Criminal Defense and Title IX

Few things in life are as scary or unsettling as having the police show up at your home or office with a warrant for your arrest. You are immediately pulled out of the world you know and thrown into an alien environment where it seems like everyone but you is in control and knows what is going on. The single most important thing you can do in this situation is exercise your right to call a attorney. With an experienced criminal defense attorney by your side, you’ll know what is going on and what to expect at every step of the process. Even more importantly, you’ll have someone with you who knows the law and process as well as anybody on the other side – someone who can zealously guard your rights, make sure you are treated fairly, and work to get you the best outcome possible.

In Virginia, call MichieHamlett if you are under arrest or if you have been contacted by law enforcement regarding any possible involvement in a potential crime. Our firm represents people throughout the state who have been charged with a serious felony or white-collar criminal offense. Make your first call be to MichieHamlett, and we’ll work to see that you are placed in the best position for a positive result in your Virginia criminal law matter.

Serious Felony Defense

Crimes are defined in the law as misdemeanors or felonies, depending on how serious an offense they are considered to be. Felonies are generally punishable by a year or more in prison and fines of at least $1,000. In Virginia, felony offenses fall into six different classes. A Class 6 felony is punishable with up to five years in prison and fines as high as $2,500. Potential prison time and fines increase in each class, up to a Class 1 felony, which can be punished with life imprisonment and as much as a $100,000 fine. Class 1 felonies are also capital crimes, with the added possibility that the death penalty might be imposed. In most cases, a convicted felon will receive a prison sentence that may or may not come with a fine, but the person would not only be given a fine without any prison time.

The criminal defense attorneys at MichieHamlett defend people accused of serious felony offenses, including:

  • Theft offenses – robbery, burglary, auto theft, dealing in stolen property
  • Violent crime – assault, sexual assault, homicide, murder
  • Drug crimes – trafficking, manufacturing, distribution

Being arrested and charged with a crime is only the start of the process, so don’t despair, and don’t enter a plea or give a statement to law enforcement until you have talked to an attorney. The prosecutors might not have the evidence to back up the charges they are seeking, and you might have defenses available that prove you didn’t commit the crime or no crime was committed. Our defense team will take a hard look at the evidence and craft a strategic defense on your behalf that might include any of the following:

Seek a Dismissal of Charges

There might be serious constitutional issues with the way a police stop, arrest, search or seizure was conducted. Where appropriate, we’ll work to have illegally obtained evidence excluded or suppressed, which can often lead to a dismissal of the case in court or a decision by the state not to prosecute.

Seek a Reduction in Charges

The prosecutor has the discretion on what charges to file, and they might file more serious charges than the weight of the evidence can bear. Some crimes are “wobblers” that can be charged as either felonies or misdemeanors. Getting a felony reduced to a misdemeanor is often an excellent result.

Seek Alternative Sentencing

Even if the state has a strong case against you, there may be reasons the government would rather accept a plea than go to trial. Obtaining probation or a treatment program instead of prison can be an excellent result when facing serious felony charges.

Defend You in Court

If your interests are best served by taking your case to trial, we’ll prepare and present a strong defense that challenges the prosecution’s case at every turn and puts forward all available defenses. Our goal at trial is a not guilty verdict or judgment of acquittal.

White-Collar Criminal Defense

Many serious felonies are white-collar crimes. White-collar crimes are defined as offenses committed through fraud or deceit, rather than the use of force or the threat of force. Examples of white-collar crime include forgery, counterfeiting, embezzlement, public corruption, and all types of fraud, such as securities fraud, tax fraud, wire fraud, Medicare fraud, etc.

All crimes in Virginia or federal criminal law are defined by statute. When it comes to white-collar crimes, these offenses are often amazingly detailed and complex, where violation of the law depends on some highly technical violation that not everyone clearly understands. These facts can make white-collar crimes difficult to prosecute and difficult to defend as well. Law enforcement agencies often spend months building a case and put a lot of government resources behind their prosecution. Call our office as soon as you become aware of a possible criminal investigation. We can use this time to find out what is going on with the government’s case and start building a defense or intervene on your behalf with state or federal officers even before charges ever get filed.

Title IX Defense

The federal government passed Title IX in 1972 as an amendment to the Civil Rights Act of 1964, expanding multiple civil rights protections to those participating in educational programs. The language states that no person shall be subjected to discrimination because of race, sex, religion, or many other protected characteristics. Colleges, universities, and any other educational programs that receive federal funds are bound to safeguard students by carrying out the terms and intentions of Title IX. Unfortunately, through their efforts, they frequently trounce upon the due process rights of others.

If you are facing allegations under Title IX, particularly accusations of sexual misconduct, it is critical to retain experienced legal counsel to defend your right to due process. Your future, or that of your child in college, depends upon taking quick action to protect your interests. Please contact the MichieHamlett Law Firm today to set up a consultation with a attorney. Some general information may help you understand the gravity of your circumstances.

How Title IX Claims Work in Virginia

Though Title IX was originally aimed at preventing a wide range of discrimination in the educational setting, college disciplinary actions often hinge on sexual misconduct. Assault, violence, harassment, and other acts on the basis of sex are views as so severe that they interfere with the affected student’s right to participate in educational programs.

As such, the institution is required to look into reports and punish those that violate Title IX protections. Administrators and other officials may:

  • Question the alleged offender, at times without an attorney;
  • Suspend the student for the duration of disciplinary proceedings;
  • Interview witnesses and collect statements;
  • Gather evidence, sometimes unlawfully; and,
  • Conduct a hearing under the oversight of the institution’s employees.

However, in their overzealousness to protect the school’s interests in receiving federal financial support, officials often harm the rights of the accused student. He or she may face expulsion and criminal charges, which can trigger requirements to register as a sex offender. Plus, the emotional burden and interference with educational pursuits can have long-term consequences.

How Our Title IX Defense Lawyers Protect Your Interests

At the MichieHamlett Law Firm, we are dedicated to protecting your interests and civil rights. We will aggressively defend you or your child throughout the investigation and disciplinary process, with a focus on:

  • Ensuring school administrators do not violate due process while investigating and questioning you;
  • Forcing officials to uphold their duty of confidentiality during the proceedings;
  • Uncovering evidence to exonerate you;
  • Representing you at hearings;
  • Responding to any type of retaliation you experience for engaging in protected activities; and,
  • Filing complaints with the US Department of Education if your civil rights are threatened.

Call the Virginia Criminal Defense Attorneys at MichieHamlett for Practical Advice and Strategic Defense

If you find yourself under investigation or if you have been arrested and charged with a white-collar crime or a serious felony offense in Virginia, call MichieHamlett at 434-951-7200 for immediate assistance. Call us as soon as possible for the best chances at the best result.