Category Archives: Criminal Defense
Endgame: Resolving Drug Crime Charges in Virginia
In the early days of the Republic, criminal trials resolved almost all drug crime and other crime charges in Virginia. The landscape began changing in the 1880s. As the nation grew, taxpayers were unwilling to pay for more courts and prosecutors. To speed cases through the system, the plea bargaining system began. As late… Read More »
Kinds of Reckless Driving Charges in Virginia
During the pandemic, empty roads encouraged reckless driving. Two-thirds of professed speeders said that, since traffic volume was so low, they didn’t think they put anyone else in danger. That logic might have worked during coronavirus lockdowns, but it doesn’t work today. Police officers and criminal judges, who are determined to break this bad… Read More »
Virginia Crime Rate Increased in 2022
The overall crime rate in Virginia went up 5 percent in 2022, according to the Virginia State Police. Homicides were up 10.5 percent with 621 people killed in 2022. The data also showed both victims and offenders were on the younger side, with 42 percent of murder victims being between the ages of 18… Read More »
The ALR Process in Virginia
The Old Dominion State, like all other states, has an implied consent law. When motorists sign their drivers’ licenses, they agree to provide chemical BAC samples, if a peace officer makes a lawful demand. More on that below. Interestingly, the implied consent law applies if the defendant is in “actual physical control of a… Read More »
Civil Forfeiture in Criminal Cases
Most people have strong feelings for and against controversial law enforcement practices, like civil forfeiture. Civil liberties advocates believe this practice is policing for profit and point to federal court decisions questioning it. Law enforcement officers justify the practice and point out that forfeiture funds the criminal justice system and keeps taxes lower. Whatever… Read More »
VA Man Sentenced for Sex Crimes in WI
Authorities in Michigan arrested a man who was originally from Virgina for alleged sex crimes after he fled from his new residence in Wisconsin. Investigators say the 44-year-old man lived in Virginia when he met a then-15-year-old girl online. He then groomed the girl for months, a process which included sexually explicit chats and… Read More »
Authorities Break Up Alleged Hanover County Sex Trafficking Ring
A husband and wife, allegedly the ringleaders of an intricate sex trafficking network based in a quiet suburban neighborhood, now face multiple criminal charges. According to the Hanover County Sheriff’s Office, investigators received a tip from an informant about a suspected sex trafficking and prostitution operation happening at a home on Tall Oakes Lane…. Read More »
Top Five DUI Checkpoint Requirements
For many years, courts went back and forth on whether DUI roadblocks were legal. The suspension of individual rights guaranteed by the Fourth Amendment troubled many judges. In contrast, others were willing to bend the rules to help reduce the number of drunk driving crashes. Finally, public safety won out over individual rights, at… Read More »
Pretrial Proceedings in Domestic Violence Cases
Most of our DV posts focus on the trial aspects of these cases, such as the burden of proof in these matters. But in the immediate wake of a domestic violence assault arrest, the trial date is very far away. Some other concerns are much more pressing. In many cases, these preliminary matters may… Read More »
Breaking Down a DUI-Drug Case in Loudoun County
Many jurisdictions have more “stoned” drivers than “drunk” drivers. Almost half of the drivers who cause fatal accidents test positive for drugs. Marijuana is, by far, the leading culprit. Blood tests accurately detect drug levels, but officers generally need search warrants to extract blood samples. Since they often don’t bother with warrants, prosecutors only… Read More »
