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Underage DWI / DUI in Virginia: Young drivers find themselves held to a higher standard than over-21 drivers, but they face the same severe penalties.
November 6th, 2015
Virginia has a law that specifically targets underage drinking and driving. This law is similar to a regular DWI / DUI, but it is much more stringent in its application. In effect, the under-21 driver is held to a higher standard than an over-21 driv…
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Categories: Criminal Defense
Tags: DUI/DWI
For inmates in Virginia: your phone calls are being recorded!
May 26th, 2015
From the Virginian Pilot comes this article: “Jails are all ears for inmates’ phone calls.” The article is long, but well written. It explains the various ways that jail phone calls can, and often do, impact the outcome of a criminal case. Ever…
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Categories: Criminal Defense
[Video] Seriously. Don't talk to the police.
March 16th, 2015
“[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” Watts v. Indiana, 338 U.S. 49, 59 (1949) (Justice Robert Jackson, concurring in part and dissenting in part)…
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Categories: Criminal Defense
Tags: Police
I missed my court date for my case. What happens next? Do I have any options?
February 25th, 2015
You missed your court date for a case in a General District Court in Virginia. Now what? If you missed your court date for a minor traffic case, you were most likely found guilty in your absence. (See below for reckless driving charges and other crim…
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Can I get my criminal conviction expunged / cleared from my record?
November 12th, 2014
This is a question I get fairly often. A criminal conviction can follow a person forever. It can cause all kinds of difficulty with employment opportunities, security clearances, and even collateral issues like child custody. Conviction vs. Charged v…
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Categories: Criminal Defense
Tags: Expungement
What happens after a driver's license suspension?
November 6th, 2014
Many people do not realize that driving on a suspended license is a Class 1 misdemeanor in Virginia. It is punishable by up to 1 year in jail, a $2500 fine, and an additional license suspension.Moreover, on the third or subsequent conviction, the jud…
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Tags: Driver's License
I'm supposed to go to an arraignment. What the heck is an arraignment?
November 6th, 2014
In General District Court, an arraignment is when someone is formally advised of the criminal charges against them and advised of their right to an attorney. It is very likely that a person will need to appear at an arraignment on charges of Driving…
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Categories: Criminal Defense
Of the many concerns with criminal juries...
November 6th, 2014
…they are unpredictable. The decision to take a criminal case to a jury is a very tough decision. Compared to a bench trial, which occurs only in front of a judge, a criminal case in front of a jury is an entirely different ordeal. In weighing…
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Categories: Criminal Defense
I have to go to a preliminary hearing in a General District Court in Virginia. What is a preliminary hearing?
November 6th, 2014
When a person is charged with a felony in Virginia, their case will usually proceed through two different phases: A preliminary hearing in the General District Court. A trial in the Circuit Court. The preliminary hearing is a very important first ste…
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Categories: Criminal Defense
I am charged with possession of marijuana in Virginia. What are the possible consequences? Can I avoid a conviction if it is my first offense?
November 6th, 2014
In Virginia, possession of marijuana is a criminal offense. It is often referred to as “simple possession” to distinguish it from more serious felony drug charges, such as Possession with Intent to Distribute (PWID). Possession of marijuana is a…
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Categories: Criminal Defense
Tags: Drug Charges