Posted on October 09, 2019 in Criminal Defense

A Miranda warning is designed to be a protection against self incrimination, that is, a protection from defendants being forced to make statements or give other information that will help the government convict them of a crime. The Miranda case says that where a person is in custody and being interrogated (asked questions) those circumstances are similar to a forced confession. For that reason, the police must first warn a person who is in custody and being questioned that they have the right to remain silent, that what they do say will be used against them in court, and that they have the right to a lawyer. Unless the warning is given, the statements made by the defendant cannot be used in court.

Why did I receive a Miranda warning? Simply, because the police hope that you will make statements they can use to convict you. It is never just to “get your side of things,” it is always to build a case against you.  At the end of the warning, you may be asked if you understand you rights and are willing to waive them. The answer should be “no” 100% of the time until you can talk to a lawyer. Any statement you make, even if you declare your innocence, can be twisted and used against you.

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 Posted on October 04, 2019 in Criminal Defense

Fairfax County has a special program designed specifically for petit larceny and other misdemeanor theft cases. This is called the OAR program. The general requirements to be eligible for the program are a) this must be your first offense, and b) you must be charged with only one offense. The program consists of completing 1) your are required to plead guilty or no contest to the charge, 2) 50 hours of community service, 3) the shoplifter’s prevention course, and 4) a period of probation. Upon completion of all requirements the charge is dismissed.

There some problems with this program. First, the charge is not expungeable, which means that it will stay on your record as a dismissed charge permanently. This means that it is something that you will most likely have to explain to employers. This can also have an impact on both qualifying for and maintaining security clearances. Second, if you are not a United States citizen, this will still count as a conviction for immigration purposes. This is due to the fact that under Federal Law, a plea of guilty or no contest is sufficient for the conviction itself. Therefore, even though the charge is dismissed, it can still have a negative impact on your immigration situation. We at Robinson Law can assist you in managing your case to determine the best outcome for your specific situation and work towards achieving it.

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 Posted on September 04, 2019 in Criminal Defense

by Benjamin Griffitts, Senior Attorney

It would be tough to think of a classification of criminal acts that stir up as much emotion and strong feelings as those in the sex crimes category. Homicides are clearly horrible and tragic for the loss of life and the emptiness that a deceased person leaves behind in their survivors. So while sexual assault cases in themselves do not result in a loss of a physical life, it is commonly thought that sex crimes are homicides of the soul and spirit.

It is also the one category of criminal acts that I hear so often from colleagues in the defense bar that they are just unwilling to take such cases. I understand the feeling. In a business that seems so often cold and shallow, it is difficult to separate your own emotions and feelings when you are faced with representing a defendant who is accused of doing something to someone that you experienced yourself or that someone close to you experienced; or someone is accused of doing something to a child, and you have a child of a similar age, or a niece or nephew. Attorneys are not robots. At the same time, our justice system fails if we decide that due process and Constitutional rights do not extend to those accused of committing the most horrific crimes. So we at Robinson Law do take on these cases.

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 Posted on August 14, 2019 in Criminal Defense

How long can a traffic stop be?
If the police observe a traffic violation, they may stop the car. But how long can that stop last? Surprisingly, until 2015 there wasn’t a clear legal answer to this common situation. In 2015, the U.S. Supreme Court addressed this question in Rodriguez v. United States. Rodriguez had been stopped by the police for driving on the shoulder of a roadway. The officer spoke to Rodriguez, obtained his information, ran his license, and then issued him a ticket. After the officer issued the ticket, however, he didn’t let Rodriguez go. The officer instead held Rodriguez on the scene and then walked his police dog around Rodriguez’s car. The dog alerted that there were drugs present, and the officer searched the car and found drugs.

Rodriguez challenged the officer’s extension of the traffic stop. He argued that the stop had become illegal when the officer kept him on the scene after issuing him the ticket.

The Rule
The Supreme Court agreed with Rodriguez. The Court laid down a rule that a traffic stop “becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission of issuing a ticket for the violation.”

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 Posted on August 07, 2019 in Criminal Defense

In the world of criminal law in Virginia, Juvenile and Domestic Relations District Courts oversee cases that involve juveniles (anyone under the age of 18 at the time of the offense) accused of crimes, or crimes committed by adults where a juvenile or a "family or household member" is the alleged victim. In Prince William County, the J&DR Court handles cases that take place in the County, as well as the cities of Manassas, Manassas Park, the Towns of Haymarket, Quantico, Dumfries, and Occoquan. In this post, I will briefly discuss the basics of cases where a juvenile is accused of a crime.

The primary role of the Court in any criminal case is to uphold the rule of law. If a person is found guilty of a crime, it is the responsibility of the court to impose a sentence that takes into consideration the appropriate punishment for the Defendant in relationship to what has been done, as well as the possibility of deterring the Defendant and others from committing similar acts in the future, or rehabilitating the Defendant to be a more productive member of society. In J&DR Court when it comes to the criminal conduct of juveniles, the Court often sees its role much more as rehabilitative—to teach the juvenile to learn from their mistakes and mature into adulthood.

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 Posted on July 31, 2019 in Criminal Defense

By Bret Lee, Senior Attorney

Northern Virginia is a hub of federal activity. Throughout Fairfax County, Arlington, Alexandria, and Prince William County are numerous federal agencies, parks, and buildings. Traffic crimes committed in national parks or on military property can result in different charges than you would normally face in Virginia state courts. One very common charge is driving while intoxicated (DWI) or under the influence (DUI), which becomes a federal charge if it occurs on federal property. DWI and DUI charges in Federal Court are a cross between state law violations and federal laws and regulations such as the CFR.

Whether you received a DUI charge on the grounds of Fort Belvoir or a DWI leaving Wolf Trap, you need to be prepared and have the right advocate by your side. Federal charges can have massive implications for immigration, job applications, and security clearances. There are a wide variety of consequences that a federal judge can impose in a DWI sentencing. Jail and loss of driving privileges are a real risk with these charges. Federal security clearances can be severely affected if you are convicted of a federal DUI.

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 Posted on July 24, 2019 in Criminal Defense

July 1, 2019 addition to reckless driving – Va. Code §46.2-861.1

Aside from all of the Reckless Driving statutes that have been in existence for a while, recently, the Legislature passed a law making passing an emergency vehicle on the roadway a misdemeanor offense and combined it with the other Reckless Driving statutes.

What this means is passing a stationary vehicle on the side of the road whose blue, red, white or amber emergency lights are activated without slowing down or moving over is a class 1 misdemeanor. It is punishable by up to $2500, and up to 12 months in jail. Additionally, the legislature has included 2 new license suspension provisions to this statute. Reckless Driving normally only carries a maximum of a 6 month loss of license, however, if the violation of this statute results in property damage, then the court could suspend your license for up to 1 year, and if the violation results in injury or death to another person, then the court can suspend your license for up to 2 years. This makes this statute far more severe than it had been.

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 Posted on July 17, 2019 in Criminal Defense

Grand larceny in Virginia can be charged in three different ways: taking money or anything else that is worth $5 or more from a person (that is, physically from them), committing larceny of something that is worth $500 or more, or committing larceny of any firearm regardless of its value. In layman’s terms, a larceny is the carrying and taking away of someone else’s property with the intention to permanently deprive them of it. Other words commonly used for this are stealing or theft.

There are several components to larceny in Virginia. The first is the taking and carrying away. In most cases this involves physically handling and removing money or something else of value. Though in shoplifting cases, simply concealing an item in a bag or removing or altering the price tag is considered enough, even if the item has not yet left the store.

Next, the property must belong to someone else. So, for example, you cannot commit larceny of something you co-own with others, unless you have given up your right to use or possess it by agreement.

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 Posted on July 10, 2019 in Criminal Defense

By Andrew Criado, Senior Attorney

The first line of attack against a DUI in Virginia is the traffic stop. If the defense can show that the police stopped the car without a reasonable basis, the court will suppress the evidence gained from the stop, and the DUI will be dismissed.

When can the police stop a car?

The police must always comply with the Fourth Amendment, which says in part that “[t]he right of the people to be secure in their persons . . . against unreasonable searches and seizures, shall not be violated.” A traffic stop is a “seizure” under the Fourth Amendment. That seizure must be reasonable. What is a reasonable seizure? In general, the police may stop, i.e. seize, a car when there is probable cause (or at least reasonable suspicion) of a traffic violation. Example: The police clock a car going 40mph in a 25mph zone. The police stop the car. That stop is a reasonable seizure because the police had reasonable suspicion of a traffic violation.

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 Posted on July 03, 2019 in Criminal Defense

Domestic assault charges in Virginia require the best defense.  Family is the most important thing for most people.  That is part of why a domestic assault charge can be so terrifying to someone who has not been in trouble before:  it cuts to the core of your personal life.  At Robinson Law, we are experienced in defending those who have been charged with domestic assault or assault against a family member. We are prepared to do what it takes to guide you to the best outcome possible.  It starts with informing you about how the case will proceed in court, how you may help us, and preparing you for the possible results of the case.

There are some common misperceptions about domestic assault charges.  The charge is brought by the Commonwealth of Virginia, not just the alleged victim.  If the victim changes his or her mind and does not want to proceed with the charge, that does not mean the case will be automatically dropped in Virginia.  In fact, the victim can sometimes be forced to testify in court against the defendant.  The charge also cannot be dropped by a civil settlement.  It is still critical to have an attorney help resolve the case even if everyone wants a dismissal, because not all dismissals are treated the same under Virginia law.

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