Recent Blog Posts in May 2011 |
| May 27, 2011 |
| Assault on a family member? Can't we just work this out? |
| Posted By Shawn Cline |
 |
One of the most common offenses I see is assault on a family member in violation of Virginia Code Section 18.2-57.2. This is a Class 1 misdemeanor punishable by up to 12 months in jail an d a fine of $2,500, so it is a very serious offense. A third offense is a Class 6 felony, punishable by up to 5 years in the penitentiary.
The reality is that in 90% of the cases I see, the parties have long since made up and are back together by the time the case goes to trial. Often times, the "victim" in the case wants nothing to do with it and simply wants the matter to be dropped. Unfortunately, the charges are not taken out by the victim, but rather by the Commonwealth, and so the victim has very little say about what happens with the case. This is a ridiculous condition, but it is a consistent reality in this field of criminal law.
That being said, there are a few good reasons that Commonwealth's Attorneys do not drop these kinds of charges at the victims request. Most obviously, they are concerned that the victim is requesting that the case be dropped because they are intimidated by the defendant. This sounds good in theory, but in my experience this is almost never the case. Far more common is the scenario where a couple argued and tempers escalated, one thing lead to another and one party (usually the female) called the police hoping that they would mediate the argument and then go about their business.
This is fine in theory, but in practice the officers have very little discretion when responding to a domestic call. With exceedingly rare exceptions (usually involving a senior police officer), when officers respond to a domestic call, someone is leaving in handcuffs. The idea is that the matter will be sorted out in court.
That is where an aggressive criminal lawyer comes in. Don't assume that because you are charged you need to take some kind of plea agreement. These cases can be fought, and can be won! You need an attorney who regularly practices in this unique field of law and knows what it takes to effectively attack the Commonwealth's case. A good lawyer will use the Commonwealth's own witnesses against them in a way that often means that the defendant never has to present a case at all, because the judge will throw out the charges after hearing the Commonwealth's case.
Give us a call if you are facing a charge of assault on a family member. We will sit down with you, and the family member at issue (if they are willing), to develop an effective strategy for beating your charge! |
|
| Continue reading "Assault on a family member? Can't we just work this out?" » |
|
Permalink  |
| |
| May 06, 2011 |
| Driving on suspended license |
| Posted By Shawn Cline |
|
Driving on a suspended license is one of the most common misdemeanor traffic violations in Virginia. It is significant to note that driving on a suspended license is a Class 1 misdemeanor, which is the same as a DUI, so it's a serious offense! Many people don't take this charge seriously until after they are convicted, when they find themselves paying hefty fines, or perhaps even sitting in a jail cell. The time to address a driving on suspended charge is before trial, not after.
Driving on suspended license in Virginia is government by Code Section 46.2-301. It establishes that the maximum punishment for a first offense is 12 months in jail, a fine of $2,500, along with a drivers license suspension of an additional 90 days. A third or subsequent offense results in a mandatory minimum of 10 days in jail.
Many people do not hire a lawyer for a driving on suspended charge because they think to themselves that (a) I was driving, and (b) my license was suspended, so there's nothing a lawyer can do for me. That is not true, because there is a third thing that the Commonwealth's Attorney must prove for you to be convicted of this offense, and that is that you knew that your license was suspended! Since nobody can look into your mind, this is where good defense lawyers beat these charges.
There are many ways to prove that you knew your license was suspended. The most obvious way is if you told the officer at the time of driving that you knew your license was suspended. Sometimes an aggressive lawyer can get this statement thrown out, but that is a tall order. Other ways to prove knowledge are a signed DC Form 210 from the court wherein the suspension originated. If you signed the form (and the officer bothered to bring a copy of it to court), then it is tough to beat. Often times, however, the Commonwealth will try to prove its case using nothing more than your DMV transcript. If you hire an aggressive lawyer, this simply will not work. The fact that your DMV transcript shows that your license was suspended doesn't mean that you knew it was suspended. How many of us look at our DMV transcripts? I haven't seen mine, and you likely haven't seen yours.
The bottom line is that driving on suspended cases are winnable. But you must hire a lawyer who knows how to handle this charge. Too many people plead guilty to this serious traffic misdemeanor simply because they do not know any better. Don't let that happen to you... Call us today! |
|
| Continue reading "Driving on suspended license" » |
|
| Permalink |
| | |