Recent Blog Posts in February 2011 |
| February 16, 2011 |
| Prescription fraud in Virginia |
| Posted By Shawn Cline |
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One of the most common drug offenses in Virginia, after possession of marijuana, is prescription fraud. Individuals that you would never think of as criminals can find themselves facing prescription fraud charges. These cases usually involve individuals within the health care profession, such as nurses, pharmacists, doctors, and pharmacy technicians. Easy access to presription narcotics can lead to temptation and pressure from friends and family to procure pills without authorization. Often times these individuals or their friends and family are suffering from addiction related to a prior medical condition for which they were prescribed pain killing medication.
While these people more often that not need treatment instead of punishment, Section 18.2-258.1 of the Code of Virginia makes this conduct a Class 6 Felony, punishable by up to 5 years in the state penitentiary! If you or someone you love is facing a charge of prescription fraud,
contact us right away. There is much that can be done to defend this charge. Often times a skilled attorney is able to present alternative dispositions to the Commonwealth's Attorney in these matters, avoiding prison time and felony convictions. The statute provides for a first offender program for eligible persons, whereby the charge is reduced to a misdemeanor after completion of certain statutory requirements. The bottom line is that this charge is serious, but can be addressed by a skilled and aggressive criminal attorney. |
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| February 08, 2011 |
| Charged with selling alcohol to a minor? |
| Posted By Shawn Cline |
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I see more and more clients charged with selling alcohol to underage persons in violation of Virginia Code Section 4.1-304, which prohibits sale of alcohol when the seller "knows or has reason to believe" that the purchaser is under 21 years old. Many hard working Virginians in the service industry or working at grocery and convenience stores sell alcohol hundreds of times a day in the course of their employment. These people do their best to ensure that they aren't selling to minors, but sometimes there are external pressures or simple fatigue that cause a lapse in vigilence, leading to an unlawful sale. The Virginia Department of Alcoholic Beverage Control (ABC) is constantly conducting stings on local alcohol venders, looking for occassions where minors are able to successfully make an illegal purchase. The stings are generally conducted using minors aged 17-19 under the supervision of a senior ABC agent who watches the purchase from a distance.
The ramifications of being caught in one of these stings are huge, especially for the individual who allows such a sale. First, the criminal charge is a Class 1 misdemeanor, carrying up to a year in jail and a fine of up to $2,500. But second, and perhaps even more severely, these individuals are often fired from their jobs upon conviction.
The employers know that ABC will come after them for large civil penalties, typically $2,000 for a first offense. For this reason, they tend to be merciless on the employee who accidently engaged in the sale.
If you have been charged for sale of alcohol to a minor, contact us right away. There is much that an aggressive lawyer can do to attack this charge. Don't accept a conviction as a foregone conclusion, as it may cost you your job, a lot of money, and perhaps even your freedom... Don't let this happen to you! |
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| February 03, 2011 |
| I've been charged in a dog bite case. What does this mean for me and my dog? |
| Posted By Shawn Cline |
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Many of my clients are dog lovers, and occasionally I receive a call from someone who has been charged under Virginia Code Section 3.2-6540 for a dog bite incident. These charges can be devastating for several reasons. Not only do they carry the possibility of jail time under certain circumstances, but they can result in the animal being put down. For these reasons, you must hire an aggressive criminal defense attorney to ensure that both you, and your dog, are spared.
Dog bite cases can result in the animal being classified as either a "dangerous dog" or a "vicious dog". The difference between the two is literally a matter of life and death. A dog found to be a "dangerous dog" must be registered as such with animal control and wear a special tag indicating this status. The owner of such an animal must periodically re-register the dog, and must maintain certain standards of enclosure in their yard, as well as signage warning others that the animal has been labeled "dangerous". In addition, the owner must maintain at least a $100,000 insurance policy against potential dog bites, or in the alternative must post a bond in the same amount as surety against such an attack.
These restrictions may seem severe, but they are far better than the determination that an animal is a "vicious dog". Any dog so designated shall be summarily euthanized by the local animal control agency.
Obviously, if your dog is involved in an attack on a person or another domestic animal, it is critical to get proper aggressive representation. Your pet's life may depend on it.
In addition, there are potential criminal penalties for the owners of "dangerous dogs" who engage in subsequent attacks after such designation. The owner of a dangerous dog that attacks another dog or cat will be charged with a Class 2 misdemeanor, punishable by up to 6 months in jail. The owner of a dangerous dog that bites a human will be charged with a Class 1 misdemeanor, punishable by up to 1 year in jail. If the dangerous dog's attack is the result of the owner's "reckless disregard for human life" and results in serious bodily injury, the owner will be charged with a Class 6 felony, resulting in one to five years in the state penitentiary.
As you can see, the stakes are quite high in dog bite cases. Not only is the owner's freedom at risk, the family pet's very life is in danger. If you are facing these types of charges, call us right away. We love dogs too, and we're ready to fight for yours! |
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| February 03, 2011 |
| What is "disorderly conduct"? |
| Posted By Shawn Cline |
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I see clients fairly regularly who are charged with "disorderly conduct". Many people feel like there is no way to beat this charge, because very often they were intoxicated when they interacted with the police and said or did some things that they wouldn't have done when they were sober. Police officers will often cite citizens for disorderly conduct for simply behaving badly. The bad news is that disorderly conduct is a class 1 misdemeanor, punishable by up to one year in jail. The good news is there are many ways to defend against this charge.
Disorderly conduct is governed by Virginia Code section 18.2-415. First and foremost, for conduct to be charged as "disorderly", it must have occurred in a public place. In other words, if you are in your own home, or on other private property, you cannot be charged with disorderly conduct. Disorderly conduct is more than mere rudeness or lack of decorum. Disorderly conduct is one of three things:
First, disorderly conduct can be "conduct having a direct tendency to cause acts of violence by the person... at whom the conduct is directed". In other words, conduct that has a direct tendency to incite violence.
Second, disorderly conduct can be disruption of "any funeral, memorial service, or meeting of the governing body of any subdivision of this Commonwealth... or of any school, literary society, or place of religious worship" if, and only if the disruption "prevents or interferes with the orderly conduct" thereof or has the tendency to incite violence.
Third and last, disorderly conduct is conduct disruptive of any school or activity of any school if the disruption prevents or interferes with the operation of the school or activity.
As you can see, disorderly conduct covers a very narrow range of activity. Often times police officers will be frustrated with a belligerent suspect, but will have nothing to charge them with, so they will charge them with disorderly conduct. Do not simply accept a conviction as a given if you are charged with this offense. There are countless legal arguments to beat a disorderly conduct charge. Call us right away, we can tell you how! |
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