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Faraji A. Rosenthall has been educating the public and clients alike through online articles about common legal topics and through the distribution of free educational downloads.

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Best Juvenile Lawyers in Northern Virginia

Nov 4, 2013

Possession of alcohol. Reckless driving. DWI. Assault and battery. Shoplifting. Drug possession or distribution. Vandalism. Minors in Fairfax are charged with offenses like these all the time. Teenagers make mistakes, of course. But these charges can have serious and lasting consequences if not handled properly. It doesn’t matter if it’s you facing charges or your son or daughter. Even a small infraction can cause fear and anxiety. Having some idea of what to expect can help calm fears. So can working with an experienced attorney. What happens when a child under the age of 18 is arrested or charged? Juvenile Courts vs. Adult Courts Cases against minors originate in the juvenile court system. It is set up to help and rehabilitate children who have made mistakes, not to punish them. The juvenile system doesn’t use incarceration the way the adult court system does. Instead, it relies on a wide variety of specialized programs and services. The goal of these programs is to reduce the likelihood that a child will commit more offenses down the road. In Fairfax, the Fairfax County Juvenile Court handles these cases. Fairfax is Virginia’s largest county. That means its court offers many programs and services that other, smaller jurisdictions don’t. Minors facing charges in Fairfax have more options. They also have more information they need to understand and more decisions they need to make. A minor who commits a particularly serious offense may be tried in an adult court rather than a juvenile one. This situation should be avoided if at all possible. It is far better for a minor to be tried in juvenile... read more

Fairfax Possession of Marijuana Court Procedures

Nov 4, 2013

So you’ve been charged with possession of marijuana in Fairfax. You’ve been issued a citation, and you’re scheduled to appear in court. Now what? It’s vital that you know what your rights and options are. If you don’t, you have no way of knowing whether an offer is the best you can get or what the long-term impact will be. Here are the typical options available to someone charged with marijuana possession in Fairfax county. Do the 251 Program If you’ve never been convicted of a drug crime, you’re eligible for a deferred disposition. That means your case is continued for six to twelve months on average. During that time, you’ll have to take classes, do community service, and keep out of trouble. You’ll also lose your license for six months, though some judges will let you get a restricted license. If you meet the requirements, your case will be dismissed. If you don’t, you’ll be convicted. When you go this route, you’ll meet with a program advisor to find out what you’ll need to do. Often the judge will put you in the program without hearing your case as long as you agree to the terms. You can only do the program once, though. You will not be able to take this route again if you have another felony drug charge. The major pro of the 251 program is that you can avoid a criminal charge on your permanent record. That’s very rare in Virginia. If keeping your record clean is worth the time, money, and hassle of the 251 program, it’s a good option for you. Hire... read more

Options for Defending a Virginia DWI Charge

Oct 8, 2013

You’ve been out with friends for the evening and have had a few drinks. You’re now on your way home when you get stopped by the police who charge you with Driving While Intoxicated (DWI). What happens now and what can you do? Each case is unique so it is very important that you contact an experienced Virginia DWI lawyer as soon as possible. Your lawyer will be able to explain the law and its penalties to you. They’ll also tell you what your options are. They will guide you through the mazes of the legal system so that you can be sure your rights are not violated. It is a very challenging task for the Commonwealth of Virginia to prove that someone was over the legal limit while they were driving. There are several things that you and your lawyer can do to fight the charge. One of the things you can do in your defense is to dispute the stop in the first place. When the police officer stops you, they must have a lawful reason for doing so. If they can’t prove that their reason was valid, the case against you could be dismissed. After the police stop you, they must have enough evidence to justify their claim that you were probably drunk before they placed you under arrest. If they can’t show that they had enough evidence to prove it, then the case might very well be dismissed. Once you’re out of your car, the police officer will normally carry out several field sobriety tests. They do this to see just how much your ability... read more

What to Keep in Mind When Choosing a Defense Attorney

Oct 8, 2013

If the unthinkable happens and you find yourself in need of expert legal help who can you call? Regardless of what one is charged with, you definitely want a Virginia defense attorney who is an expert in the law. You want someone who has a reputation for being one of the best. A name that definitely comes to mind is Faraji A. Rosenthall of Fairfax, Virginia. He’s been trying cases in the Fairfax County Courthouse for nearly 10 years. After graduating from Georgetown University Law School in 2004 he was appointed as an Assistant Commonwealth’s Attorney in Fairfax County. He has handled thousands of cases ranging from DWIs to reckless driving to serious felonies. During that time he gained valuable knowledge about the inner workings of the criminal justice system. After clerking for a Fairfax County Circuit Court judge, Mr. Rosenthall left the Commonwealth’s Attorney’s Office and started his own firm in 2009. Since then he has helped hundreds of people with their legal problems. If you find yourself being charged with a crime the first thing you need to do is hire a good defense attorney. You want to have the best you can afford. You want someone who has the skills needed to get the best results for you. Even if you know you’re guilty for the crime you’re being charged with, you still need to have a lawyer who can help you get the best results for your case. They will explain your rights to you so that you are made aware of all the options you have. The last thing you want to do is... read more

5 Ways To Prepare for your Fairfax Reckless Driving Charge

Sep 18, 2013

The criminal justice system is not a place that you want to go into unprepared. Although the purpose of the courts is to offer a fair and honest hearing of the facts of a case, it is inherently adversarial. That means the prosecutor is going to argue his side as strongly as possible and your defense attorney is going to argue your side as strongly as possible. If you do not have an experienced reckless driving attorney at your side, the balance is inherently tipped against you because the prosecutor will not lighten up on his arguments simply because your defense lacks the same punch. This adversarial system is why it is imperative that when you are charged with any crime, you consult a Virginia defense attorney immediately. At Faraji Rosenthall Law Offices, one of our specialties are Fairfax reckless driving cases. We have many people coming to us for free consultations, and many of them wind up hiring us as their defense attorneys. Here is the advice we give people to prepare for their reckless driving hearing. Know Your Driving Record The court puts a lot of weight on your driving record, because it provides evidence of your driving habits. The person who gave you the reckless driving ticket will almost certainly arrive at court with a copy of your driving record, so it’s important that you obtain a copy as well, as that will assist you and your lawyer in deciding upon a strategy for your case.  Get Your Speedometer Calibrated In reckless driving charges, especially where speed was a factor, an inaccurate speedometer can persuade the... read more

Tips For Hiring A Fairfax Reckless Driving Lawyer

Sep 18, 2013

It’s easy to forget that driving is a dangerous task. Although most everyone jumps into a little plastic/steel box and hurtles around at speeds our great-grandparents could only dream of, we rarely think about how dangerous this habitual activity is. But the fact remains that driving is dangerous, though most people only realize it when they get pulled over. Reckless driving charges in Virginia are common, not only due to the fact that there are so many drivers, but because reckless driving covers so many different offences. Passing a school bus is considered reckless, as is speeding, passing with undue care, or driving erratically. Nevertheless reckless driving is a criminal charge, and must be given serious consideration. How To Find A Good Reckless Driving Attorney The foremost of these considerations is finding an experienced lawyer. And not just any experienced lawyer — you will need a lawyer with substantial experience in criminal law, reckless driving cases in particular, and who practices in Fairfax County. Your cousin Saul the tax attorney in New York won’t cut it. Although it’s embarrassing, the best way to find an attorney is to ask friends and family members for advice. Your network will go a long way towards helping you identify who is a successful lawyer and who buys big ads in the Yellow Pages. There are also several review sites in the style of Yelp, but like any online reviews, you have to take them with a grain of salt. Don’t pick the first lawyer that answers the phone. Arrange consultations. Most any lawyer these days offers free consultations. You should consider these... read more

DWI Charges in Virginia: Most Frequently Asked Questions

Sep 18, 2013

When someone is charged with a DWI in Virginia, they naturally have many questions. Here we have answered some of the common ones so that your consultation at our offices can be more profitably spent determining your options. What’s the legal definition of a DWI? It is important to understand what must be proven in order for someone to be found guilty of DWI. The prosecutor has to prove beyond reasonable doubt that the accused was operating a vehicle while under the influence of alcohol, or any combination of alcohol and other intoxicants. There are two ways to determine whether a person is “under the influence.” Either they have a BAC of .08 or greater, or they display signs of intoxication. The latter can be more difficult to prove, but it is admissible, and you can be convicted even without breathalyzer evidence. Will My Case be Dismissed if I Was Not Mirandized? The case will not be dismissed on that basis alone. The Commonwealth of Virginia has something called the Implied Consent Law. This means that anyone using public roadways in Virginia has implicitly consented to undergoing a breath or blood test if they are arrested for suspicion of drunk driving. This “agreement” means that a driver does not have to be read their Miranda rights, nor are they required to be allowed to consult a lawyer before testing. What is a Refusal Charge, and What Are The Penalties? Since the Implied Consent Law requires you to submit a breath test or blood sample upon request, if you refuse to do so, you can be subject to another charge,... read more

New Law Leads to Upsurge in Use of In-Car Breathalyzers for VA DWI Offenders

Aug 20, 2013

As an experienced criminal defense attorney in Virginia I have represented more than 1,000 clients who have been accused of DUIs. One recent development I have seen recently in the Commonwealth is for drivers who have been convicted of DWI/DUIs to be ordered to install breathalyzers in their cars. In 2012 Gov. Bob McDonnell signed legislation to require first-time DUI/DWI offenders in Virginia to install a breathalyzer in their vehicle to prevent them from driving while intoxicated. A recent study revealed these interlock devices are being widely used by the criminal justice system in the state. AP reported about 8,500 drivers convicted of a DUI were enrolled in Virginia’s ignition interlock program during the first 11-month period after the enactment of the tougher law, according to data supplied by the Virginia Alcohol Safety Action Program released by AAA Mid-Atlantic. Under the new law, first-time DUI offenders have to place the breathalyzer device in every vehicle they own and operate. The court-ordered interlock device measures the offender’s blood alcohol concentration level and stops their vehicle from starting if the level is higher than 0.02 percent. Under the law it’s a misdemeanor to tamper with the devices. Virginia is one of 15 states nationwide to have mandatory or court-ordered ignition interlock provisions or laws for drunken driving offenses, states the National Conference of State Legislatures. If you are charged with a DUI/DWI you may think it’s almost impossible to avoid conviction. However, many common field sobriety tests are considered invalid by the National Highway Transportation Safety Administration and breathalyzers are notoriously unreliable. Blood tests are also routinely mishandled. A criminal defense... read more

Reckless Driving in Virginia: What You Need to Know

Aug 20, 2013

Reckless Driving in Virginia is considered a Class 1 misdemeanor. That term doesn’t mean much to most people, but that puts reckless driving in the same class of offenses as DUI/DWI, shoplifting, and assault. What’s more, many activities fall under the umbrella of reckless driving. We have probably all done something that was considered an act of reckless driving at some point in our lives. Nevertheless, safety on our Virginia roadways is a matter of public concern, which is why the penalties can be so severe. Much is at the discretion of the court, the prosecuting attorney, and the circumstances that led to the arrest. Your attorney will carefully weigh the options and decide how to proceed. The penalties for reckless driving can include jail time, a fine of up to $2,500, up to six demerits lost on your license, and/or the loss of your license entirely. The court can sentence you to any or all of these penalties. The effects will carry over into your daily life, as well. Even if you do not do jail time, the loss of license or the demerits will likely require that you undergo remedial education (depending on the exact nature of your crime). Some states also have reciprocity agreements with Virginia, which means that the reckless driving conviction in Virginia will show up in your record in other states, and vice versa. A reckless driving conviction, like any criminal conviction, will come up every time someone runs a criminal background check on you, which can result in some awkward explanations when you apply to rent an apartment or to get security... read more

Virginia Petty Theft And Larceny Laws: What You Need to Keep in Mind

Aug 20, 2013

Police procedural television programs and heist movies have made most people conversational with the terms petty theft, larceny, grand larceny and more. But since those shows are never based in Fairfax, VA, the average person is unclear on the actual laws surrounding these offenses. All theft crimes in Virginia (and those related) are all subsumed under the general term “larceny.” While there are a few specific statutes relating to larceny, generally larceny offenses are divided into two categories: Petit Larceny Grand Larceny Petit Larceny Petit larceny is the lowest level of theft. Petit larceny is classified as a Class I misdemeanor, and the attached sentence is possible confinement in jail for a period not longer than 12 months, and/or a fine of not more than $2,500. What qualifies as a petit larceny? Theft of property or services valued at less than $200, orl Theft of property valued at less than $5 when taken directly from the person of another. Grand Larceny Grand larceny is usually punishable as a felony, and if it is charged as a felony, the court can can punish the offender with imprisonment for a period of at least one years but not more than twenty years. However, at its discretion, the court can choose to view the grand larceny charge as a misdemeanor instead of a felony. This is sometimes done in cases where the defendant has no previous offenses, or if the amount stolen was only slightly over $200. If that is the case, the possible penalties are the same as for petit larceny, which is also a misdemeanor. What qualifies as a grand... read more

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Email faraji@fairfaxcriminallawyer.com

10560 Main Street • Suite 310 • Fairfax, Virginia 22030

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