Posted on October 06, 2022 in Criminal Defense

Recently, a defendant in Virginia appealed his firearm convictions by arguing that the trial court should not have allowed evidence of a 911 call to be part of the Commonwealth’s case. According to the defendant, the call was not properly authenticated, and thus it was improperly admitted. Disagreeing with the defendant, the higher court denied the appeal and kept the original convictions in place.

Facts of the Case

According to the opinion, the defendant’s ex-girlfriend called 911 one day in November 2020 to report that the defendant had fired a shot outside her house. The ex-girlfriend said that the defendant had used a silver and brown-looking gun and that he had shot at her car approximately two minutes before the call. The ex-girlfriend also reported that the defendant had been convicted of felonies in the past, as well as that he was angry because the pair had recently broken up.

Eventually, police officers were able to track down the defendant at a nearby hotel. The officers saw the defendant’s car and noticed a live round of ammunition in the driver’s seat. They also seized a backpack that the defendant had been carrying, in which they found a few live .25 caliber rounds.

Continue Reading ››

 Posted on September 30, 2022 in Criminal Defense

In a recent appellate case coming out of a Virginia court, the defendant successfully appealed his unfavorable verdict from the lower court. At issue in the case was whether the defendant was fairly sentenced after he violated the terms of his probation. On appeal, the defendant argued the court had improperly considered the nature of his offenses before sentencing him to time in prison. The higher court agreed with the defendant, reversing the lower court’s decision.

Facts of the Case

According to the opinion, the defendant in this case appeared for a hearing to determine whether he had violated the terms of his probation. The stakes of the hearing were high: if the court were to find that the defendant had violated his probation terms, he would be sentenced to time in prison. If not, he would be re-released to live under the terms of his probation.

Continue Reading ››

 Posted on September 22, 2022 in Criminal Defense

The Fourth Amendment to the U.S. Constitution protects Virginia residents from unreasonable searches and seizures by the government. In the context of criminal law, the Fourth Amendment generally requires law enforcement officers to obtain a warrant from a judge before performing a search to investigate criminal activity. The warrant requirement does have exceptions that allow police officers to legally perform a search without a warrant. The breadth of these exceptions is constantly in dispute, as evidenced by a recent decision by the Virginia Court of Appeals which affirmed a defendant’s conviction even though police officers searched his vehicle without a warrant.

The defendant in the recently decided case was arrested after he was set up in a “sting” operation. The police had obtained an informant who notified them that the defendant was a substantial narcotics distributor in the region. Under the supervision of the police, the informant phoned the defendant and set up a meeting to purchase a large quantity of methamphetamine and a firearm. Upon meeting the informant, ploice detained the defendant and searched his vehicle. The search revealed drugs and a firearm, and the defendant was arrested for multiple offenses.

Continue Reading ››

 Posted on September 21, 2022 in Criminal Defense

Stafford County, VA DWI Cases

If you have been charged with DUI or DWI in Stafford County, you will need a highly skilled DUI attorney to represent you. Stafford is a "no nonsense" jurisdiction, meaning both the judges and prosecutors rarely show leniency when it comes to DWI offenses.

Your first court appearance is known as an arraignment. This hearing is waivable if you hire an attorney before the court date. When our DUI lawyers are retained on a Stafford case, our process begins by contacting the clerk’s office for available trial dates. We then confirm the best trial date option with the prosecutor’s office. Next, we submit our documents with the clerk, who then waives the arraignment and sets the case out for trial.

After scheduling a trial date, we send a preservation letter, discovery request and a request for the certificate of analysis of our client’s breath or blood sample. The letter is asking the prosecutor to keep a copy of all video or audio footage from the arrest. Discovery is the evidence in the DUI case, which will include a police report, criminal complaint, and the defendant’s record. The certificate of analysis is not applicable in Refusal cases.

Continue Reading ››

 Posted on September 14, 2022 in Criminal Defense

Types of Felony Crimes in Virginia

Felony crimes in Virginia are more serious than misdemeanor crimes. Felonies carry more penalties than misdemeanors and may have life-altering consequences. There are 6 felony classes, with class 1 being the most serious and class 6 being the least serious. If convicted of a felony crime in Virginia, your firearm rights and voting rights will be affected. If the felony crime is sexual in nature, registration on the national sex offender registry will also be required. Below are some of the most common felonies our attorneys handle in Virginia.

Class 1 Felonies

Class 1 felony convictions in Virginia may result in the death penalty or life in prison. The maximum fine is up to $100,000. First-degree murder or aggravated murder are examples of class 1 felonies.

Class 2 Felonies

Class 2 felonies in Virginia are punishable by up to life imprisonment and a $100,000 fine. Second-degree murder, aggravated malicious wounding, armed burglary, armed bank robbery, and financially motivated kidnapping are all examples of class 2 felonies.

Continue Reading ››

 Posted on September 08, 2022 in Criminal Defense

In a recent opinion on a Virginia firearms case coming out of a Virginia appeals court, the defendant appealed his conviction of possession of a firearm after conviction of a nonviolent felony. On appeal, the defendant argued that the trial court erred in denying his motion to suppress evidence found during a 2019 search of his vehicle. The defendant claimed that Code §4.1-1302(A), which took effect in 2021, applied retroactively and rendered the evidence seized in 2019 inadmissible as evidence against him in his 2021 trial. Examining the evidence, the court of appeals disagreed, and affirmed the original conviction.

Facts of the Case

According to the opinion, on November 15, 2019, an officer of the City of Newport News Police Department stopped a sports utility vehicle because it had an expired registration. The defendant was the sole occupant of the vehicle, and while speaking with the defendant, the officer noticed the odor of marijuana coming from the car. Based on the odor of marijuana, the officer performed a search of the vehicle and subsequently found a revolver. The defendant admitted that the revolver was his. As the defendant had a prior conviction for possession of cocaine, he was then arrested on a warrant charging him with possession of a firearm after conviction of a nonviolent felony. He was indicted for the offense in 2020.

Continue Reading ››

 Posted on September 07, 2022 in Criminal Defense

Types of Misdemeanors in Virginia

Generally, crimes are categorized as either misdemeanors or felonies in Virginia. Both misdemeanors and felonies have their own classes, which determine the crime’s severity and penalties. Misdemeanor crimes are separated into four classes, with class 1 misdemeanors being the most serious and class 4 being the least severe.

Class 1 Misdemeanors

All class 1 misdemeanors in Virginia carry a maximum 12-month jail sentence and a fine of up to $2500. Some misdemeanors may include additional penalties, such as suspended driving privileges, court-ordered classes, community service, restitution, and other penalties. It is important to retain a criminal attorney who is experienced handling the type of crime you are facing. Common class 1 misdemeanors in Virginia are:

• DWI, 1^st Offense
• DWI, 2^nd Offense
• Petit Larceny
• Assault & Battery
• Domestic Assault

Continue Reading ››

 Posted on September 01, 2022 in Criminal Defense

If you have been charged with a criminal offense in the Fairfax County General District Court, your first court appearance may be your arraignment. An arraignment or "advisement" hearing is the court’s opportunity to explain your charge, ask if you understand the charge, explain your right to an attorney and schedule your next hearing. Your next hearing will be your Information on Attorney date or "IAD."

Your arraignment is waivable, so long as you hire an attorney in advance. If you hire our Fairfax criminal lawyers before your arraignment date, we will submit the necessary documents with the court to remove your arraignment from the docket. Because the purpose of an arraignment is to advise the defendant, he or she will not need to attend it once an attorney is hired. It is the criminal lawyer’s job to advise his or her client, which is why the court waives the arraignment.

You are not required to hire an attorney prior to your arraignment. If you choose to attend your arraignment pro se (without a lawyer), the judge will give you a deadline for you to hire an attorney. This deadline is a scheduled hearing known as your Information on Attorney date. The IAD is waivable if an attorney is hired beforehand.

Continue Reading ››

 Posted on September 01, 2022 in Criminal Defense

In a recent appellate opinion in a Virginia firearms criminal case, the Commonwealth of Virginia appealed a decision by the trial court to grant the defendant’s motion to suppress evidence seized from a vehicle in which he was a passenger. On appeal, the Commonwealth argued that the trial court erred in granting the defendant’s motion to suppress evidence seized during a 2020 search of a vehicle the defendant was in. The Commonwealth claimed that the vehicle’s search was legal because it was supported by probable cause. Examining the facts of the case, the court of appeals disagreed, and affirmed the decision of the trial court.

Facts of the Case

According to the opinion, on July 6, 2020, a Virginia Beach Police officer was on patrol when he heard gunshots and saw a car speeding away from the location of the shots. The officer stopped the vehicle to identify the driver and the passenger, who is the defendant. While speaking with them, the officer noticed a brown cigarette that he believed to contain marijuana. There was no marijuana smell, and the officer did not examine the cigarette or field-test it. He told the defendant that he found what he believed was marijuana, and the defendant responded that he would “take the charge.” The officer advised them that if he did not find any other marijuana in the car, he would not charge them with possession of the drug.

Continue Reading ››

 Posted on August 11, 2022 in Criminal Defense

In a recent opinion coming out of a Virginia court, the defendant appealed his conviction of aggravated involuntary manslaughter and his sentence of 20 years in prison. On appeal, the defendant’s main argument was that the evidence used at trial was not sufficient to result in a guilty conviction. Looking at the evidence, the court of appeals disagreed and affirmed the original conviction.

Facts of the Case

According to the opinion, the defendant in this case was at a nightclub one night with friends – over the course of the evening, he consumed seven beers and considered himself competent enough to drive home. Around 2:00am, the defendant got in his car and left the bar, later colliding with another vehicle as he was driving home.

A witness to the accident reported that he saw the defendant’s car speeding through the light. The force of the collision launched the second car off the road and up an embankment, at which point the second car struck a pole. The driver of the second car died immediately from blind force trauma to his head.

Continue Reading ››