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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 Posted on November 22, 2022 in Criminal Defense

Earlier this month, a Virginia court of appeals denied a defendant’s request to overturn his DUI conviction. Originally, the defendant was charged with and convicted of driving under the influence, and he was sentenced to twelve months in jail as a result. On appeal, one of the defendant’s arguments was that the officer that pulled him over did not have the legal authority to conduct the traffic stop, and thus that the evidence the officer obtained should have been suppressed at trial. Ultimately, the court of appeals disagreed with the defendant and denied the appeal.

Facts of the Case

According to the opinion, a state trooper was patrolling one afternoon when he noticed the defendant, driving with an expired vehicle registration on the back of his car. The officer proceeded to conduct a traffic stop, pulling the defendant over on the side of the road.

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 Posted on October 28, 2022 in Criminal Defense

Recently, a court of appeals in Virginia was faced with the decision of whether or not to remove a defendant’s name and identifying information from the Virginia Sex Offender Registry. Originally, the lower court had denied the defendant’s petition in 2021, deciding that his information would have to remain on the public registry. On appeal, the higher court agreed, ultimately keeping the defendant’s name on the list.

Facts of the Case

According to the opinion, the defendant pled guilty in 2001 to two counts of “crimes against nature.” While the opinion did not disclose the exact crimes the defendant committed, it did discuss the consequences that were involved. The two offenses happened on the same day, and the convictions forced the defendant to register on the Virginia Sex Offender Registry. The defendant complied with the requirements necessary under the registry, and he continued updating his information yearly through 2021.

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 Posted on October 26, 2022 in Criminal Defense

Recently, an appellate court in Fairfax County determined that the trial judge incorrectly allowed a trial to proceed in a criminal defendant’s drug case. Because the lower court improperly allowed the defendant’s case to move forward, the defendant was entitled to a reversal. The court then vacated the defendant’s conviction.

Facts of the Case

According to the opinion, the defendant in this case was charged with two counts of possessing a controlled substance with intent to distribute, what courts often abbreviate as “PWID.” Going into the trial, the Commonwealth argued that the defendant was convicted of a similar offense twice before; thus, because this was his third PWID offense, he should be subject to significant time in prison.

At trial, however, the defendant argued that the Commonwealth’s evidence proving that he was convicted of two previous PWID offenses was insufficient. The documents were not authenticated and showed inconsistent information. The court agreed with the defendant and allowed him to strike the evidence from the record.

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 Posted on October 22, 2022 in Criminal Defense

In a recent appellate opinion regarding a defendant’s violent behavior and eventual killing of his wife, the court agreed with the defendant’s arguments and reversed his guilty conviction. According to the court, there was a significant chance that the defendant acted violently because he suffered from extreme mental illness. Given this possibility, the court vacated the defendant’s guilty conviction.

Facts of the Case

According to the opinion, the defendant’s wife told him she wanted a divorce in March 2017. Infuriated, the defendant began acting violently. He committed several serious domestic violence offenses against his wife, strangling her with his hands and a pair of pajama bottoms.

The defendant’s wife died from injuries related to the incident. The defendant called 911 himself to report what he had done, telling the 911 operator that he had heard voices controlling his mind that told him to commit the offense. When officers arrived at the scene of the crime, the defendant made no attempt to hide what he had done.

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 Posted on October 17, 2022 in Criminal Defense

In a recent case revolving around identity fraud in the Commonwealth of Virginia, the court of appeals affirmed the lower court’s verdict and concluded there was sufficient evidence to find the defendant guilty. On appeal, the defendant argued that the Commonwealth was required to present more evidence in order to support the guilty verdict. The court, however, disagreed, and the lower court’s ruling stayed in place.

Facts of the Case

According to the opinion, the defendant in this case applied for and received a job in September 2016 as a caretaker for an elderly woman. As part of the job, the woman’s son gave the defendant a credit card, and he told her to use the card for anything his mother needed. The woman’s son did not ask for receipts for any of the defendant’s purchases.

In 2018, the woman’s son became suspicious. He noticed that the card had been used to buy jewelry, as well as to buy gift cards to grocery stores and department stores. Acting on these suspicions, the son fired the defendant. A grand jury indicted her of identity fraud, finding that she had illegally used the son’s credit card to fund her own purchases unrelated to the job at hand.

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 Posted on October 12, 2022 in Criminal Defense

Recently, a Virginia court denied a defendant’s appeal in a case involving delays due to COVID-10. On appeal, the defendant argued that the delay between the date he was charged for armed burglary and the date he was convicted was unreasonably long, thus violating his constitutional right to a speedy trial. The court considered the defendant’s argument but ultimately denied it, deciding the pandemic was sufficient justification for the delay.

Facts of the Case

According to the opinion, the defendant was charged with armed burglary after an incident that occurred in September 2018. Apparently, the victim of the burglary was home alone when two men entered her house unannounced. Both men had guns and both men were covering their faces so as not to be discovered.

One of the men immediately began searching the woman’s house for money, while the other kept a gun held to her head. At another point in the encounter, one of the men raped the woman and demanded that she clean herself afterward to erase evidence of the rape.

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