Posted on December 20, 2024 in Personal Injury

Speeding is believed to have contributed to two recent fatal accidents in Fairfax County. Two people died in separate crashes, and another was seriously injured. Drugs or alcohol may have also been a factor in a crash on Dec. 14. Speeding and driving under the influence are illegal and negligent behaviors, and injured victims or their families may be eligible for compensation.

Car accident cases can be complicated, even when speeding is a factor. You need the assistance of a competent Fairfax, VA attorney if you hope to get the full compensation you deserve.

What Is Negligence?

Negligence, which is careless or intentional behavior that can harm others, is the basis for most personal injury cases. Many driver errors are negligent, such as:

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 Posted on October 04, 2024 in Criminal Defense

Most theft offenses related to vehicles involve either young adults stealing vehicles to go on joyrides or older criminals misappropriating a vehicle for personal use or resale. Occasionally, those accused of vehicle-related thefts do not steal a vehicle but rather a vehicle component.

Certain parts of vehicles can be highly valuable. Decades ago, criminals smashed through car windows to steal CD players and other stereo system components. Tires and rims have also been popular targets for opportunistic thieves. People might return to a parked car to find it up on cinder blocks with the wheels missing.

In recent years, catalytic converters have become prized vehicle components. A catalytic converter is part of a vehicle’s exhaust system. Drivers generally notice their disappearance immediately because the vehicle runs rough and loud. Catalytic converters affect vehicle performance and fuel mileage as well as regulatory compliance. Individuals accused of possessing, purchasing or selling a stolen catalytic converter could face relatively serious criminal charges in Virginia.

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 Posted on August 05, 2024 in Criminal Defense

Everyone who is facing criminal charges has the right to an attorney. As part of their constitutional rights, people who can’t afford an attorney can have the courts appoint one for them. Typically, this person is a public defender. Individuals who can afford to pay can hire a private criminal defense attorney.

Public defenders and private defense attorneys are both required to represent the best interests of their clients and work to ensure that they get a fair trial. Despite those similarities, there are some differences to consider when it comes to these two categories of attorneys.

Public defenders

Public defenders are paid for by the government and are assigned by the court to represent people who can’t afford to pay an attorney. These lawyers handle a large volume of cases. Because they work with many clients, they represent defendants with a wide range of criminal charges. They’re often intimately familiar with the courts they work with, so they can draw from that knowledge as they guide their clients on defense strategies.

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 Posted on June 07, 2024 in Criminal Defense

Police officers are in a position to help stand up for people’s rights or to violate them, depending on the circumstances. Although people generally expect that police officers should follow the law and treat them with dignity, sometimes police officers abuse their position of authority and mistreat members of the public.

Defendants facing criminal charges sometimes raise claims about police misconduct in response to their pending criminal charges. For example, proving that an officer conducted an illegal search could lead to the courts setting aside certain evidence. Claims about police officer misconduct can be difficult to prove, as an officer might deny their actions. Video footage could potentially help prove a defendant’s version of events.

Do police officers working in Fairfax, Virginia generally need to have body cameras recording their interactions with the public?

Fairfax has rules about police cameras

Concerns about police officers abusing their authority and mistreating certain members of the public are nothing new. They have simply become more widespread thanks to the sharing of video footage and disturbing stories on the internet.

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 Posted on April 10, 2024 in Criminal Defense

Drones are unmanned aircraft that can be used to take beautiful pictures and monitor areas that would be difficult to watch otherwise. For those who are in Virginia – which is so close to the nation’s capital that it tends to employ stricter-than-average security measures under many circumstances – understanding the laws surrounding may be wise.

The legality of flying a drone over someone else’s property in Virginia depends on specific circumstances outlined in state law. Virginia statutes set clear boundaries that address the operation of drones based on privacy, safety and property rights.

Drone flights are limited in Virginia

Under Virginia law, intentionally operating a drone in ways that infringe on another person’s property and privacy is a Class 1 misdemeanor. This includes flying a drone within 50 feet of a dwelling without consent. This is especially true if the flight intends to coerce, intimidate or harass another person.

The law also prohibits drone operations that involve:

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 Posted on February 13, 2024 in Criminal Defense

The average driver feels a bit anxious during a traffic stop. Even someone who has never had a citation before might become very nervous during an encounter with law enforcement professionals. Even when people try to be compliant and respectful, officers could become aggressive or accusatory.

People from certain backgrounds may feel particularly anxious during an encounter with the police. Those with diagnosed mental health challenges, drivers from certain racial backgrounds and even female drivers stopped by male officers may feel incredibly anxious about a traffic stop.

Those worried about potential violations of their civil rights might consider recording their interaction with the police. Can adults in Virginia record police officers during a traffic stop?

Virginia is a one-party consent state

The federal Supreme Court has ruled on cases involving civilians recording the police. In general, those interacting with the police usually have the right to record the conduct of officers regardless of the jurisdiction. As public employees, police officers do not have the same right to privacy that many civilians take for granted.

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 Posted on February 23, 2023 in Criminal Defense

In a recent case coming out of the Circuit Court of Fairfax County, the defendant appealed his conviction of sodomy of a child under the age of thirteen years. Originally, the defendant was charged and convicted after he sexually assaulted a family friend, who at the time was an 11-year-old girl. On appeal, the defendant took issue with the victim’s lack of credibility; however, the court of appeals rejected the defendant’s arguments and eventually denied his appeal.

Facts of the Case

According to the opinion, the defendant was visiting his family friends one evening, one of whom was eleven years old. At one point during the evening, the girl’s mom went upstairs, and when she came back downstairs, she found the defendant sexually assaulting her daughter. Terrified, the mother screamed and brought her daughter upstairs. She did not, however, report the incident to the police.

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 Posted on February 07, 2023 in Criminal Defense

Towards the end of last month, a court of appeals in Virginia had to decide whether to reconsider a defendant’s guilty conviction for possession of methamphetamine. Originally, the defendant was charged and convicted after officers found drugs in the back of his truck; on appeal, he argued that the Commonwealth had not proven that he possessed ten grams of pure methamphetamine, which was required if the court was going to sentence him with as much time in prison as it did. Ultimately, the higher court agreed with the defendant and remanded the case for resentencing.

Facts of the Case

According to the opinion, the defendant was driving a blue pickup truck one evening when a police officer stopped him on the road. The defendant was carrying a motorcycle in the back of the truck, and the officer suspected the defendant might be stealing the motorcycle. The officer stopped the defendant, learned that the defendant did not have permission to take the motorcycle, and conducted an arrest.

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 Posted on January 21, 2023 in Criminal Defense

In a recent case before a Virginia Court of Appeals, the defendant argued that the lower court had unfairly sentenced him after his third DUI conviction. According to the defendant, the court considered the defendant’s previous two DUI offenses as evidence when deciding his sentence, and they were only technically allowed to consider one of the offenses in question. Ultimately, the higher court disagreed, and the original sentence was kept in place.

Facts of the Case

According to the opinion, the defendant in this case was first convicted of driving under the influence in early 2020. He was convicted for a second DUI offense in the summer of 2021, and he was convicted for a third DUI offense in late 2020. When the defendant was pulled over for the third DUI, the officer conducted a blood test and found that the defendant’s blood alcohol was .405%, well above the Commonwealth’s legal limit.

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 Posted on January 11, 2023 in Criminal Defense

In a recent case before a court of appeals in Virginia, the defendant argued that the judge in the lower court unfairly sentenced her after she violated the terms of her probation. On appeal, the court looked at the evidence and agreed that the court imposed an excess sentence, and that the case should be remanded so that the defendant would have another chance to argue her case before a trial court judge.

Facts of the Case

According to the opinion, the defendant in this case was convicted on several controlled substance charges, and she was sentenced to several years in prison as a result. The sentencing court, however, suspended part of her sentence because the defendant agreed to comply with the terms of her probation. These rules included the stipulation that the defendant had to follow all rules set by her probation officer. She also had to remain drug free for the entire term of her probation.

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