Category Archives: Criminal Defense
Do Weapons Possession Cases Hold Up in Court?
No, unless the state proves the three Ps of possession beyond any reasonable doubt. Only this large amount of evidence overcomes the presumption of innocence in criminal cases. If weapons possession was a civil matter, two out of three Ps may suffice, because the burden of proof is much lower in civil court. But… Read More »
Why Would a DUI Bond Be So High?
Bond is usually high in subsequent DUIs, because of the Eighth Amendment. This provision requires reasonable bail in criminal cases. If the defendant has a criminal record and is charged with subsequent DUI, which is usually a felony, the “reasonable” amount is higher, due to the defendant’s criminal record and the severity of the… Read More »
Major Drug Bust in Culpeper County
A July 2025 arrest netted a large stash of suspected fentanyl, cocaine and drug paraphernalia, according to police investigators. According to police, detectives with the Blue Ridge Narcotic and Gang Task Force had been investigating a possible drug trafficking operation for several weeks. On July 4, they received a tip that a car suspected… Read More »
What You Need to Know About Protective Orders in Virginia
The first thing you need to know about a protective order in Virginia is that this document is not just a meaningless formality which defendants are free to ignore. Protective orders give schools, churches, daycare centers, and other third parties official notice of a situation. Furthermore, protective orders are usually easier to enforce than… Read More »
Authorities Investigate Possible Hate Crime in Fredericksburg
Authorities say they may add hate crime enhancements to misdemeanor charges stemming from a July 20, 2025 incident. Spotsylvania Sheriff’s Office Maj. Delbert Myrick said more charges could be filed against a 59-year-old man and a 32-year-old woman, who were recorded taunting the Black couple from Richmond. A third person recorded during the incident… Read More »
What to Look For in a DUI Lawyer
At first blush, finding the right DUI lawyer seems about as easy as finding a red M&M in a bowlful of red M&Ms. Northern Virginia has one of the highest number of lawyers per capita in the country. Almost all these lawyers could handle a simple criminal case. But there’s nothing “simple” about DUI…. Read More »
Attempted Kidnapping Goes Sideways in Spotsylvania County
Sheriff’s deputies arrested a would-be kidnapper who, according to investigators, hid in a convenience store restroom and threatened a woman. The incident occurred on August 17, 2025. Spotsylvania County Sheriff’s Office officials said deputies were called to the 4500 block of Plank Road around 6:30 a.m. after reports of a stabbing. When they arrived… Read More »
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 »
