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Robbery charges in Fairfax are pretty straightforward. Anybody can be charged with robbery if there is probable cause to believe that they did that crime. The most common way that somebody is charged with something like this is if they are on the scene and arrested on the scene. If an individual has been charged with a robbery offense, their next step should be to get in touch with a dedicated robbery lawyer that could build their defense and advocate for them.
Being charged with an attempt to commit robbery would refer to any plans or steps taken towards committing a robbery offense.
Attempt to commit robbery charges are a slightly different level of proof than robbery charges in Fairfax, and depending on the charge, the penalty can be slightly less than if a completed crime is alleged. In Virginia, if a person is convicted of an attempted crime the sentence leads to the same guise, which is what they do for the commission of the crime. The person gets the benefit of the doubt, but the proof of crime s slightly different.
If the prosecution wants to double down and charge the accused with the attempt and underlying crimes, but are not sure that they can prove that the crime was committed and it was brought to fruition, they will charge that person with both. However, they are only going to convict that person of one. Also, attempts are lesser included offenses of completed offenses.
Prosecutors overcharge when it comes to robbery charges in Fairfax, so there is more potential for them to be able to prove the conviction for one of the felonies. It gives them more leverage to convince the person to take a plea deal to something less.
There are two ways that robbery charges can go. First, a person is charged. That person has preliminary hearings set and then the person has the evidence brought before the judge who decides if there is probable cause to bind it up to circuit court. If that is the case, it goes in front of the jury that decides whether or not to indict based on the evidence that they hear. Sometimes the prosecutor can waive the preliminary hearing throughout the case.
Direct indictment, which means it goes straight to the grand jury, is the other way. The grand jury decides if there is probable cause or not. They always decide that there is probable cause and find sufficient evidence to bind it over the circuit court. If it goes to grand jury, the grand jury decides whether or not to indict that person. They will do so know fined over those charges at the circuit court.
People are not usually indicted before being arrested. That could potentially be a federal situation. In Virginia, they are not going to be indicted before they are arrested unless it is some kind of like sick circumstances or involves classified information. It could potentially be direct indicted and then they are arrested. If an individual wants to know more about facing robbery charges in Fairfax and the robbery trial process, they should consult a skilled robbery lawyer that could help.
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