Recent Posts in jail Category
| August 22, 2011 |
| Assault on a family member in Virginia |
| Posted By Shawn Cline |
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| Assault and battery on a family member in violation of Virginia Code §18.2-57.2 is one of the most common offenses that I see in my office. Very often, the parties have resolved their differences, and neither wants to go forward on the matter. The problem is that almost every local jurisdiction has a "no drop" policy for assault on a family member. What this means is that regardless of the parties' wishes, the case is going forward, and one side will be testifying against the other. For this reason, it is wise to hire an experienced criminal defense attorney if you or someone you love has been charged with assault on a family member. The repercussions of a conviction for this offense are drastic and far reaching. For one thing, the charge is a class 1 misdemeanor, carrying with it the possibility of up to one year in jail, along with a $2,500 fine. Unlike many other class 1 misdemeanors which rarely result in jail time, judges routinely lock defendants up for assault on a family member. In addition, by virtue of a federal law known as the Lautenberg Amendment, anyone convicted of a crime of domestic violence is forever prohibited from carrying a firearm. Obviously this affects sportsmen and gun enthusiasts, but more importantly in the Hampton Roads area, it has a terrible impact upon military members. As a former member of the military, I remember qualifying annually (and even making expert once!) on an M-9. Almost every servicemember, regardless of rate or MOS, has a similar requirement. If you are convicted of assault on a family member, it is a federal offense to handle that weapon, even though qualifying on the weapon is a requirement of your military duties. Worse yet, there is no military exception to this law! The bottom line is that if you are convicted of assault on a military member, and you are on active duty or in the reserves, you will more than likely be discharged. The takeaway from all of this is that these charges must be fought, regardless of whether you have worked out your issues with your spouse or significant other. And to do so, you need to hire an aggressive and experienced attorney.
Call us today, we are ready to fight for you! |
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| January 26, 2011 |
| Possession of marijuana charges? What is the first offender program? |
| Posted By Shawn Cline |
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One of the most common charges people face in Hampton Roads is simple possession of marijuana, in other words, possession of marijuana for personal use and not for distribution. Possession of marijuana for personal use in Virginia is a misdemeanor, punishable by up to 30 days in jail, and a fine of $500. In addition, and perhaps even more damaging, any individual convicted of possession of marijuana will by operation of law have their drivers license suspended for 6 months. These penalties do not even factor in the lifelong affect of having a drug conviction on your permanent record when you apply for jobs, school, the military, etc.
The Virginia Code allows for what is called the "first offender program" for first time marijuana possession charges. To be entered into this program, you must enter a plea of guilty or no contest to the charge, complete a substance abuse assessment, and complete a drug education and/or treatment program based upon the recommendation of the substance abuse assessment. You bear the costs of these programs (which are substantial), as well as all court costs. Anyone enrolled in the program will be required to complete at least 24 hours of community service (but the judge may order more), and will be subject to random drug testing while enrolled in the program. The charge is then dismissed at the end of a year if the individual successfully completes these requirements. However, even though the charge is ultimately dismissed (if you do everything right), the 6 month drivers license suspension still applies the same as if you had been found guilty.
I provide this information because the prosecutor will offer the first offender program in the vast majority of cases where individuals are eligible. But just because it is offered does not mean it is a good deal. Depending upon the facts and circumstances of your case, there may be ways to beat this charge outright; so that you protect your clean record, your drivers license, and your future.
Prosecutors are eager to offer first offender status to those who are eligible because proving a marijuana charge is a lot of work for them! Be wary of a defense lawyer who pushes the first offender program on you without thoroughly examining the possible avenues for acquittal in your case.
Was the marijuana seized lawfully? If it was found in your home, why was the officer there in the first place? If it was in your car, why were the officers searching your car? Was it found on you, or just near you? If you made any statements, are they admissible against you in court? Did the officer complete the chain of custody forms? Were these forms maintained to the evidence locker? Was the marijuana field tested? Was it sent to the laboratory in Richmond? And on and on and on...
There are so many ways for an aggressive attorney to attack a possession of marijuana charge. If all you are doing is shopping around to find the cheapest lawyer in town for your marijuana charge, then you are simply accepting the first offender program as a foregone conclusion. Hire a lawyer who will fight for you, not one who will take the first deal the Commonwealth offers.
Whatever you think about marijuana laws in this country (here is information on an organization seeking to change them), if you are facing a marijuana charge in Virginia, the stakes are high. If you are going to hire a lawyer, hire one willing and ready to fight for your rights!
We are waiting for your call...
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| November 18, 2010 |
| Is there a difference between DUI and DWI? |
| Posted By Shawn Cline |
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I get this question fairly regularly from DUI clients. The short answer is that there is no difference, and that the state of Virginia does not have an offense of "DWI". In some states DWI is a less serious version of DUI, but that is not the case in Virginia.
That being said, there are many levels of severity of DUI in Virginia. For purposes of this post, I will focus only on those which do not involve death or bodily injury to another party. Obviously these are the most serious types of DUI, but thankfully they are the most rare. That being said, if you are facing such a serious charge, contact us right away. We can help.
Virginia Code 18.2-270 outlines the penalties for DUI. There are two ways that DUI penalties can be elevated. One is based upon the driver's blood alcohol content, or BAC. The other is based upon recidivism, or the number of times that the individual has been convicted previously of DUI.
The least severe form of DUI involves a BAC between .08 and .14 for an individual who has not been convicted previously of DUI. There's nothing light about these penalties though; even this offense carries the possibility of up to a year in jail, a fine of up to $2,500, installation of an ignition interlock on your vehicle, enrollment in alcohol counseling, a one year drivers license revocation, plus court costs!
Things just get worse from there. A violation with a BAC between .15 and .19 means a mandatory minimum of 5 days in jail, which the judge cannot suspend. A violation with a BAC over .20 means a 10 day mandatory minimum jail term. Keep in mind, these are the minimums, and judges frequently go well over these amounts.
Where things really get ugly is for repeat offenders. A second DUI within 5 to 10 years carries a mandatory minimum of 10 days in jail, while a second DUI within 5 years carries a mandatory minimum of 20 days in jail. These are in addition to any mandatory minimums based upon an elevated BAC.
A third offense DUI is a felony, and carries a 90 day mandatory minimum. The stakes continue to escalate after that, with a fourth or subsequent offense carrying a mandatory one year prison term. Felony DUI will result in at a minimum a three year drivers license suspension with no restricted license, and a minimum of five years before such a driver could apply for an unrestricted license.
The bottom line is that the term "DWI" has no meaning in Virginia, but there is a wide range of severity in terms of the types of DUI charges that appear in Virginia courts. If you are charged with a DUI in Virginia, contact our office. We give every case our greatest care and attention. Do not assume that because you were stopped and arrested that the punishments I have talked about are unavoidable. There is much to be done in defending a DUI... let us get started on defending yours! |
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