Virginia Criminal Defense Blog

Virginia Seeks to Overturn Concealed Weapon Ban

2010-03-09T09:26:00.002-05:00

Virginia is one of a few states that currently have a law on the books preventing the carrying of concealed weapons in places that serve alcohol. All of that may change in the near future as the Virginia Senate and House of Delegates have voted to overturn this ban. All that remains needed is the governor’s signature.

The current ban applies to people who are permitted to conceal a weapon on their person. Supporters of the change in the law state that these people are law abiding and responsible and shouldn’t have to restrict their activities when they have their weapons on them. By overturning the ban, supporters believe crime may be reduced.

There are often stories in the news about gun rights and restrictions. It’s a touchy issue simply because although the 2nd Amendment guarantees our right to bear arms, the States withhold the right to regulate that. This is why each state has numerous weapons laws and regulations, all done in the interest of public safety.

Under the new law, people with permits to carry concealed weapons would not be restricted from businesses unless the business elected to set their own rules. There would no longer be a state ban on carrying a weapon into a bar, for instance, or a restaurant where alcohol is served.

This doesn’t mean anyone can carry a concealed weapon. Like all other gun laws, there are steps that must be taken in order to get a permit. If caught with a concealed weapon and without a permit, you can face criminal charges. While the first offense is a misdemeanor, that charge is elevated to a felony for any subsequent incidences.

There are numbers opportunities for criminal charges involving weapons. I discuss a few of them here on the weapons page. Whether you are charged with one of these offenses or another weapons charge, we can help.

Contact us to discuss your case and to get some valuable free legal advice.

New VA Law Allows 70mph Speed Limits, But Nothing Raised Yet

2010-03-05T08:53:00.002-05:00

Governor McDonnell signed into law a change that will allow maximum speed limits on Virginia Highways from 65 to 70mph.
But, "Not so Fast" is the watchword for Virginia motorists looking to shave a little time off their drive, or have a little extra cushion before speeding violations and even reckless driving citations become a threat.
The law as written allows the VDOT to review certain stretches of highway and decide if they deem them safe for a speed limit increase, but no speeds have been raised as yet. The Virginia Department of Transportation has said it intends to heavily scrutinize and study any eligible stretch of highway before making any changes.
If, eventually, some parts of I-81 are raised to a new 70mph limit, some legislators have indicated they would be open to making changes to parts of Virginia's tough reckless driving laws. Current law makes it a class 1 Misdemeanor criminal offense to drive over 80mph. Another section of the reckless driving law makes it a crime to drive 20 mph over any posted speed limit.
Logically, most people would agree just 10 mph over the legal limit shouldn't be a criminal and jail-able offense.
It's still all speculation, but it is good news that the Commonwealth is at least considering some rational changes to our speeding and reckless driving laws.

VA Beach DUI Case for NFL Great Bruce Smith

2010-01-26T08:39:00.003-05:00

Brice Smith pled guilty to one count of DUI in a Virginia Beach courtroom this past week. He was arrested last May after failing field sobriety tests and refusing a breathalyzer. This marks the famed defensive end’s 3rd DUI charge.

While Smith denied drinking on the night of his arrest, he later admitted that he was under the influence according to this Football News Now report. The arrest occurred after he had been drinking wine with friends in Norfolk.

Under the terms of his case he received a $1,000 fine, a one year driver’s license suspension, an alcohol safety class, and a 90 day suspended sentence. A “suspended” jail sentence simply means
that if Smith is rearrested at anytime during his probationary term, the 90 day sentence could be activated and he could be required to spend time in jail.

According to the article from Football News Now, Smith’s first DUI case was dismissed and he was acquitted, or found not guilty, the second time he was arrested for the offense. It seems as if, with his third arrest, Smith’s luck had run out.

Although this wasn’t Smith’s first arrest, the result of his prior DUI cases mean this one was treated as his first. If he had been convicted or pled guilty the last two times, he would have been facing a much more stringent sentence this time around.

For a third offense DUI you are required to serve a minimum of 3 months in jail if convicted.
Also worth noting is the effect his refusal to take a breath test may have had on his case. If you refuse a breath test and are later found to have been under the influence, you will lose your license for one year.

When facing charges of DUI, whether this is your first offense or your fourth, we can help. We understand you want the best results possible and will pull out all the stops to ensure that happens.

From challenging the stop to the breath test results, we will leave no stone unturned when it comes to fighting on your behalf. Contact our lawyers today to discuss the details of your case.

Virginia Beach Cop Charged with DUI, Hit & Run

2010-01-04T17:08:00.003-05:00

Civilians aren’t the only ones making reckless decisions over the holidays. A Virginia Beach police officer has been charged with DUI and hit and run after an incident on December 26th.

Officer Stephane Prevot was arrested after hitting a neighbor’s mailbox that evening and was found to be under the influence of alcohol and presumably over the .08% legal limit. The department isn’t saying much at the time of this report, however.

Per regulation, Prevot has been placed on administrative leave pending further decisions. Officer Prevot has been with the department for nearly 5 years, according to the Virginian Pilot.

This is the second Va. Beach officer to face such charges this year. Officer Bryan Womble was charged with hit and run and DUI back in June. In typical fashion, he was sentenced to a short jail stint, license suspension, drug and alcohol awareness classes, and the installation of an ignition interlock device in his vehicle.

Offenses like DUI and Hit and Run apply to everyone. While it may seem like people in power get an easier shake when it comes to the law, many high ranking people charged with crimes like this end up serving a similar sentence as you or I would.

When it comes to a first offense DUI, Virginia law states you can be sentenced to a maximum of 1 year in jail and $2500 in fines. In addition, you face a driver’s license suspension lasting a year and mandatory alcohol safety classes. Depending on the circumstance of your case and your blood alcohol level, you may also be required to use an ignition interlock device when you license is reinstated.

As your DUI convictions add up, so do the penalties. Sentences get progressively worse if you have a criminal history. Knowing what type of penalty you face for your charges can be sobering but also allows you to focus on your case.

If you are facing DUI charges in Virginia, you need the assistance of an experienced local DUI attorney. As your attorney, we can challenge the reason you were stopped, challenge how the police handled your arrest, and even potentially challenge the breath test results.

Contact me today to discuss how we can move forward with your case. You need someone acting in your defense when you go before the judge.

Virginia Dentist Guilty In Drug Distribution

2009-12-08T14:08:00.002-05:00

A Tazewell County dentist pled guilty this past week to distribution of hydrocodone (commonly known by the brand name Vicodin). He was writing prescriptions for the pain killer for the last nine years and it finally caught up with him.

Dr. Peter M. Francisco won’t be writing any prescriptions anymore however, as he has lost his privilege to prescribe medication. He also faces up to 15 years in prison according to this report from WVEC. Francisco’s sentencing is scheduled for February 23rd.

The U.S. Attorney on the case states that over a period of 9 years from 2000 to 2009, Francisco wrote prescriptions for over 10,000 of the painkillers to 3 people. These people would fill the orders and return the drugs to Francisco.

In Virginia, possession with intent to distribute a controlled substance, whether it is prescriptions drugs, marijuana, or cocaine, is a serious offense. You’re looking at felony charges and years behind bars.

The prosecution will use all sorts of methods to get a conviction in your case and it is your defense attorney’s job to ensure you have the best possible chance at overcoming their charges.

If you are facing serious drug charges like these, an experienced defense team is necessary.

The evidence in your case is crucial. How it was obtained and handled throughout the arrest process can impact your case in a major way. If the evidence was mishandled in any way, we can motion the court to suppress it, keeping it out of your trial altogether.

Often, if this is your first run in with the law, we can work with the prosecutor to set up some sort of plea agreement. Perhaps you are facing years behind bars but we can get the sentences suspended for probation instead.

Knowing the details of your case is crucial in determining the next move to take. Call me today for a free consultation and legal advice on your Virginia drug case.

DUI Court Series

2009-11-18T12:40:00.002-05:00

Interesting series of reports in the Chesterfield Observer on Virginia drunk driving arrests, the court process, penalties, legal strategies used by prosectutors and defense attorneys, and the implications of the Melendez-Diaz decision.

Virginia DUI Case Causes Stir in U.S. Supreme Court

2009-10-23T21:18:00.002-04:00

As reported by the L.A. Times, The U.S. Supreme Court allowed to let a Virginia Supreme Court ruling stand that calls into question the legality of DUI stops based only on a phoned in tip from an eyewitness.

The case arose when police received a tip of a possibly drunk driver behind the wheel of an Altima. The caller gave police a partial license plate number and description. Based on the tip, not any other factors, Joseph Harris of Richmond was pulled over and arrested for DUI.

The Virginia Supreme Court ruled the stop was an unreasonable search because the officer did not witness any signs that Harris had been drinking. In other words, they ruled that the phoned in tip did not constitute probable cause.

In a 7 to 2 vote this week, the United States Supreme Court denied the to give cert, which in a sense, backed the Virginia Court’s decision and agreed that a phoned in tip is not sufficient for a DUI stop.

As this report from The New American details, U.S. Justice John Roberts was outraged with the ruling and said it essentially gives drivers “one free swerve” before they can be questioned by police.

Roberts was one of the 2 votes to wanted to take on the case and make a ruling that would apply to all states. Currently, Virginia is among only 4 states that don't allow vehicle stops based on anonymous reports.

If the Court were to hear, and eventually overturn the lower court’s ruling, it would have opened the door for many other searches based solely on a witness’s tip. The Court cited a similar case in which it was ruled a citizen could not be frisked only based on an anonymous call as precedence.

There are many rules, laws, and court rulings that govern how a search and arrest can occur. When the police fail to follow these rules and procedures set up through prior court rulings and state law, they run the risk of violating a citizen’s protection against unreasonable searches and seizures, as detailed in the 4th Amendment.

When you are facing criminal charges, you want a defense attorney to look closely at the steps the police followed during the arrest and investigation stages of your case. There are many instances where criminal charges are dropped because the police didn’t follow proper protocol.

If you are up against criminal charges in the Virginia courts and want to ensure every rock is unturned in the defense of your case, contact me today. I am interested in the details of your case and I am interested in working with you.

More on Driving I-81 Dangers

2009-10-21T15:27:00.003-04:00

As we noted before, I-81, especially near Page and Shenandoah counties is a dangerous road. This has been recognized by the Virginia Department of Transportation, and today's comments about a reckless driving charge for a truck driver who fell asleep add some extra food for thought.

Due to budget cuts, rest areas have been closed, and it is illegal to pull over on the side of the road to sleep. This may have been a significant factor in the accident after the driver fell asleep at the wheel.

Fortunately, there was no one was harmed in this incident. But when you take roads that VDOT and the Virginia State police know to be dangerous, and make them more dangerous due to short term budget constraints, you are toying with public safely in a disturbing way.

Mistake in Allowing Reckless Charge Dismissed For Commerical License

2009-10-09T13:43:00.003-04:00

A judge in Richmond is under fire for allowing a reckless driving charge for a commercial bus driver to be dismissed after completing a driving school program. That bus driver is facing new charges for reckless driving after hitting and killing a pedestrian with her bus.

Under the law, if a person has a commercial driver's license in Virginia, they are ineligible for a reckless driving offense dismissal after attended driving school, under a law passed in July 2008. The original reckless driving incident occurred in May of this year.

Though the defendant clearly checked off that she had a commercial driver's license, the judge still allowed her to take a Second Chance Driving Improvement Clinic. After satisfying the terms of the driving class, on Sept 10th, the reckless driving charge was dismissed on Sept 30th.

The defense attorney quoted indicated that is it not uncommon for judges to miss laws that have been recently passed, especially when the facts of those laws come up infrequently.

If the reckless driving offense had stood, and she had not been allowed the opportunity for the dismissal, she likely would have lost her job as a driver for the GRTC Transit System. However, she also violated company policy by not notifying her supervisor of the reckless driving charge.

It is certainly possible that she would have been fired from her job if she had followed that procedure, and if the judge had refused to allow for the dismissal, she would have lost her driver's license and not been driving.

Whenever there is a tragedy like this, people are always looking for someone to blame. It is impossible to say what would have happened in either of those cases, but it is clear that multiple administrative failures led to a circumstances where someone was killed.

Virginia Man Sentenced to Nearly 2 Decades in Prison for 2 Assault Cases

2009-09-11T12:11:00.001-04:00

Thirty year old Shawn Michael Banks was sentenced to a total of 18 years in prison following convictions of stabbing a relative in July of 2008 and assaulting an officer at the jail in November 2008. According to this article from the Culpepper Star Exponent, he is expected to serve at least 10 of those years.

On July 26, 2008, the victim in one of the cases arrived at her grandmother’s apartment around noon. She was sitting at the table when Banks stabbed her in the back. Sarah Banks retreated to a back bedroom while Shawn Banks pursued her with a knife.

The police found the victim laying face down and bleeding when they arrived on the scene. She was treated for injuries to her ribs and lungs from the incident. In total, Ms. Banks spent 9 days in the hospital for her injuries.

Because of the injuries and the weapon used in this assault, Banks was charged with Malicious Wounding and sentenced to 15 years in prison.

The second assault case arose when Mr. Banks spit on a deputy working at the jail where he was being held. For this assault, Banks was sentenced to an additional 3 years in prison.

These assault crimes are quite serious, as the sentence shows. Many other assaults are less damaging but still carry harsh penalties. Basic Assault and Battery is considered a Class A misdemeanor and carries a potential one year jail sentence.

Under Virginia law, who the assault victim is can increase this penalty or add a mandatory minimum sentence to it.

Facing charges like these can change your outlook on life. When the potential for spending years behind bars exists, you can become remorseful and reflective. Whatever the situation that led to your charges was, I hope to help you.

Call us today to discuss the details of your case and to receive some free legal advice.

Virginia Assault Charged in Deliberate Fire Attack

2009-08-31T15:18:00.003-04:00

A Virginia man is being held in a case that left a female acquaintance badly burned. 45 year old James Edward Anderson was riding in the passenger seat of a vehicle with a 37 year old female driver and her 12 year old daughter in the back seat.

Anderson allegedly got angry and sprayed the victim with a flammable liquid before throwing a match on her. According to this article from MyFoxDC.com the victim was able to remove her clothing and the child was able to get out of the vehicle before Anderson left the scene in the car.
The victim flagged down a passing motorist who assisted by calling authorities.

What’s not clear is the relationship between Anderson and the victim. The article states that charges have not yet been filed so we can’t say with 100% certainty that this was a domestic assault.

Under Virginia law, a domestic offense doesn’t have to be between two people who are married. If they were in a romantic relationship, this could be a domestic assault.

Even if the two were simply acquaintances, the use of fire in this offense makes it especially heinous. Depending on the extent of the victim’s injuries, there is a chance Anderson could face charges of malicious wounding.

This offense carries a potential sentence of 20 year in prison. If it is determined that the victim could face permanent physical damage, he could face an even more serious charge of aggravated malicious wounding, which carries a potential life sentence.

Other things that may play into the charges Anderson faces and the sentence he may have to serve include his criminal history and the intent of his actions. If it is determined he planned this assault ahead of time, it could exacerbate his charges as well.

Facing charges of domestic assault or malicious wounding is a very serious event. When looking at spending that kind of time behind bars, an experienced attorney is needed to assist with the case.

If you are facing charges of assault and are concerned about the potential outcome, call me today to discuss the details of your case. I can give you some legal advice and perhaps we can work together to make the most of the situation you are in.

Special Legislative Session to Address Melendez-Diaz

2009-08-26T08:07:00.000-04:00

The Virginia General Assembly passed H5007 in response to the requirements changes for admission of forensic evidence in the Melendez-Diaz case.

The law formalizes a Notice and Demand process for admission of forensic and chemical evidence in drug and DUI cases where a technician would be required to testify in support of documentary evidence.

The prosecuting Commonwealth's Attorney notifies the defense of it's intent to use forensice evidence without supporting expert testimony. If the defendant objects, it must do so formally in court. As a result, extra time will be allowed for scheduling the court appearance of the expert needed in the case.

Virginia Beach DUI Prosecutions Thwarted By Court Ruling

2009-08-14T16:02:00.004-04:00

WTKR in Norfolk Hampton reports on Virginia Beach Commonwealth's Attorney Harvey Bryant, and his believe that a majority of the US Supreme Court "doesn't really know what they're talking about."

Prosecutors across Virginia are dealing with the aftermath of the Melendez-Diaz case, which stated that forensic expert witness testimony must be provided to support documentary evidence in cases where that evidence is used in prosecutions. The Justices determined that the Constitutional right to "confront one's accuser" is more important than the adminstrative hassles of prosecuters who would prefer to enter a document into evidence unchallenged, as has been allowed up until this ruling.

According to WTKR 10% of all DUI cases in Virginia are in Virginia Beach, and there are only 3 people in Virginia that calibrate breath test machines, the kind of forensic evidence witnesses now being sought by defense lawyers, to challenge these cases.

It is certainly likely that Virginia DUI defense lawyers are only asking for these witnesses in most cases, because they know the Commonwealth will have a tough time rounding up these experts, and they can argue for a dismissal or a reduced sentence in a plea-bargain. According to this report, that's already happened in a number of Virginia Beach DUI cases.

But there is a good chance that this is only a temporary tactical advantage for the defense. As soon as Virginia fixes this imbalance and is able to provide the witnesses, in most situations, drunk driving defense lawyers won't bother in cases where the witness is unlikely to provide any reasonable doubt that would help the defendent.

Constitutionally guaranteed rights are inconveneint for the state by design. The easiest thing for the state would be for police to arrest people and sentence them to jail time on the spot. But no one thinks that is a good idea.

The principle of innocent until proven guilty is paramount under the law. And the balance of power has been shifting to the prosecution for decades. This is one small win for the rights of the accused.

Just because it is a hassle for prosecutors is no reason to argue against the rights and freedoms of our citizens as envisioned by our founding fathers.

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If you are accused of a DUI in Virginia Beach or anywhere in Virginia, please contact us for a free consultation on your charges, and what we can do to fight them in court.

Melendez-Diaz to Increase Use of Virginia Drug Courts and DUI Courts?

2009-08-08T09:30:00.000-04:00

An Update on the Previous Melendez-Diaz post:

Forensics blogger Harold Levy notes an interesting comment buried in the News Record article. One delegate suggested that this decision will create some better deals for defendants, and may result in increased use of alternate court dispositions that stress treatment.

Drug courts and DUI courts are alternative sentencing arrangements that can give a first time offender a chance to have a case dismissed after a year. If he or she completes a strict drug or alcohol treatment program, and passes mandatory drug tests or abstains from alcohol, the charged are dropped.

Currently Drug Courts in Virginia are still being used on a largely limited basis. A list of drug courts is here. Currently there is only one DUI court in Virginia, in Fredericksburg. Not all courts have drug court alternatives as an option, and not all prosecutors and judges will go along with it in every eligible case, even if it is available.

And there are downsides to accepting a drug or DUI court disposition. If you fail to complete the program, you are subject to retrial in court, and will likely face much stricter penalties than if you simply plead guilty the first time through.

But for those who complete the program, it is often a very good deal from a criminal defense perspective. And it is a good opportunity to get help with an addition problem. The research on drug courts has shown a lot of success.

It would be a shame if it took prosecutors backed into a corner to increase the use of these well-documented successful programs, that reduce recidivism, decrease the need for costly imprisonment, and truly help Virginia citizens fix their addiction problems and their lives.

If you are accused of a DUI or drug possession in Virginia, give us a call to find out your court options, and what we can do to defend you.

Virginia Court of Appeals Says Improper Driving not part of Reckless by Speed

2009-08-07T11:51:00.003-04:00

Via VALawyersweekly, the Virginia Court of Appeals determined that Improper Driving is not a lesser included offense of Reckless Driving, and therefore it was legal to charge the person with both reckless driving and improper driving.

In the Appeals Court case, the attorneys argued that the woman should not have been charged with both offenses, since as a lesser included offense, it would be like being charged twice for the same action. For example, you can't be charged with both grand larceny and petite larceny for stealing the same item.

The court rejected that argument, saying the law was specific and clear that reckless driving by speed is merely the act of driving over 80mph, and improper driving requires "slight culpability", which reckless does not. They stated that it was entirely possible to be charged with reckless, but not be driving "improperly".

This ruling has no particular bearing on the common plea bargain in reckless driving cases where a judge allows a defendant to plead guilty to a lesser, non-criminal offense of improper driving.

Court Decision a Boon For Drug Possession & DUI Defense in VA

2009-08-06T15:44:00.000-04:00

A recent US Supreme Court decision on rules of evidence is a win for defense attorneys, and is causing administrative hassles for prosecutors across the Commonwealth.

In Melendez-Dias v. Massachusetts, the court ruled that forensic evidence reports, such as those identifying controlled substances in drug possession cases, or certifying Breathalyzer machines in DUI cases, are insufficient evidence on their own. The court determined that this evidence violated what is known as the "confrontation clause", also known as the right to confront one's accuser in court.

The net result of this decision is that prosecutors must have forensic analysts on hand to support this evidence, and the defense attorney will have an opportunity to cross examine the witnesses. The practical implication of this is that the Commonwealth only has a small number of experts available to testify in court, and there are thousands of potential cases per year where this documentation evidence has been used previously.

Virginia State Legislators Scramble to Adjust to the Reality of Melendez-Diaz

As noted in the Daily News Record and many other Virginia newspapers, the Melendez-Diaz decision is driving a special session of the Virginia General Assembly on Aug 19 to address the issue. Legislators are concerned that if they don't have an answer quickly, judges many have to dismiss many drunk driving and drug possession, if the prosecutors aren't able to provide the necessary witnesses.

Governor Kaine has stated that the situation may be able to be addressed administratively, without new legislation necessary. Commonwealth's Attorneys will have to first file notice of intent to use the documentation without the required witnesses. Presumably many defense attorneys will object, but that legal process will probably buy them time to arrange and schedule the expert witnesses.

The Commonwealth will likely need to provide emergency funding for additional forensics experts to testify in courts across the state. This will probably be the product of the special legislative session.

The bottom line is, this chaos will create some defense opportunities for lawyers in Virginia DUI and drug possession cases.

And if you are an unemployed forensics expert, stay by your phone.

Fines Going Up on I-81?

2009-08-05T19:33:00.004-04:00

According to an article in the Daily News Record, there is an effort to designate part of Interstate 81 in Page and Shenandoah County as a Highway Safety Corridor, due to some recent serious accidents.

If approved, the designation of a Highway Safety Corridor by the Virginia Department of Transportation, the Commonwealth would impose doubled fines for speeding, reckless driving, and other traffic citations in that area. There is a full analysis process that must be completed before such a designation is approved.

There has been spate of serious accidents along that stretch of I-81, many involving tractor trailers, whose drivers are a primary target of Highway Safety Corridor enforcement penalties.

Reckless driving fines range from $300-$500, so doubling that fine is significant. Of course, a reckless driving offense is also a criminal charge, so the implication of a reckless conviction are far beyond the substantial costs involved.

UPDATE: Another good story on this stretch of -I81 and the rate of accidents in the Northern Virginia Daily here.

VA Police Chief Sentenced on Drug, Gun Charges

2009-08-04T11:09:00.002-04:00

The law turns a blind eye to no one. Of course there are cases where people in power break the law for years unnoticed but the majority of the time their indiscretions come to light and they are forced to face the music, just like the rest of us.

Former Damascus Police Chief Tony Richardson had pled guilty to charges in March and last October. The charges were part of a plea agreement according to this WVEC brief.

Richardson admitted he sold methamphetamines and prescription drugs while he was police chief. He was officially charged with 8 drug offenses and one gun charge. The sentence called for 5 years on each drug charge and 2 years on the gun charge.

Likely part of the plea agreement, the judge, Judge Byrd Sergent in Washington County Circuit Court suspended the bulk of the drug sentences. What was left was a 5 year prison term that Richardson is set to serve.

A sentence suspension is not uncommon and is particularly common in cases where the defendant has no criminal past. By suspending the bulk of Richardson’s prison term, the judge allows him to serve less time while keeping supervision over him for a period following incarceration.

A suspended sentence typically means there will be a period of probation or post release supervision after the prison term is served. During this supervision period, Richardson will have to abide by certain terms like staying drug free and not getting in additional trouble.
If Richardson abides by the terms of his supervision after his prison term, the supervision period will be allowed to expire. However, if he were to violate the supervision terms, his sentence could be activated and he could be sent back to prison.

Probation and parole supervision are typically very effective methods of control for the criminal justice system and they are usually more desirable then a prison sentence for the defendant.

If you are facing criminal charges and want to know if you might be eligible for probation instead of a prison term, give us a call. There are several factors that play into how a judge determines your sentence and our attorneys can help you evaluate your case.

Running the numbers on Hiring an Attorney for a Reckless Driving Citation in Virginia

2009-07-29T10:45:00.003-04:00

Many people faced with reckless driving wonder if it is worth the money to hire an attorney.

For the least serious reckless citations, (reckless by speed / speeding over 80mph), the ticket is probably $500 or less by itself. However, you can also expect points on your license, and possibly several thousand dollars in insurance hikes.

Not to mention the personal cost to you and future impact on your life that admitting to a criminal conviction may have.

And for some reckless driving offenses, there is a real risk of jail time in many counties and courts in Virginia, including Fairfax.

An attorney can, in many cases, get criminal charges dropped to civil penalties, saving you thousands, or even get your charges completely dismissed.

Of course every case is different, and no attorney can guarantee you any result. But we will give you an honest assessment of what we think your chances will be in court.

We'll run the numbers with you, quote exact legal fees, and estimate our chances of successfully fighting your case.

After a free consultation, you can decide for yourself if you think having an attorney fight your reckless driving charge is a smart investment.

Thousands of Motorists Across Virginia Charges and Cited in Traffic Crackdown

2009-07-14T14:39:00.002-04:00

Over the July 9-10 weekend, the Virginia State Police ticketed over 8000 motorists in another installment of "Operation Air, Land and Speed". The massive effort and enhanced patrols across Interstate 95 and 81 also resulted in more than 700 criminal citations for reckless driving, as well as drug violations, DUI charges, and felony arrests.

The Superintendent of the Virginia State Police made the claim that they wish there were no police traffic stops, since that would indicate that all drivers were observing posted speed limits and maintaining safe driving habits. But that claim is hard to believe, given that number of citations raises about a million dollars for the state. Not to mention the hours of police overtime (paid for by the federal government) that these extra police patrols generate.

If you are caught up in one of these enhanced traffic enforcement campaigns, or face any Virginia criminal traffic charge, please contact us today for a legal case evaluation, and an honest assessment of what you can do to protect your record, your driver's license, and your wallet.

Virginia Beach Biker In On Major Marijuana Bust

2009-06-22T15:42:00.002-04:00

Champion mountain biker and local native Mellissa “Missy” Giove was arrested and is now facing serious criminal charges in New York. The case involved several people, several states, and a speedy investigation resulting in the arrests that took place earlier in the week.

Giove is known for being a world class athlete with funky hair. She is a Va. Beach resident and her Virginia home was searched following the New York bust.

According to the Associated Press, it all started with a pick up in California. Allegedly, Giove and an assistant made the drive from California to Iowa in a rental truck towing a trailer filled with marijuana. Giove got on a plane in Des Moines heading to New York and her assistant drove on.

Tamara Geagley, the assistant, was pulled over in Illinois where police learned about the transport. She told police that Giove had hired her to complete the drive and meet up with her in New York. Police sent Geagley on her way and hoped to intercept Giove with the marijuana when it reached its final destination.

Police watched Giove get off the plane in NY and meet up with Geagley. Geagley was dropped off and Giove met with Eric Canori. After unloading some of the marijuana at Canori’s home police stopped Giove, who was still behind the wheel of the truck, and made their arrest.

Along with cash, police confiscated over 300 pounds of marijuana. Currently Giove and Canori face charges of possession with intent to distribute in New York. They may face federal charges as well. While Giove is facing charges in New York, there is no telling what Virginia authorities may have found in her home.

The criminal charge of possession with intent exists in most states, including Virginia. This is typically a very serious felony charge. The penalty faced depends largely on the amount of marijuana that the accused was in possession of.

In Virginia, if you are charged with intent to distribute over 5 pounds you face a possible 30 years in prison. That is a tremendously serious penalty to have hanging over your head.

When facing serious drug penalties, an experienced and aggressive attorney is crucial. I can fight for your interests and make certain that your side is heard in court. Call us today so we can discuss your case and how best to handle it.

Good Article on Virginia's "Move Over/Slow Down" Reckless Driving Law

2009-06-17T09:01:00.005-04:00

Here is a well written and clear explanation of what is commonly refereed to as the "Move Over/Slow Down" law in Virginia.

This confusing and commonly misunderstood law says that if there is an emergency vehicle with lights flashing in the right lane/breakdown lane on a highway, a driver must move over one lane unless unsafe to do so, in which case he must "proceed with due caution".

Merely "slowing down" is not sufficient, and may result in a criminal charge of reckless driving under Virginia statute § 46.2-921.1 if a police officer questions your decision. Whether or not it was "unsafe" for you to move over will be a decision for a judge, and the wrong decision could result in jail time, license suspension, and a criminal record.

Very few Virginians truly understand this complicated distinction, and the consequences and serious criminal penalties that can result.

The word to the wise is - make every effort to always Move Over a lane on the highway with a police car on the side of the road. If you don't, your judgment can always be questioned. You don't want to be in a position of depending on the temperament of the officer and the judge in court, since those calls won't always go in your favor.

And, of course, you'll want a good reckless driving defense lawyer on your side if you find yourself in court.

Richmond Hit & Run Leaves Boy Stunned and Police Searching

2009-05-26T13:05:00.001-04:00

The ice cream truck, a clear sign that summer is on the horizon. Earlier this week, children on Thorndale Lane lined up to get their sweet treats when a black Jeep came into the neighborhood, seemingly unaware of the presence of neighborhood children.

Eleven year old Chris was among the children when he was hit by the Jeep and knocked to the ground. The rearview mirror hit Chris on the side of the face and sent him to street level. The driver of the Jeep stopped briefly but didn’t stick around for authorities.

According to this report from NBC12, adult Jeremiah Mayo was accompanying some of the children and witnessed the hit and run. He stated the driver waited for Chris to get back to his feet before leaving but added there are many children in the neighborhood and the driver should have been more cautious.

The neighborhood children are taking away a lesson from the accident, that even though they see a vehicle doesn’t mean the driver of that vehicle sees them. Police are still looking for the driver of the black Jeep.

Hit and run is one of several criminal traffic offenses that is far more serious than a simple speeding ticket. If involved in an accident, you are required by law to remain on the scene, provide assistance, and wait for authorities. Failure to do this could result in criminal charges.

Likewise, reckless driving is a common criminal traffic offense. It is a misdemeanor punishable by up to 1 year in jail. There are ways to beat a criminal charge like this but how we go about it depends on the specific circumstances of your case.

If you are facing criminal traffic charges and in need of an experienced local Virginia defense attorney, call me today for a free consultation on your case.

Madison VA Police Seek Suspects In More Than One Assault Case

2009-05-12T10:39:00.003-04:00

Late night partying over the weekend led to a few assault victims and several suspects still on the lam. Madison police were certainly busy getting the facts from the injured parties and looking for the aggressors in both cases.

The first case happened in the early morning hours on Saturday on the corner of University Avenue and Lake Street. According to the 20 year old victim, he was attacked by a large group of approximately 10 Hispanic men. A witness called the police but all suspects fled before law enforcement arrived. The victim suffered various cuts on his head.

The second case occurred at a house party early Monday morning when a 21 year old man was dancing and having a good time. Apparently the aggressor spoke some unkind words to the dancing victim before punching him in the face. This punch resulted in a facial fracture and a broken nose. The victim was treated at the local hospital.

In both cases, police have made no arrests. This is not uncommon in cases like these. Late at night in large groups where there is likely alcohol involved, strangers can get into altercations. This makes finding the suspect difficult because the victim often has no clue who it was that assaulted them.

If an identification is possible and a warrant is issued, that’s another story. Running from a warrant won’t last long as the police nearly always get their man. The real fight begins and ends in the courtroom.

Accidents and mistakes happen. Facing an assault charge in Virginia is a serious matter and one that should be addressed with the help of an experienced defense attorney. If you are looking at criminal charges in Virginia, call us today to discuss the specifics of your case.

Virginia Corrections Officer Sentenced for Drug Charge

2009-04-21T10:51:00.002-04:00

A former Hampton Roads Regional Jail guard was recently sentenced for an offense that left him unemployed and on the other side of the jail cell bars. Once tasked with guarding convicts, William McKnight Jr. will now be spending some years in the state prison sentence.

According to the Associated Press, the 57 year old man was caught bringing controlled substances into the jail where he worked. The illegal drug trade is alive and well in America’s jails and prisons and oftentimes the people supplying the goods are the professionals paid to be there.

In a plea agreement, McKnight pled guilty to possession with intent to distribute an imitation controlled substance. The prosecution declined to pursue the more serious charge of introducing controlled substance into a penal institution.

Judge Johnny E. Morrison sentenced the man to 5 years with all but 2 suspended. This means that Morrison will serve time in prison, followed by a period of supervised probation.
Drug charges can carry extremely serious penalties. Suspended sentences are somewhat common, however, for first time non-violent offenders. A suspended sentence means that the offender will serve probation in lieu of jail time.

If McKnight violates this term of probation, however he could be sent back to jail. A sentence “activation” can occur, by the order of a judge, when a probationer or parolee violates any of the rules set forth.

Although probation is no walk in the park, it is seriously preferable to serving active time. Studies show that having representation can increase your chance of getting a suspended sentence. If you are facing Virginia criminal charges and want to know what penalty you may be facing, call me for a consultation on your case.