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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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Former Fairfax Prosecutor Discusses Negotiating to Get Reckless Driving Tickets Reduced in Fairfax, Virginia (Va)

Mar 23, 2015

NEGOTIATING WITH THE PROSECUTOR TO GET A RECKLESS DRIVING TICKET REDUCED If you are have received a reckless driving ticket in Virginia, particularly for a relatively low speed, you will probably be interested in getting the charge reduced.  Obviously, the judge that hears the case will have the power to reduce or dismiss the charge.  But charges can be reduced, and often are, through a process called plea bargaining.  In a plea bargain, the Prosecutor agrees to resolve the case in a certain way if you agree to plea guilty.  The advantages are obvious to both sides.  From the driver’s side, you receive a certain result and avoid the risk associated with leaving the matter up to a judge who may do what you want or may impose some more severe punishment.  The prosecutor also gets the advantage of a certain conviction.  They also avoid having to spend time trying a case. Because of these advantages to both parties, a very large percentage of cases are resolved via plea bargain. In almost every jurisdiction in Northern Virginia, the Prosecutor will not look into the case until the day of court.  This means that you will have to wait until that day to speak to the Prosecutor about a potential plea bargain. If you want to try to negotiate a reduced charge with the Prosecutor, there are a number of tips you will need to follow to get the best possible results. KNOW WHETHER THE JURISDICTION ALLOWS PLEA BARGAINS Different Prosecutor’s offices have different policies about negotiating plea deals.  In Arlington, Alexandria, Fauquier and Prince William the Prosecutor will talk... read more

Handling Juvenile Criminal Cases With Your Child

Mar 23, 2015

Learn To Handle Juvenile Processes for Your Child What happens to your child if they get in trouble with the law in Fairfax County? Read more details here. Criminal acts that are committed by minors are called offenses. When these occur, minors will attend juvenile court, and once found delinquent, there are several assignments that will occur: The Court The Counselor The Treatment A Brief Guide for Parents of Delinquents Has your child been involved in delinquent activity? Here’s what you need to know to make the process go smoother – for both yourself and your child: A Court Counselor Will Be Assigned – while this counselor may seem like they’re sitting on the fence between the court and your child, their role is to ensure that your child abides by the terms of their probation; as well as mitigate any risk your childposes to the general public. Avoid Repeat Offenses – A re-offense can cause serious consequences. Speak to your child about the ripple effects of echoing the same offense, whether this is vandalism, theft, robbery, or other common juvenile delinquencies. Participate in Community Service – to meet the terms of the probation. Many community service programs teach minors about ways to resist delinquent temptations, practice self-control, and they generally aim to rehabilitate youth. Obeying the Rules – It’s important for juveniles to maintain good behavior, as any activity that’s deemed a threat to society will likely result in detainment. Examples include running away; committing a new offense; or not meeting court appearances. Other Ways to Help Alternatives to Confinement – a lawyer can intervene to plea bargain... read more

Former Fairfax Prosecutor Discusses Virginia’s Juvenile Drug Laws

Mar 23, 2015

Juvenile Drug Convictions Virginia law recognizes that some youth offenses are not necessarily predictors of future behavior. The policy in Virginia law is to try and rehabilitate adolescent offenders as opposed to punishing them. However, drug charges are always taken seriously and even drug charges against minor can have high stakes. In Fairfax County Virginia, a minor is anyone under the age of 17. If a juvenile is above the age of 14, he or she can be tried and convicted as an adult for felony offenses. Procedurally, the cases play out in the following way. The case will be brought to the Juvenile and Domestic Relations Court to determine if there is probable cause for the offense. The Commonwealth’s Attorney can request that the case be transferred to the Circuit Court to be tried as an adult charge. The next step will be a transfer hearing, and the J&DR judge will be tasked with determining whether it would be best to keep the child in J&DR or allow the case to be tried in Circuit Court. There is also a rule that allows the Commonwealth to automatically transfer a case to the Circuit Court after giving notice. However, this rule only applies in drug cases when the juvenile has been convicted of two prior drug distribution offenses committed while over the age of 14. Is It Better for the Juvenile to Remain in J&DR? It is usually much better to try and keep a case in the J&DR courts. J&DR court judges have much better options for the disposition of a juvenile defendant then Circuit Courts. However, the... read more

Community Service for Drug Charges in Fairfax, Virginia (Va)

Mar 23, 2015

Is Community Service An Option For Drug Charges In Fairfax County? One common question that drug offenders have is if there any alternatives to jail time. The answer to this question rests upon the circumstances of the case. According to Virginia laws, first time and non-violent drug offenders may be eligible for community service and/or probation as an alternative to jail. The stipulations furthermore outline the following: Payments – offenders will be responsible for the cost of drug tests, assessments and overall treatments. Education – offenders must fully complete the courses outlined in the drug treatment program. A validation is typically issued by the treatment center. Employment – a fair effort must be maintained on the defendant’s part to be gainfully employed. Community Service – 24 hours must be completed for misdemeanor convictions, while felony offenses require 100 hours of community service. Failure to abide by these terms will usually result in a finding of guilt. Common Types of Drug Charges in Fairfax Fairfax County is a popular place for drug-related arrests. Nevertheless, an arrest doesn’t have to lead to a conviction. Common charges include simple possession of marijuana, possession of drug paraphernalia, as well as sales and distribution of narcotics, which is more serious than simple possession alone. Sentencing or charges are usually determined by two factors in drug and bust cases: The Type of Drugs – each drug will have different schedules outlined by the United States Controlled Substances Act. The schedule is based on the level of addictiveness and abuse. Common examples of illegal drug use and possession include cocaine, heroin and opioids. Marijuana possession is... read more

How to Prove You Weren’t Driving Recklessly

Mar 23, 2015

How To Prove You Weren’t Driving Recklessly False accusations of reckless driving are quite common in Fairfax County, especially when there are usually no other witnesses to the crime. So just how can you fight these false allegations? Let’s first take a look at what reckless driving is: Reckless Driving Defined Reckless driving is considered to be driving with wanton disregard for life, limb or property, according to most legal definitions. The most common examples of reckless driving entail speeding, disobeying traffic signals, racing, or failure to comply with common rules like coming to a halt at a school bus stop. In the state of Virginia, there are literally dozens of ways a reckless driving offense can play out. The Catch If a police officer catches someone in the act of reckless driving, the consequences are dire. For one, it’s a crime and not a simple traffic infraction alone. If found guilty, this conviction can stay on your criminal record indefinitely, with no chance of an expungement (based on Virginia Laws). How does this crime differ from others in terms of penalties? Even though jail time is a possibility, it’s typically not a part of the sentencing unless there are aggravating circumstances – such as past offenses or injury to others. The fines are anywhere up to $2500 (although they are typically much lower than that), and there’s some possibility of a six-month license suspension for first offenders. Again, this is only applicable for particularly egregious cases. Challenging the Evidence& Proving Innocence Take for instance you were written up by a cop for speeding 20 MPH over the posted... read more

Former Fairfax Prosecutor Discusses Virginia’s Juvenile Theft Laws

Mar 23, 2015

How to Handle a Pending Juvenile Theft Case in Fairfax County If your child has been arrested for theft or shoplifting, you can expect that: The case will be handled in the juvenile justice system as opposed to the criminal courts. Your childmay be labeled a delinquent if found guilty of theft. What Is Theft? Theft is the intentional stealing of goods or services belonging to someone else. Petit theft is larceny of goods valued under $200, while grand theft is deprivation of goods or services over this amount. Why A Juvenile Justice System? Minors are processed in the juvenile justice system when misdemeanor charges arise. This happens because minors are largely considered to be incapable of making rational or calculated decisions on their own. Additionally, the system is designed to be focused on rehabilitation, rather than incarceration.  There are substantially more punishment options available for juveniles than for adults.  There is also a heightened focus on not creating a permanent record that may have implications in the future. Who Are Juveniles? What’s the age of a juvenile, you may ask? This is anyone between the ages of 6 and 18 years old. Alternatively, some minors over the age of 14, who have also committed certain felonies may be tried as adults. This is fairly rare and will only take place amongst the most violent offenders who are accused of particularly dangerous crimes.  Also a 17 year old will be more likely to be tried as an adult than a 14 year old. How to Handle False Allegations An accusation of theft doesn’t always have to play out in... read more

Tips to Get a Reckless Driving Ticket Reduced

Mar 23, 2015

How to Get Reckless Driving Ticket Reduced If you’ve received a summons to appear in a Fairfax County court due to reckless driving, what’s next? The next plan of action is to appear on the summoned date. Why do you need to go to court vs. pay fines online or with the DMV? This is because reckless driving is considered a misdemeanor. The behavior essentially endangers the life, limb and property of others, and as a result – Virginia proceeds with a heavy-handed approach. Others states outline similar penalties, and here’s what you need to know: Common Penalties The cost for this offense, if found guilty, can go up to $2,500. It will also cost you 6 points from your driver’s license, and may even lead to license suspension for up to 6 months.  While the most severe of these penalties are reserved for the most egregious violations, they are in play if you were going in excess of 100 miles per hour or have a very bad driving record.  (Although even in those circumstances the fines are usually much lower.) The Basis of Penalties The sentence handed to drivers is largely based on the discretion of the judge. Nevertheless, there are a plethora of actions you can take now, which could help to shift the judge’s orders in your favor, including: Print Your Driving Record – if this is your first offense, and you can show that this was simply a moment of “slight indiscretion”, charges may be reduced or dismissed. A clean driving record depicts drivers as being generally responsible. Get A Criminal Defense Attorney –reckless driving... read more

How To Get Legal Defense for a Drug Possession Charge in Virginia

Mar 23, 2015

How to Get Fast Defense When You’ve Been Wrongly Accused of Drug Possession Many people are wrongly accused of drug possession. So how can you fight charges, when you were found with drugs in-person and are innocent? Here are some top tips for getting the fastest defense: Exercise Your Right to Remain Silent – whatever you say can be used against you. It’s never advisable to talk to the police alone. Hire an Attorney – your legal counselor will advise you on the best course to take after your arrest, and also investigate the so-called evidence to clear your name. Get a Court Date – have your day in court by not pleading guilty and proving your innocence. What Is Drug Possession? This happens when someone is found in possession, or has control of illegal substances like heroin, marijuana, cocaine and other drugs.Penalties vary based on the quantity and the type of drugs you were found with. Top Defenses for Drug Possession Holding narcotics on-hand may seem blatantly obvious that you’re a drug pusher or user, but everything isn’t always what it seems. Here are some of the top defenses. You Were Setup – did someone plant the illegal substance in you clothing, travel luggage, or some other area you owned or controlled?   Drugs Belonged to Someone Else – supposing a friend accidentally left an illegal substance in your car? If you happen to get pulled over by law enforcement, how can you prove innocence? The best answer is to seek legal representation. Police Entrapment – were you coerced by law enforcement to be a part of an... read more

Fighting a Traffic Ticket in Fairfax, Virginia

Mar 23, 2015

How to Fight a Traffic Ticket in Fairfax County If you’ve ever experienced Fairfax traffic court, you know just how heavy-handed the justice system can be. If you’re charged with reckless driving by speeding for instance, you won’t get the opportunity to take a driver’s course in lieu of conviction, as is the case with other jurisdictions in Virginia. Traffic misdemeanors are also heavily penalized including driving without a license or on a suspended one. You could also end up with a criminal record for fleeing the scene of an accident, or altering tags. There is hope however, for both simple traffic infractions What about Simple Traffic Infractions? If you have a simple traffic infraction that’s not criminal, should you go to court? Is it worth fighting for? This depends on several factors including whether you can afford points, higher insurance, or a bad driving record. Top Facts Regarding Traffic Tickets in Fairfax County Upon issuance of a simple traffic ticket you will usually have 30 days to pay. Fines in Virginia can be paid online or through the county clerk. For criminal traffic offenses like those discussed earlier, you will need to attend court. If you hire a lawyer, he or she can attend trial on your behalf in some circumstances. If a simple traffic ticket or civil infraction isn’t paid, the consequences can include a driver’s license suspension and added late fees. Alternately, drivers can opt to attend court and see how it all plays out, whether they’re pleading guilty or innocent. A traffic lawyer can also help to negotiate on the driver’s behalf to fight for... read more

Former Fairfax Prosecutor Explains How to Fight a Reckless Ticket in Fairfax, Virginia (Va)

Mar 23, 2015

How to Fight a Reckless Driving Ticket in Fairfax What Constitutes Reckless Driving? According to the law, this involves two things: Manner – operating vehicles in a way that could possibly cause bodily harm to individuals, or property. Speed – exceeding the posted speed limits by over 20 MPH or going over 80 MPH regardless of the speed limit. These definitions are applicable to the state of Virginia. There are several other reasons an officer can cite you for reckless driving, including but not limited to: not using proper signals; ignoring a school bus stop; running a red light; driving too closely; speeding – or driving with wanton disregard. Reasons to Fight When most people get a traffic ticket, their first instinct would be to pay the fines rather than endure a day in court. While reckless driving, and a ticket without an arrest, may all seem like a simple traffic infraction, it’s may not be and the consequences may be more significant than initially appears. Turning a blind eye to a reckless driving ticket isn’t recommended. The fines may be significant, but the biggest issue is potentially substantial increases in insurance.  . Jail time and a suspended license is also a possibility if there are extenuating circumstances. Nevertheless, if this is your first offense, and you have a fairly clean driving record, there is some possibility of having the charges either dismissed or reduced. One option is an improper driving charge, which is a civil infraction – rather than a crime. Other Reason to Fight In addition to the penalties outlined above, there may be added costs if... read more

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