Wednesday, October 21, 2009

More on Driving I-81 Dangers

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.



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Monday, August 31, 2009

Virginia Assault Charged in Deliberate Fire Attack

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.

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Tuesday, May 26, 2009

Richmond Hit & Run Leaves Boy Stunned and Police Searching

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.

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Tuesday, May 12, 2009

Madison VA Police Seek Suspects In More Than One Assault Case

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.

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Tuesday, April 21, 2009

Virginia Corrections Officer Sentenced for Drug Charge

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.

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