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Same Burglary Case, Dramatically Different Sentences

The Daily Press ran a brief snippet of a story online this week, highlighting how two defendants in the same case, facing many of the same charges, can walk away with vastly different outcomes.

The case involved a home invasion. The two defendants were 20-year old Samual Goodwin Sanchez and 21 –year old Robert King Via, Jr. While the details of the case weren’t published, both men were charged with forcing themselves into a home and holding four people at gunpoint before making off with cash.

Via was found guilty at trial of conspiracy, armed burglary, robbery, firearms charges, and four counts of abduction. Sanchez, on the other hand, pled guilty in a plea agreement to charges of robbery, abduction, and firearms charges.

Sanchez was sentenced to 13 years in prison. Via, on the other hand, will face sentencing in a few months. But, the jury who convicted him has recommended a sentence of 128 years plus one day for his role in the crimes.

The Daily Press points out that judges rarely deviate much from sentencing recommendations from a jury, despite the fact that these recommendations are made by people who aren’t educated in the law and don’t have access to the state sentencing guidelines, “designed to help equalize sentences around the state.”

In addition to not having access to these important guidelines, jurors aren’t given any guidance on whether or not the sentences for each charge would be served consecutively or concurrently, a matter that could dramatically change the total number of years served.

There is a very good chance that Via will face a sentence that is numerous times longer than his codefendant’s. Part of that is because the judge will likely stick close to the jury’s recommendations and because Via chose to go to trial rather than admit fault in a plea agreement.

The vast majority of criminal cases, around some 97%, are resolved by plea agreement. A plea agreement is where you, the defendant, agree to plead guilty to at least some of the charges against you in exchange for a more lenient sentence or even reduced charges. This is what happened in Sanchez’s situation and no doubt at least part of the reason he is looking at a far lighter sentence.

If you are facing criminal charges and unsure of the sentence you face or the likelihood of a beneficial plea agreement, contact us today.

Virginia DNA Study Shows “Surprising” Potential for Wrongful Convictions

In the days before CSI showed us the forensic value of a piece of chewing gum, the science that led to convictions was far less error-proof. Things like blood typing and teeth marks were about as high-tech as you could get in fingering a suspect. Now, however, science has changed and because of this, the potential for wrongful convictions has likely fallen. But a look back on past cases may show just how common such mistakes were back in the days before DNA testing became so commonplace.

A unique opportunity to test DNA samples on past cases arose when a “trove” of old case files including biological evidence was uncovered in the Virginia Department of Forensic Science. The case files dated from 1973 through 1988 and hadn’t yet been put through the DNA wringer.

On a federal grant, the samples were sent to the Justice Policy Center at the Urban Institute for evaluation. Those samples are still being tested and compiled and the final report will likely come later in this year.

Estimates, however, show that the rate of wrongful convictions during the time period of those case files to be around 6%, a shockingly high number. “I would have guessed an error rate of 1 or 2 percent,” said Samuel R. Gross professor of University of Michigan Law School and former defense lawyer. “This is a very big surprise.”

Thirty-seven cases out of the original 638 are said to possibly support exoneration, and definitely warrant further investigation, according to John Roman, senior fellow with the researching Justice Policy Center. As of yet, nothing has been done with those cases in the way of exonerations, however.

Currently, researchers are running with those 37 cases to courthouses and sifting through old files to verify if mistakes were made and if the DNA evidence could eventually lead to exonerations in these decades-old cases. After all of the evidence is gathered, it will be presented to “an expert prosecutor, a defense lawyer, and a former judge” to for final evaluation.

The use of DNA evidence isn’t error proof, but it’s far more reliable than blood typing and could mean the difference between an innocent person spending the rest of their life in prison, or living it out normally. The time period being looked at by this study is particularly interesting because such evidence wasn’t used back then.

Though DNA isn’t available in all cases, other evidence can similarly eliminate you from a suspect pool. Discussing your case with a defense attorney is the first step in learning how the evidence in your particular situation can help or hurt you in court.

If you’ve been accused of a criminal offense in Virginia, contact our offices today to discuss your case.

Will “Spice” Be Banned In Virginia?

“Spice” is the latest legal way to get high for many students and young adults. It’s created using chemicals on a legal plant and then smoked for its intoxicating effects, and is considered something akin to a “synthetic marijuana”.
According the Virginia State Crime Commission, the substance is banned in at least three other states and Virginia may be next. There is no word on whether the name itself is derived from the novel Dune.
The problem with “spice” is in the health risks, according to supporters of criminalizing the substance. The American Association of Poison Control Centers states that in this year alone, they have received about 1,800 calls about the substance—70 of those coming from Virginia.
Nausea and seizures are among the potential side effects, though it doesn’t seem that anyone has had a fatal reaction. While I’m not suggesting we wait for someone to die before it’s criminalized, I am simply pointing out that there are far more dangerous legal substances currently on the market with no bans in place.
The substance is marketed as incense and usually involves spraying a number of chemicals on dried leaves like catnip. Makers of K2 and other forms of spice state it is not meant to be smoked and they cannot control what their consumers choose to do with it.
The high this substance provides is said to be similar to a marijuana high and this is why it’s commonly called a “synthetic marijuana”. It can be purchased at tobacco shops and other unique gift stores and “head shops”.
State legislators in Virginia are discussing banning the substance and there’s a good chance it will happen. Six bills have been introduced which would make spice illegal, criminalizing the chemical ingredients responsible for the resulting high rather than criminalizing the brand name or finished product.
There’s no indication how the substance would be classified or what the penalties would be for being found in possession of such a substance. If banned, the new possession laws would likely take effect later in 2011.
Critics are more concerned with adding another substance to the list of drugs already outlawed. While smoking spice might not be a smart idea, criminalizing it shouldn’t be the first line of defense. In a system that is losing the “War on Drugs” and incarcerating more people each day for nonviolent crimes, adding to the counterproductive laws doesn’t seem like a smart solution.
There’s a good chance spice will be banned here and throughout the country as the “tough on crime” approach still has the country in a headlock. We’ll just have to wait and see how the situation plays out in the legislature this upcoming session.
If you are charged with any sort of possession or distributing drug charge in Virginia, I can help. Contact our offices today for a free consultation on your case.

Reckless Driving By Passing a School Bus Loophole

One clever defendant and his attorney found a crazy loophole to beat a specific type of Virginia reckless driving charge.

You can be arrested and charged with misdemeanor criminal reckless driving for all kinds of behavior, from speeding over 80mph or 20mph over the posted speed limit to other types of dangerous or reckless driving, not moving over a lane when emergency vehicles are parked on the road, and countless other actions behind the wheel.
According to the Washington Post, this particular legal strategy hinges around some strange wording around the statute for reckless driving for passing a stopped school bus.
The exact wording in the Virginia Statue is:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

This wording of the reckless driving law was changed in 1970 for some reason, and it removed the word “at”.

So the case was won by arguing that he did not “fail to stop the school bus” which was already stopped.

The judge didn’t agree with the prosecution’s argument that the intention of the law was clear.
No doubt this law will be corrected and clarified by the Virginia legislature as soon as possible.

Frankly, I’m surprised this has been in the law for 40 years, and this is the first time someone has challenged the legal wording.

Virginia Dentist Guilty In Drug Distribution

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.