Criminal, Traffic & DUI Lawyer in Fairfax, Virginia

Law Office of Wilfred Ward Yeargan, III

10560 Main Street, Suite 217
Fairfax, Virginia 22030
USA

(703) 352-9044

(703) 352-9045

www.yearganlaw.com

Contact Wilfred W. Yeargan

Law Firm Overview Free Consultation

The Law Office of Wilfred Ward Yeargan, III, based in Fairfax, Virginia, offers comprehensive services for criminal, traffic, DUI/DWI, and personal injury litigation. Attorney Yeargan also assists clients with debt collection, landlord-tenant, unlawful detainer and business contract disputes. The Fairfax law office diligently serves its clients and their legal objectives. Attorney Yeargan is personally available to answer your questions. He handles client representation in Virginia state and federal courts.

Attorney Yeargan's Areas of Practice include but are not limited to: Criminal and Traffic cases in State Court (General District Court, Juvenile and Domestic Relations Court, and Circuit Court) and Federal Court; Formation of Limited Liability Companies and Corporations, Domestic Relations and Contract Litigation; Personal Injury arising from motor vehicle accidents and intentional assault.

Mr. Yeargan has over ten years of litigation experience and was accepted to the Criminal Court Appointed Panel (CJA Panel) for the United States District Court, Eastern District of Virginia. Attorney Yeargan serves the following areas of Virginia: Alexandria, Falls Church, Fairfax County, Herndon, Vienna, Fredericksburg, Winchester, Loudoun County (Leesburg), Arlington County, Warren County (Front Royal), Prince William County (Manassas), Fauquier County (Warrenton), Stafford County and Spotsylvania County.

Year this Office was Established: 1999

Languages: English, Spanish

Practice Areas

Additional Practice Areas: Possession of Marijuana; Possession of Cocaine and/or Heroin; Felony Eluding of Police; Petit (Petty) Larceny and Grand Larceny; Disorderly Conduct; Destruction of Property; Malicious Wounding and Unlawful Wounding; Vandalism; Trespassing; Reckless Driving; Driving on Suspended or Revoked License; Corporations and Limited Liability Companies.

Practice Areas Description

The Law Office of Wilfred Ward Yeargan, III provides legal representation and services in the following areas of practice:

- Criminal Defense

Mr. Yeargan has handled hundreds of criminal cases in the Commonwealth of Virginia as defense counsel. It is important to retain competent counsel early in the criminal trial process, especially in felony cases. Attorney Yeargan encourages prospective clients to talk to him early before trial in misdemeanor cases and before the preliminary hearing in felony cases. Some of the common types of criminal offenses seen in his practice are:

* Possession of Marijuana

In Virginia, it is unlawful to possess marijuana for personal use. §18.2-250.1 of the Code of Virginia makes it a misdemeanor to possess marijuana in small quantities less than half an ounce. On a first offense, punishment ranges from zero to thirty days in jail and/or a fine of up to $500.00. A second or subsequent conviction is a Class One Misdemeanor, punishable by zero to twelve months in jail and/or a fine of up to $2,500.00. There are many technical defenses to the charge of possession of marijuana and possession of marijuana with intent to distribute. Marijuana cases often involve complex search and seizure defenses that only a qualified and experienced attorney can present in court.

* Possession of Cocaine

Virginia Code §18.2-250 states that possession of cocaine, a controlled substance, is unlawful and punishable with severe penalties. Cocaine is classified as a Schedule II controlled substance in the state of Virginia. Possession of the drug is a Class Five Felony, punishable by a term of imprisonment of not less than one year or more than 10 years. The judge or jury hearing the case may, in their discretion, impose less jail time for the offense (jail of not more than 12 months and/or a fine of up to $2,500.00). There are statutory and constitutional defenses to drug charges, such as search and seizure and Miranda issues, which Attorney Yeargan reviews with each client.

* Grand and Petty Larceny

The Law Office of Wilfred W. Yeargan vigorously defends clients charged with the felony offense of Grand Larceny. Grand Larceny is generally defined as a theft of money or other thing of value directly from a person with a value of $5 or more, theft of a person's goods or chattels not from their person worth $200.00 or more, or theft of a firearm not from their person. The Virginia statute describes Petit Larceny as the taking of money or other thing of value from a person of the value of less than $5, or the taking not from the person of another of goods and chattels of the value of less than $200.00.

* Embezzlement Charges

Embezzlement is the wrongful taking, concealment or fraudulent use of money, personal property or goods of another. The items must be taken by one in a position of trust or fiduciary duty. Typical examples include money taken by an employee of a corporation, or funds converted from a bailor. As with any criminal charge, the government bears the burden to prove the defendant guilty beyond a reasonable doubt. The government must demonstrate that the defendant had the requisite intent, or mens rea, to deprive the owner of the property. Attorney Yeargan aggressively defends those charged with Embezzlement and other crimes.

* Assault and Battery

The criminal offense of Assault and Battery is a Class One Misdemeanor in Virginia. The Virginia Code further states that Assault and Battery is a felony when the defendant intentionally selects the person assaulted based on their race, religious conviction, color or national origin and the individual sustains bodily injury. If you need help with a pending Assault and Battery charge, talk to Attorney Yeargan for immediate assistance. He will review the facts of your case and develop an effective defense strategy. His firm represents clients throughout Northern Virginia and is well known as a tough and aggressive advocate.

* Malicious Wounding and Unlawful Wounding

Malicious Wounding is a serious felony in Virginia. Virginia Code §18.2-51 states that it is unlawful to “maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill.” Attorney Yeargan will help review your case and determine if you have any defenses to the charge, such as self defense. Depending on the facts of the case and the criminal record of the accused, Attorney Yeargan may be able to get the case dismissed or reduced to a misdemeanor Assault and Battery in plea negotiations.

* Juvenile Criminal and Traffic Defense

Juvenile Criminal and Traffic charges present special concerns for parents and their children. Persons under eighteen years of age may be charged with serious criminal offenses that carry significant penalties. Attorney Yeargan works closely with parents and their children in juvenile criminal matters. He explains the nature of all charges brought against the minor and the best possible strategies for defense. He will develop a thorough knowledge of the prosecution’s case by investigating the facts and filing a motion for discovery and inspection with the court. If the juvenile has any technical defenses to the charge, such as unlawful search and seizure under the Fourth Amendment to the Constitution, Attorney Yeargan will prepare appropriate motions to exclude this information as evidence.

- Expungement of Criminal and Traffic Charges

The Law Office of Wilfred W. Yeargan can file a Petition for Expungement of your criminal or traffic charge in the jurisdiction where it was heard. §19.2-392.2 of the Virginia Code specifies the conditions when expungement is appropriate. Expungement of a criminal or traffic offense removes the charge existing on the defendant’s record. A Petition for Expungement can be successfully filed when a criminal or traffic charge is nolle prosequi, dismissed, or a defendant was acquitted. A Petition for Expungement cannot be successfully filed when a defendant was convicted of a criminal or traffic charge. It is also not available when the charge was deferred for dismissal with a stipulation of guilt.

- Traffic Cases

Mr. Yeargan handles traffic cases in Virginia General District Courts, Circuit Courts and Juvenile and Domestic Relations District Courts. Typical types of traffic cases include reckless driving, driving under the influence of alcohol, driving after being declared a habitual offender, and driving after forfeiture of license. Many people do not realize that the Commonwealth of Virginia often prosecutes individuals who drive over eighty (80) miles an hour or speed twenty (20) miles or more over the limit with reckless driving. Driving Under the Influence of Alcohol is also a serious offense and may result in a jail sentence, loss of license, enrollment in the Virginia Alcohol Safety Action Program and/or fines. It is important to have competent counsel to avoid the pitfalls of the traffic court system.

* Reckless Driving

Attorney Yeargan regularly appears in Virginia courts to help clients charged with the misdemeanor offense of Reckless Driving. The charge of Reckless Driving is a Class One Misdemeanor, punishable by a maximum of 12 months in jail and/or a fine of up to $2,500.00. The Defendant’s privilege to drive may also be suspended for up to six months. The courts may grant a restricted license to someone convicted of a Reckless Driving charge. This restricted license allows the client to drive for work, school, the Alcohol Safety Action Program, church activities and child care. Attorney Yeargan often obtains dismissal or reduction of a client’s Reckless Driving charge to a traffic infraction. Results in court depend on the facts of the traffic stop and a client’s driving record.

* Driving Under the Influence of Alcohol

DUI is a serious criminal offense and stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. DUI convictions may impact insurance rates, employment opportunities, and applications for security clearances. There are many technical defenses to the charge of DUI. Depending on the facts of the case and your driving record, Attorney Yeargan may be able to negotiate dismissal of the charge or reduction to a lesser offense. With ten years of trial experience, he can work with you to develop a strategy for successfully defending your case.

* Driving on Suspended or Revoked License

In the Commonwealth of Virginia, the offense of Driving on a Suspended or Revoked License is a Class One Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.00. A conviction for Driving on Suspended License stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. Convictions for this charge may impact insurance rates, employment opportunities, and applications for security clearances. It is important that a defendant charged with this criminal offense have an experienced and diligent attorney. The Law Office of Wilfred W. Yeargan vigorously defends clients charged with traffic offenses in the General District, Circuit and Juvenile and Domestic Relations courts.

- Landlord-Tenant Disputes

In the Commonwealth of Virginia, the majority of residential landlord-tenant cases are filed for failure to pay rent. The landlord initiates a case by serving the pay or quit notice upon the tenant. This notice gives the tenant five days (or longer, depending on the terms of the lease) to pay back rent and associated late fees or risk termination of the lease agreement. The Law Office of Wilfred W. Yeargan serves the pay or quit notice by private process server, so that a notarized affidavit of service can be used in court. If the sums are not paid, the landlord may file a court action called a Summons for Unlawful Detainer.

- Personal Injury

This law office assists clients with personal injury claims stemming from motor vehicle accidents or intentional harm resulting from assault and battery. Mr. Yeargan assists clients with assessing the extent of physical injury and determining the strength of each claim. In addition, he explains the law in Virginia applicable to personal injury claims and the defenses commonly asserted in those actions (such as contributory negligence and consent). Mr. Yeargan aggressively negotiates with insurance companies to obtain the most favorable financial result. When necessary, he files suit on a client's behalf to effectuate a better resolution.

- Business Formation and Litigation

This law firm also assists clients in the formation of their chosen business entity. Mr. Yeargan assists clients with the establishment of Corporations and Limited Liability Companies. He serves as a registered agent with the State Corporation Commission for such entities. In addition, he drafts contracts and business documents for clients and assists them with Internet domain operation. In the event litigation is necessary, he is available to negotiate and prosecute civil claims including, but not limited to, Breach of Contract.