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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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West Virginia’s Medical Community Joins the Fight Against Drug Abuse

Aug 5, 2013

While experienced criminal defense lawyers nationwide see drug cases on a regular basis, West Virginia has the highest number of overdose incidents arising from the misuse of prescription drugs in the entire country. Time and again, several initiatives have been spearheaded, trying to spread awareness about the issue and mobilize the community into accepting responsibility for their actions. While most of these endeavors are positive strides in the right direction, they focus their attention on people who abuse these drugs. However, not much is being done to draw attention to the supply of prescription drugs, which happens to be a key piece in this nationwide problem. In most cases, unethical doctors are the culprits. They are more interested in making big bucks by selling these drugs rather than being true to their profession and helping their patients feel better. There are also medical practitioners who prescribe more pills to a patient than necessary or fall prey to ‘doctor shoppers’ – people who get several physicians to prescribe them controlled substances in a short period of time. Given the situation, it is heartening to see the medical community step up and do what is necessary to curb the problem. More and more doctors are joining the fight against drug abuse and taking steps to ensure they do not, inadvertently or intentionally, contribute to it. Take for instance the pain management policy launched a year ago at St. Mary’s Medical Center. According to their policy, emergency room physicians are only allowed to prescribe enough pills that will help patients in severe pain tide over until they are able to get in... read more

Combining Charges of Drug and Child Abuse in VA

Aug 5, 2013

In a recent event of arrest of three Newport News residents, the trio is looking at a trial for combined charges of drug abuse and child abuse. They were allegedly found in possession of heroin while traveling in a car with two young children. This was discovered after a traffic stop on July 5 in the 6600 block of Route 17. Reportedly, after halting the vehicle a deputy approached and he saw alleged drug paraphernalia and a substance suspected to be heroin. The three adults inside the vehicle, Melissa I. Elliott and Murriel I. Holt and James E. Viens, are each charged with two counts of abuse and neglect of children, one count of possessing and distributing controlled paraphernalia and one count of possession of a controlled substance. Elliott was also charged with receiving stolen goods. Holt is facing an addition count of misdemeanor possession of a controlled substance. It was also said that the two young children, aged 7 and 3, were also found sitting in the car. A child is considered to have been abused if the parent or custodian manufactures a controlled substance in the presence of a child or on premises occupied by a child; exposes a child to, or allows a child to be present where, chemicals or equipment for the manufacture of controlled substances are used or stored; sells, distributes, or gives drugs or alcohol to a child; uses a controlled substance that impairs the caregiver’s ability to adequately care for the child; or exposing a child to the criminal sale or distribution of drug. In the above case, it is not clear... read more

Springville Resident Investigated for ATV Crash Involving Children

Aug 5, 2013

Last week, a Springville resident was involved in a crash. 28-year old Nathan A Devenish was driving a Banshee ATV and was accompanied by two children – his 10-year old daughter sitting behind him and a 4-year old boy who was sitting in front. The incident occurred on Sunday, July 21, near the Sandy Beach area of Utah Lake at around 5 o’clock in the evening. Devenish was driving erratically and was at high speed when a bump caused the back of the ATV to lift up and fishtail. As a result, he lost control of the quad bike, crashing into a vehicle parked on the southeast end of Utah Lake. Considering the severity of the crash and the fact that neither of the kids was wearing a helmet, it is really lucky that the accident did not end as tragically as it could have. The boy escaped with no more than minor abrasions on his body while Devenish’s daughter suffered injuries on her back and head. Both children were rushed to Utah Valley Regional Medical Center in Provo, from where the Devenish’s daughter was transported to Primary Children’s Medical Center by helicopter since she required treatment for a fracture she had sustained. Deputies from the Utah County Sheriff’s Office, who responded to the crash, have reason to believe that Devenish may have been driving under the influence of alcohol. A blood sample was taken from him, but the result won’t be in for several weeks. While Devenish did own up to drinking, he says the accident happened because the ATV’s throttle got stuck. For the time being, the... read more

How a Drunk Driving Conviction Affects Car Insurance

Jul 26, 2013

Of all the possible penalties for a DWI conviction in Virginia, perhaps the least considered is how it affects your insurance rates. This is understandable, because between the fines, the possible jail time, and the loss of driving privileges from anywhere from 30 days to a year, it’s usually a substantial amount of time before a person considers their car insurance needs. What You Need To Know After a drunk driving conviction (or any offense that includes the loss of license to operate motor vehicles), an individual has to submit a form called SR22 to the DMV in order to reapply for their license (in addition to any other state-required treatment or education.) The SR22 is a form that you get from your insurance company to prove that you have reinsured after your conviction. Specifically, it proves that you have motor vehicle liability insurance, and additionally that your insurer will notify the DMV if at any point your insurance lapses. Such a lapse will result in the immediate revocation of your license. How Much Will My Insurance Increase? In most cases, you can expect your insurance to roughly double, as you will be placed in the highest risk category. If you previously had preferred rates due to safe driving, your rates may even triple. Additionally, not all insurers will insure SR22 applicants, in which case you will need to seek insurance elsewhere. Shop around, as some companies specialize in SR22. Even if you do not own a car, if you want your driver’s license back, you will still need to seek insurance in order to get a non-owner’s SR22.... read more

Virginia Man Arrested for DWI After Auto Accident

Jul 17, 2013

June 29, 2013 was not a good day for Jovan Chesmon Smith. Whatever intent he may have had when he left home, it surely did not include ruining a pleasant weekend by having a run in with the authorities and getting arrested for driving under the influence. According to Grazia Moyers, Virginia Beach Police Department, the incident took place at 7.15 pm when Smith was driving north on Independence Boulevard. As he turned left on Euclid Road, he accelerated and rammed into a vehicle in the next lane. In an effort to take control, Smith overcorrected his vehicle, causing him to cross over the median. Before he knew it, he had crashed into a police car. To make matters worse, the police car was not unoccupied. It was carrying, at that time, a police officer and his chaplain. Finally, Smith’s out of control car flipped on its side and came to rest in front of Best Buy, on the sidewalk. On the brighter side, nobody involved in the crash were injured in any way. 32-year old Smith was arrested on the spot and faces several charges, the first of which is driving under the influence. At the time of the incident, his blood alcohol concentration was higher than 0.20. This is significantly above the legal limit to drive in Virginia, which is 0.08.  In fact, according to the police department, this is Smith’s second DUI charge within 5-10 years. This makes him a repeat offender, automatically inviting a higher penalty. The other charges that have been brought against Smith include following too close, unauthorized use of inspection sticker, no... read more

Virginia Campaign Aims to Crack Down on Teenage Dug Abuse

Jul 17, 2013

The Executive Office of the President of the United States has declared that “Prescription drug abuse is the Nation’s fastest fastest‐growing drug problem.” Echoing similar sentiment is the 2010 National Survey on Drug Use and Health – “Prescription drugs are now the second most abused category of drugs in the United States following marijuana.” Disturbing as these statistics might be, there is a darker side to this trend that threatens to hit the society where it’s most vulnerable. The 2011 National Survey on Drug Use and Health reported that more than 6.1 million people in the age group of 12 years and above were addicted to prescription drugs. Of this 54% claimed to obtain these drugs from their medicine cabinet at home or from relatives, usually without their knowledge. The prescription medicines most commonly abused included painkillers, depressants (like anti-anxiety drugs or sleeping pills) and stimulants. Mindful of the consequences of this trend, the Virginia Attorney General’s Office and Law enforcement officials have launched a sate wide campaign to nip teen prescription abuse in the bud. The main aim of this campaign is to urge residents of Virginia to lock up their prescription drugs before they fall into young hands. It is common knowledge that teenagers lack reasoning and logic, often falling prey to mindless fads under the pressure of their peer group. They are known to make irrational decisions that can jeopardise their safety. As a result, it’s extremely important for adults to take steps to keep temptation out of reach. A simple precaution such as storing medicines in a lock box and keeping them where they cannot... read more

Beckley Native Arrested for Third Time on Drug Charges

Jul 17, 2013

Earlier this month, 39-year old David Hudson was arrested for Virginia drug crimes charges of delivering controlled substances. A native of Beckley, Hudson is no stranger to the drug world, having been convicted for selling cocaine in the early 90’s. Only recently had he served a decade long sentence in a federal prison and completed three years of supervised probation in April this year. On Monday, July 8, he was pulled over on Harper Road at around 5 o’clock in the evening. 60 Oxymorphone pills, estimated to have a street value of over $4,000, were found on him. He was arrested and charged with delivering Oxymorphone and Oxycodone – narcotic painkillers that are prescribed for moderate to severe pain. According to Detective Cpl. B.M. Atterson, Hudson’s arrest was the result of an intensive investigation launched by the Beckley Police Department that spanned a period of two months. However, there is no evidence to prove that Hudson was receiving these drugs from other dealers and bringing them into Beckley from Pennsylvania (PA). In fact, he has his own prescription for oxymorphone, procured from a Pennsylvanian doctor. Atterson mentioned that it was not uncommon for offenders to get legally prescribed narcotic drugs from other states (like PA) and peddle it in West Virginia. Also, since PA did not keep a roster of patients prescribed painkillers (unlike West Virginia that has the Board of Pharmacy), it was extremely difficult to keep track of where offenders are receiving medication. Atterson also points out that it is relatively easy to sell prescription drugs as compared to dealing in cocaine. The former can be obtained... read more

What Are Virginia’s Indecent Exposure Laws?

Jul 16, 2013

Indecent exposure is one of the rarer sexual offenses but when alleged offenses occur they often make news headlines. In Fairfax County police say they have received “multiple reports” over the last few weeks of a man who has been exposing himself in the Landmark Plaza area, reported WTOP. The latest incident is said to have taken place at a bus stop near Little River Turnpike and Oasis Drive around 7 a.m. on July 9, 2013. The report said Mason Police District officers arrived on the scene following a report of a man groping himself as he stared at women waiting at the bus stop. “The same man was reportedly seen doing the same thing in the area on July 5 and, police believe, on several other occasions in recent weeks,” reported WTOP. On each alleged occasion the man was reported to be wearing pajama pants and a dark shirt. WHAT IS INDECENT EXPOSURE IN VIRGINIA? Exposing private parts in a public space or place where other people are present is considered to be indecent exposure in Virginia. While breastfeeding is excluded from the offense, sexual acts between two consenting adults and masturbation can be classified as indecent exposure. WHAT ARE THE PENALTIES FOR INDECENT EXPOSURE? Intentionally exposing your private parts can count as a misdemeanor offense carrying up to 12 months in jail and a $2,500 fine. Intentional exposure of private parts to a child under 15 carries more serious consequences. It’s considered a felony and can lead to up to 10 years in jail as well as a heavy fine. The severity of the sentence will depend... read more

Levels of Violent Crime Fall in Virginia’s Biggest Cities

Jul 9, 2013

Typically violent crime concerns citizens more than other types of offenses. There was good news for Virginia in the recently published Uniform Crime Report from the U.S. Department of Justice, that found violent crime was falling in Virginia’s major cities at a time when it increased by 1.2% nationally in 2012 over the previous year. Decreases in violent crime were reported in Alexandria, Chesapeake, Hampton, Newport News, Norfolk, Richmond and Virginia Beach. Nevertheless, questions have been arising over the validity of the national numbers, amid claims some police departments are under reporting their figures. According to the Commonwealth of Virginia, violent crime in Virginia has fallen steadily over the last decade. Virginia’s violent crime rate was 197 per 100,000 people in 2011. The rate has generally fallen since 2002, when the violent crime rate was 291. Virginia’s 2011 rate was the 5th lowest in the nation for violent crime Virginia Has Low Levels Of Violent Crime Compared to neighboring states, Virginia has low levels of violent crime. In 2011, North Carolina saw a rate of 350, Tennessee was at 608, and Maryland posted a rate of 494. Notwithstanding the falls, violent crime should not be taken lightly. It often has serious consequences for the victim and the accused alike. Some of the most significant violent crimes I deal with as a criminal defense attorney are: -Assault and Battery -Murder -Unlawful Wounding -Malicious Wounding -Involuntary Manslaughter & Voluntary Manslaughter -Rape and Sexual Assault Long Jail Sentences Violent crimes carry the longest jail sentences and require the lengthiest investigations. Not only are the consequences of these crimes more serious than many... read more

Two Convicted For Import of Drugs to Virginia

Jul 9, 2013

In two separate incidents, two residents have been convicted drug crimes in Virginia, specifically the importation of narcotics.  They have allegedly imported large quantities of an Ecstasy-like stimulant called methylone. Keith Allen Taylor, 28, received more than 11 years in federal prison for importing more than 74 pounds. Caroline Elizabeth Taylor received eight years for importing more than 13 pounds. They were both referred to as “armchair drug dealers” by Special Assistant U.S. Attorney Amy Cross said in U.S. District Court. The convicts accepted ordering drugs from a laboratory in China which is why they are labeled as “armchair drug dealers” but they were held to be “drug dealers nonetheless.” Import of methylone is relatively new to the American drug history. It is a white crystalline powder which was initially patented for being an anti-depressant. Its abuse has been seen by snorting, swallowing or mixing into drinks. The drug gained popularity in the United States in 2011 as a club drug popular at raves and electronic-music shows. According to court documents, Keith Taylor and Caroline Taylor were involved in similar but separate conspiracies. In separate hearings, the attorneys of the two drug dealers asked the court for leniency. The leniency was sought on otherwise good records of their clients and that they were good people with only minor criminal records. They also felt that their clients’ co- operation with law enforcement agencies and the streak to take the responsibility for their actions were noteworthy and hence deserved leniency. District Judge Mark S. Davis vehemently responded against this plea for leniency and said that drugs are a poison to the... read more

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