Recent Blog Posts in March 2011 |
| March 28, 2011 |
| Internet Solication of a Minor |
| Posted By Shawn Cline |
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Given the popularity of shows like "To Catch a Predator", many state and federal law enforcement agencies have stepped up efforts to catch individuals who may be using computer chat rooms and other internet media to solicit minors to engage in various sexual acts for liaisons. Police officers will enter these chat rooms and websites posing as children for the purpose of catching individuals who are seeking to contact children. These police officers are not required to identify themselves, even if asked to do so, and frequently will set up meetings wherein the adult on the other end thinks he is going to meet with the child, but instead walks into a police sting.
In Virginia, soliciting a minor over the internet is a felony, with maximum punishments ranging from 5 to 40 years in the penitentiary, depending upon how the Commonwealth's Attorney decides to charge the case. In addition, any such conviction will result in registration as a sex offender.
If you or someone you know has been charged with this offense, you must contact an aggressive criminal lawyer right away. Time lost is opportunity lost, and you need an attorney who is ready to assist you in fighting this serious charge. Contact us right away, we are here to help! |
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| March 15, 2011 |
| DUI law in Virginia and Melendez-Diaz |
| Posted By Shawn Cline |
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Many people, and unfortunately many attorneys, consider a DUI to be a simple charge. To the uninitiated, it may appear that there is no way to beat a DUI. The defendant generally had been drinking, and the breathalyzer usually indicated as much. Is that the end of the story? Not hardly.
Among the myriad of tools that an aggressive DUI defense has in his tool box is the recent Supreme Court decision in United States v. Melendez-Diaz. At first blush,
Melendez-Diaz has nothing to do with DUI litigation. In fact, the case deals with the requirement in drug cases that the state produce live testimony from technicians from the laboratory instead of printed laboratory reports to show the chemical makeup of suspected narcotics. The basis for this holding is that every American has the right under the
6th Amendment to "confront witnesses against him" in a criminal prosecution. Essentially, the state cannot print out a report from a mysterious lab technician and then present that report as evidence at trial without the defendant having the opportunity to cross examine the technician who conducted the actual testing. That being said, for decades previous to
Melendez-Diaz, that is exactly what was done.
So what does all this have to do with DUI law? Well, if you have recently been charged with DUI, you should have in your possession a green piece of paper with "Department of Forensic Science" printed at the top of the page. There is a complex series of statutes that governs the admissibility of this document, most of which have been recently enacted in response to Melendez-Diaz. An aggressive and informed criminal defense attorney knows that there are ways to fight the admissibility of this document based upon the 6th Amendment and
Melendez-Diaz, depending upon the circumstances. Do not accept the admission of this document as a foregone conclusion. Hire a lawyer who is willing to attack this document to keep it out of the court's consideration.
Contact us right away. We are here to help! |
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