Monthly Archives: August 2025
Criminal Record Sentence Enhancement in DUI Cases
Because of the ongoing War on Crime, which has already lasted more than a generation, about a third of Americans have a criminal record. That’s roughly the same proportion of Americans who have a college diploma. In either a trial or a plea bargain case, a prior criminal record could significantly affect a DUI… Read More »
How Do I Get Out of Reckless Driving in Virginia?
To get out of reckless driving in Virginia, three basic options are available. All these options are based on the presumption of innocence that applies in all criminal cases. Basically, the law presumes that every arrest is illegal, every defendant is wrongfully accused, and the state’s version of events is always wrong. If prosecutors… Read More »
Delay Plagues Record Sealing Law
In May 2025, state officials blamed IT issues for delayed implementation of a record sealing provision which lawmakers approved in 2021. Senate Majority Leader Scott Surovell (D-Fairfax) said a $20 million rebuild of Virginia’s criminal record-keeping computer infrastructure is preventing the law from taking effect immediately. Nevertheless, Surovell wholeheartedly endorsed the law. “By allowing… Read More »
What to Expect in a Virginia Weapons Case
Eventually, most defendants in illegal possession, discharge, and other weapons cases can expect an out-of-court settlement. Voluntary guilty or no contest pleas resolve about 95 percent of all state criminal matters. Most pleas are built on the aphorism that a bird in the hand is worth two in the bush. A favorable plea bargain… Read More »
Johnson Amendment Enforcement Relaxed for Church Political Speech
By Robert Showers, Esq and Micah Schachtner, Esq. For the first time in the Johnson Amendment’s history, the Internal Revenue Service officially agreed in July 2025 that churches may advocate for political candidates without losing their tax-exempt status, under limited circumstances. This development affects thousands of religious organizations and raises important legal compliance issues… Read More »
What are the Three Types of Possession?
The three types of possession are close proximity, exclusive possession, and actual knowledge. In court, the state must prove all three types of possession beyond any reasonable doubt in matters like illegal weapons, drug, and pornography possession. When they make illegal possession arrests, many officers only focus on the first type of possession. As… Read More »
What are Non-Standardized Tests?
Three DUI field sobriety tests, the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests, have the NHTSA stamp of approval as reliable indicators of alcohol and/or drug intoxication, at least for probable cause purposes (sufficient evidence to arrest the suspect). These tests, while theoretically reliable, aren’t always reliable for practical purposes. But that’s the… Read More »
