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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 Posted on December 28, 2022 in Criminal Defense

Earlier this month, a circuit court in Virginia ruled on a defendant’s appeal of his rape conviction. Originally, the defendant was charged and convicted after he allegedly showed up as his ex-girlfriend’s house and had non-consensual sex with her. On appeal, the defendant argued the evidence was insufficient to support his guilty conviction, and he asked the higher court to reverse the verdict. The higher court, however, ultimately disagreed with the defendant and sustained his original conviction.

Facts of the Case

According to the opinion, the defendant in this case showed up at his ex-girlfriend’s home one evening, with whom he had been in an “on again, off again” relationship. The ex-girlfriend answered the door and said that she was very tired, that she had fainted earlier in the day, and that she just wanted to go to bed. She explicitly told the defendant she did not want to have sex, but she let him inside to lie in bed with her while she fell asleep.

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 Posted on December 20, 2022 in Criminal Defense

Recently, a circuit court in Virginia ruled on the Commonwealth of Virginia’s appeal in a sex abuse case. The defendant had been charged with having sexual intercourse with a child, and the trial court had made the decision to suppress certain statements the defendant made to officers investigating the crime. On appeal, the Commonwealth argued that the statements should not have been suppressed, since the defendant had made the statements voluntarily. Agreeing with the Commonwealth, the higher court reversed the trial court’s decision.

Facts of the Case

According to the opinion, the defendant in this case was brought into the police station because officers suspected him of abusing his role as a child custodian and having sex with a minor. The officers had not charged the defendant with any crime, but they wanted to speak with him to figure out if he was a legitimate suspect.

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 Posted on December 11, 2022 in Criminal Defense

In a recent drug case before a Virginia court of appeals, the Commonwealth appealed a lower court’s ruling in the defendant’s favor. Originally, the defendant in this case was charged with illegal drug possession. He successfully argued that his incriminating statements he made to police officers should be suppressed at trial, but the Commonwealth challenged this lower court’s ruling. The higher court ended up agreeing with the Commonwealth and reversing the original ruling.

Facts of the Case

According to the opinion, two officers were on patrol one evening when they pulled the defendant over in a standard traffic stop. The defendant told the officers they were free to search the car, and the officers found a bag of white powder on one of the vehicle’s floorboards.

One of the officers began to conduct an arrest. When asked what was in the bag, the defendant readily admitted that it was “probably cocaine.” He also freely stated that he had a tool for smoking weed in his pocket. The officers put the defendant in their patrol car, gave him the required Miranda warnings, and asked again what was in the bag. The defendant admitted for a second time that the substance was cocaine.

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 Posted on November 30, 2022 in Criminal Defense

Earlier this month, a circuit court in Virginia was faced with the decision of whether to grant a defendant’s appeal in a case involving marijuana and firearm possession. In his appeal, the defendant argued that because of his constitutional right to privacy, the court should have suppressed incriminating evidence that officers found when searching his home. The higher court reviewed the facts of the case and ultimately denied the defendant’s appeal, upholding the original guilty verdict.

Facts of the Case

According to the opinion, two officers came to the defendant’s apartment one afternoon because a neighbor had called 911, reporting disorderly conduct. As soon as the officers stepped out of their car, they smelled marijuana, and they approached the defendant’s door to investigate the odor as well as the possible disorderly conduct.

When the defendant answered the door, he told the officers they could not come in without a search warrant. The officers told the defendant that he had two options: he could let them inside, or he could wait on the porch in handcuffs while they went to get a proper warrant. The defendant conceded that he had been smoking marijuana, and the officers immediately entered the apartment.

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