Criminal
Defense
At
Barbara S. Jenkins, Esquire Attorney at Law I provides
efficient and affordable criminal defense in both
Virginia's state and federal courts of original and
appellate jurisdiction. Whether your matter is a misdemeanor
or a felony, our attorneys will investigate, research,
and argue your case for the fullest protection and
vindication of your due process rights.
Virginia's
state courts are organized into two initial levels:
courts of record, and courts not of record. The courts
not of record are the combined district courts: the
Juvenile and Domestic Relations District Courts, and
the General District Courts. In a criminal law context,
the Juvenile and Domestic Relations Courts exist to
hear misdemeanor cases committed by or regarding juveniles
or otherwise committed within a domestic context,
as well as certain preliminary hearings. In the criminal
law context, the General District Courts exist to
hear misdemeanor cases (as well as traffic cases),
and preliminary hearings in felony cases. The Circuit
Courts exist to hear all felony cases, as well as
misdemeanor cases originating from a grand jury indictment,
and appeals of all General District Court and Juvenile
and Domestic Relations District Court cases. In Virginia,
you have an automatic right to appeal any criminal
law decision arising in a district court to the Circuit
Court. Our attorneys will counsel you as to the availability
and advisability of appeals, and can represent you
on appeal whether you were represented by a Barbara
S. Jenkins, Esquire in your district court case or
not.
We
believe that good criminal defense requires a thorough
factual investigation, knowledge of the criminal law,
and a good working knowledge of procedural law. Furthermore,
it is not enough to be aware of all of the elements
of a crime and all of the elements of your due process
rights. Someone must put the Commonwealth to the test
and require proof of each and every element of the
crime charged, proof of the reliability of all equipment
used, and proof that all of your due process rights
have been protected right up to and including the
day of trial.
Are
you thinking about an appeal? Hurry! Virtually any
final decision of a state district court can be appealed
to a state circuit court, but you must note your appeal
within ten (10) days of that final decision. Many
final decisions of a state circuit court can be appealed
to the Virginia Court of Appeals, but most such appeals
must be noted within thirty (30) days of that final
decision. In addition to noting the appeal, steps
must often be taken very quickly in the court to which
you are appealing. Many attorneys will not want to
represent you in an appeal if you do not bring the
case to them early enough for them to take these steps.
So plan early whether you will want to appeal, speak
with your attorney as soon as possible, and ask them
to let you know whether they will accept your case
as soon as possible so you can make other arrangements
if necessary!
Consider
speaking with one of our attorneys if you have been
charged with any crime in the Commonwealth of Virginia.
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