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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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Shoplifting in Fairfax

May 28, 2013

Approximately one in 11 Americans have shoplifted and per year, companies lose more than 11 billion dollars in merchandise. While the majority of the time, shoplifters view shoplifting an addiction or disease, it ultimately is a crime, and in Virginia, you can face charges anywhere from petit larceny if the item(s) stolen is worth less than $200 and is punished with a Class 1 misdemeanor to grand larceny if the item(s) stolen are worth more than $200 and is classified as a felony.   Larceny is defined as the wrongful acquisition of the personal property of another person. Possession of the item(s) can be actual or constructive. If it’s actual, the person is in physical control of the property and it’s constructive if the person is not in physical control but there is sufficient evidence to believe that the person is in control of the property.  For example, actual possession would be locating stolen property in a person’s purse.  Constructive possession would be locating stolen property in the trunk of a car the person is driving.   A person is not considered guilty of larceny unless they carry away the personal property however, the individual(s) involved can be charged with concealment, which is another type of larceny in Virginia. Concealment occurs when someone willingly hides merchandise or takes merchandise from a store; alters the price tag(s) on merchandise, moves merchandise from one container to a separate container; when someone helps another person hide or take merchandise from a store; when someone assists or helps another person alter price tags on merchandise or moves it from one container to another.... read more

Reckless Driving Day In Court

Apr 9, 2013

Court starts promptly at 9:30am. It is important to allow plenty of time because security checks can sometimes delay entry to the courthouse. My secretary will call you the day before as a reminder and also to tell you which courtroom your case is in. Between 9am and 9:30am I will meet with the Prosecutor to remind them that I will be representing you. This serves two purposes. It tells the Prosecutor to take your case out of the judge’s stack of files. Additionally, it tells the Prosecutor to talk to your police officer about your case. Prosecutors in Fairfax do not talk to the police on traffic cases prior to the court date. They also do not get involved in cases where a person represents themselves. (Known as going pro-se). When the judge starts calling cases at 9:30 your case will be with the Prosecutor and won’t be one of the cases the judge calls. Depending on how crowded the courtroom is that day, the Prosecutor may take up to an hour to talk to the officers and get information about your case. During that time you can get breakfast, read, or otherwise simply watch the other cases. About 10:30, the Prosecutor will start talking to the lawyers. During these brief meetings the Prosecutor will share the officer’s version of events. They will also allow me to view the officer’s calibrations. Calibrations are records that prove the officer’s equipment has been tested and confirmed to be reliable. The vast majority of Fairfax Reckless Driving cases are won or lost based on whether the calibrations comply with a complex... read more

Fairfax Restricted License

Apr 9, 2013

If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for any reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1)    Work 2)    School 3)    ASAP and ASAP required activities 4)    School 5)    Medical appointments (for yourself, elderly parent, household members, and children) 6)    Your children’s school 7)    Your children’s daycare 8)    Probation 9)    Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one when you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important. Judges are... read more

Fairfax DWI Focus

Apr 9, 2013

For his entire legal career, Faraji has focused on criminal law and specifically Fairfax criminal cases. As a Prosecutor in Fairfax he handled criminal cases in the County exclusively. This experience is unparalleled in developing an understanding of how DWI cases are handled in Fairfax. The experience of spending years working only with Fairfax judges, prosecutors and police officers provides a deep insight into what legal strategies work and which don’t. It allows an understanding of the way the people who will be making rulings on your case (judges and prosecutors) think and make decisions.  It provides knowledge of how good police officers prepare evidence for trial and potential mistakes they may make that can be used to a client’s advantage. Upon leaving the Fairfax County Commonwealth’s Attorney’s office in 2009, Faraji opened his own criminal defense firm. Since 2009 he has focused almost all of his efforts towards representing individuals facing DWI and criminal charges throughout Northern Virginia. Located steps from the Fairfax Courthouse, the majority of the firm’s cases are in Fairfax. This dedication and focus on Fairfax criminal law has allowed Faraji to develop the skill of a seasoned veteran. Individuals charged with a DWI in Fairfax owe it to themselves to select a qualified, skilled Fairfax DWI lawyer. When the freedom of you or a loved one is at stake, it simply doesn’t make sense to leave the outcome up to anything less. After talking for just a few minutes we are so sure that you will end up hiring us that we always offer free no-obligation consultations. There is no risk involved, and we... read more

Fairfax Alcohol Safety Action Program (Fairfax ASAP)

Apr 9, 2013

If you are convicted of any type of DWI in Fairfax County, the judge will order you to complete the Fairfax Alcohol Safety Action Program, also called ASAP. After a DWI conviction, the court clerk will give you a date for your initial ASAP evaluation. This date can be moved if it is inconvenient, but if you have a restricted license,meaning you can only drive with certain restrictions, someone from ASAP will need to endorse your license within 15 days. The endorsement indicates that you have signed up for the program and met with a counselor. Failure to get that endorsement done in a timely manner makes the restricted license invalid. You may be able to get your restricted license reinstated, but it is a nuisance. If you drive on an invalid license you will be in violation of your probation.  For participants who live outside Fairfax, the program can be transferred to their home county or state. However, the initial evaluation will still need to be done in Fairfax. The Fairfax ASAP program begins with an initial evaluation at the program offices, which are close to the courthouse. During this lengthy interview, the workers at ASAP will determine what level of alcohol education is appropriate for each person. The most commonly prescribed program calls for the individual to attend 10 two-hour classes. The classes are held once a week for 10 weeks. Missing classes is typically not allowed. Failure to comply with ASAP rules can result in ASAP requesting a hearing in front of the judge who sentenced you on your DWI. If the judge believes that you... read more

5 Ways to Prepare For Your Fairfax Reckless Driving

Apr 9, 2013

Many clients want to take steps before court to ensure the best possible outcome. This list provides an idea of some things you can do before court to help your case. Like everything in law, this list isn’t appropriate for every case. You should talk to a Fairfax Reckless Driving lawyer before doing anything with your case. 1)    Know your driving record The outcome of almost every Fairfax reckless driving case will vary depending on the driver’s record. People who are good drivers get better results than people who are bad drivers. Knowing exactly what appears on your record is an important starting point for creating an effective strategy. The officer who wrote the ticket is likely going to bring a copy of the record to court. It is important that we know exactly what is on your record. 2)    Get your speedometer calibrated If your speedometer is inaccurate many judges will factor that in and be more lenient. It’s not always guaranteed to get a reduction but many times having a calibration can beneficial. There are a number of locations in the Fairfax area that provide this service for a fee. The calibration will show if your speedometer was not working properly. It will also show how many miles per hour the speedometer is off. During a free consultation we will be happy to provide you with information on where and how to get your speedometer calibrated. 3)    Set Your Expectations On your court date, your Fairfax reckless driving lawyer will meet with the Prosecutor and get a plea offer. A plea offer is negotiated and states what... read more

What Will Happen When I Go To Court For My Fairfax DWI

Apr 1, 2013

Every case is unique. There are several factors that will have tremendous influence on the ultimate outcome of your case. It is impossible to say definitively predict an end result. That much said certain things take place on nearly every DWI in Fairfax. Court will start at 9:30. The judge will take the bench and begin calling cases. The names called are for those individuals who did not hire a lawyer. Cases where a defense attorney is involved are placed in a separate pile and given to the Prosecutor before court starts. This allows the Prosecutor assigned to the courtroom to talk to the officers in the courtroom about the facts of their specific cases. Practicing DWI law in Fairfax is less formal than most people expect. Typically, nobody from the Commonwealth Attorney’s office looks into cases before the actual day of court. This presents challenges to a defense attorney, but it also presents an opportunity. The downside is obvious. Without knowing what the full evidence is or even what Prosecutor is going to be assigned, clients are often required to make tough decisions on relatively short notice. The upside to this informal set up is tremendous. A good Fairfax DWI lawyer will have been working on the case for some time and will be infinitely more prepared than his counterpart in the Prosecutor’s office. While it is impossible to know every single detail, experience allows a lawyer to get a reasonable idea of what potential issues or defenses may exist with regards to a specific DWI. Additionally, the defense attorney will only be handling one case that day.... read more

Fairfax Shoplifting Day In Court

Apr 1, 2013

Fairfax Shoplifting day in court If you are facing a Fairfax Petit Larceny or a Fairfax Shoplifting charge your case will be set at 9:30 in courtroom 2J. When court starts the judge will begin by first talking to all the individuals who are eligible for a disposition under the Opportunities, Alternatives, and Resources (OAR) program. The OAR program is an excellent opportunity available in Fairfax and few other jurisdictions. Under Virginia law a conviction is typically for life. Expungement or the removal of a conviction, from a person’s record is not available if someone is found guilty. The OAR program is one of the exceptions to this punishing rule. The OAR program allows for even a guilty person to have their case dismissed if they complete 47 hours of community service and a 3 hour anti-theft class. The case is rescheduled for about 6 months to allow completion of the program. You will have to return at the end of the 6 months to allow completion of the program. You will have to return at the end of the 6 months to verify successful completion. In addition to community service and the class, you must also stay out of trouble for that 6 month period. When the judge calls eligible people it is smart to participate in the interview. It’s often referred to as an interview, but it’s actually more of an information session. An opportunity for an OAR employee to discuss the program and what is expected of participants. After completing the interview you return to the courtroom and wait for the judge to recall your case.... read more

Fairfax Restricted License

Apr 1, 2013

If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1)    Work 2)    School 3)    ASAP and ASAP required activities 4)    School 5)    Medical appointments (for yourself, elderly parent, household members, and children) 6)    Your children’s school 7)    Your children’s daycare 8)    Probation 9)    Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one at the same time you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important.... read more

Fairfax Alcohol Safety Action Program (Fairfax ASAP)

Apr 1, 2013

If you are convicted of any type of DUI in Fairfax County, the judge will order you to participate and complete the Fairfax Alcohol Safety Action Program or ASAP. The program offices are located close to the courthouse. After a DUI conviction, the court clerk will give you a date for your initial ASAP evaluation. This date can be moved if it is inconvenient, but if you have a restricted license someone from ASAP will need to endorse your license within 15 days. Failure to get that endorsement done in a timely manner makes the restricted license invalid. For participants who live outside Fairfax the program can be transferred to their home county or state. However, the initial evaluation will still need to be done in Fairfax. Fairfax Alcohol Safety Action Program (Fairfax ASAP) The Fairfax ASAP program begins with an initial evaluation. During this lengthy interview the workers at ASAP will determine what level  of alcohol education is appropriate for each specific individual. The most commonly prescribed program calls for the individual to attend 10 2-hour classes. The classes are held once a week for 10 weeks. Missing classes is typically not allowed. Failure to comply with ASAP can have serious consequences. If ASAP believes you have not followed their rules, they can request a hearing in front of the judge who sentenced you on your DUI. If the judge believes that you have been non-compliant they can require you to serve some or all of the suspended jail time. The course usually costs about $400, although other fees may apply. It directs students to examine the decisions... read more

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Email faraji@fairfaxcriminallawyer.com

10560 Main Street • Suite 310 • Fairfax, Virginia 22030

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