certain amount of time has passed since the filing of your last bankruptcy.

If you previously filed a chapter 7 bankruptcy, you must wait 8 years from the date of your first filing before filing a new chapter 7. If you previously filed a chapter 13, you must wait 6 years to file a chapter 7; however, there are exceptions to the 6-year waiting period.

If you previously filed a chapter 13, you must wait 2 years to file a subsequent chapter 13. If you previously filed a chapter 7, you must wait 4 years to file a chapter 13 in order to get a discharge. However, in certain circumstances, filing a chapter 13 before the 4 year period passes may be beneficial.

Typically, the process takes 90-95 days to receive a discharge from the date we file your bankruptcy.

The 341 meeting is generally a meeting attended by the debtor, the debtor’s attorney, and the bankruptcy trustee. However, creditors are given notice of this meeting, so they may attend as well to ask their own questions. The 341 meeting is a time for the trustee to ask you questions about your case. The trustee’s job is to verify the information in your bankruptcy petition and schedules and to determine whether you have any non-exempt assets. The trustee can ask you about your personal assets, real estate you may own, employment, tax refunds, and if anyone owes you any money. Don’t worry, your attorney will be right next to you during this meeting. We also meet with you beforehand to go over everything so that you know what to expect and the types of questions the trustee will ask. We know because we attend these meetings each and every week. I like to call this process an ID verification because for the vast majority of my clients, that's exactly what it is.

Our legal fee for a basic chapter 7 bankruptcy starts at $899. However, depending on the facts and your situation, your case may require additional work (dismissal of lawsuits, dismissal of garnishments, the release of judicial liens, the release of judgments, etc.). The best way to obtain an estimate is to call to make an appointment for your FREE bankruptcy consultation with our experienced bankruptcy attorney.

Most often, YES. Many times the amount of secured debt secured by the home is in excess of the value of the home. A lot of times your home may be titled in the name of you and your spouse and could be entitled to the tenancy by entirety exemption. Even if you have equity in your home, do not worry. Speak to one of our qualified bankruptcy attorneys. We can help explain the Virginia exemptions applicable to your home and help make sure your most precious asset is protected.

Once you retain our firm and made your initial deposit, tell them you hired a bankruptcy attorney and give the collection company our name and phone number.

The most common purpose for an individual to file bankruptcy is to obtain a discharge of debts, meaning that the individual is relieved of the legal obligation of having to pay them back. Generally, the discharge applies only to debts which arose before your bankruptcy case was filed, and only covers those debts that you listed. Among others, child support, alimony, and most student loans are not dischargeable.

Secured debts, like car loans and mortgages, are also discharged, but if you fail to pay them, the secured creditor can repossess or foreclose its collateral as the discharge does not by itself alter creditors’ lien rights.

For a chapter 7 filing, 10 years from the filing date. For a chapter 13 filing, 7 years from the filing date.