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VA Exoneration Law Has Flaws

Ideally, when you are innocent of a crime, you shouldn’t have to serve prison time for it. Even if you are convicted, which does happen, there should be safeguards in place to ensure you have access to relief through the appeals process. This is an ideal situation. Unfortunately, in most states we are operating at far less than the ideal.

The Virginia law that allows convicts access to exoneration is being criticized as being poorly written. Virginia Attorney General Ken Cuccinelli, in a position that normally backs all conviction, says that parts of the law are definitely “worthy of reconsideration.”

According to the Richmond Times-Dispatch, the flaw isn’t involving cases where there is DNA or similar evidence, but in those where there is only non-biological evidence. In such cases, the attorney for the allegedly wrongfully convicted must prove to the courts “by clear and convincing evidence that no reasonable juror would find beyond a reasonable doubt” that this person committed the crime.

In discussing the hurdles one has to go through to overcome a wrongful conviction, Cuccinelli said, “It needs to be a high bar, by the process by which it’s handled and the hoops you have to get through, I think, are worthy of reconsideration.”

The issue with the law concerning nonbiological evidence is that it includes both a “clear and convincing” standard and also a “beyond a reasonable doubt” standard, both of which are pretty high. In addition, the rule is written in an awkward manner, making it even more difficult.

Interestingly Cuccinelli was one of the state senators at the time who wrote and passed the law.

The most recent case, and only one of two to have successfully used the law was that of Thomas E. Haynesworth. Haynesworth served 27 years in prison for several crimes he didn’t commit. He was convicted in 1984 at the age of 18 for attacking four women. DNA evidence later proved his neighbor, who resembled him and had his same blood type, was actually guilty in at least two of the attacks. There was no DNA evidence in the final two cases.

It took several years and much work for Haynesworth to be exonerated for the other two crimes, but it did happen and he was only the second in the state to be granted a writ of actual innocence based on non-biological evidence.

Cuccinelli said the case proved, “the system isn’t perfect, and neither are we.”

When you are mistakenly accused of a criminal offense, you never think it would result in you spending years behind bars. You assume that things will be worked out long before then.

Whether you are wrongfully accused of violating a protection order or if they “got the wrong guy” in a robbery case, you need a tireless advocate working on your behalf. Call today for a legal consultation.

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.