Read Our Reviews
Practice Areas

Fairfax Criminal Lawyer Articles

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.

Do you know what type of case you need more information about? Email Us Now.

Or You Can Search Here

Former Fairfax Prosecutor Explains How to Avoid Jail on a DWI/DUI in Fairfax, Virginia (Va)

Mar 23, 2015

HOW TO AVOID JAIL FOR YOUR FAIRFAX COUNTY, VIRGINIA DWI For the vast majority of people who are facing DWi charges throughout Virginia and in Fairfax County specifically, the first question they ask their lawyer is what they can do to avoid going to jail. The first thing that you can do is to make sure that you are not arrested for a charge that requires jail time.  If you are convicted of a DWI with an enhancing factor jail time is mandatory.  That means convictions for a second or subsequent DWI will be looking at mandatory jail time.  Additionally, DWIs with high BACs will also face mandatory jail time.  High BAC means anything .15 or above.  There are certainly defenses that may be applicable in either situation. For example, out of state DWIs will typically not count.  If you were convicted under the law of another state, that state’s DWI law must be “substantially similar” to Virginia’s law.  There are very other states that have laws that are substantially similar to Virginia’s.  So if your prior DWIs are from another state it increases the likelihood that you can avoid jail time.  There are also some judges in Fairfax who have ruled that the law for enhanced BAC may not be valid because of a technical issue with how it is worded. Obviously those issues aren’t helpful if you are someone who has already been arrested and charged.  In that circumstance you should discuss your options with your lawyer as soon as they are hired.  Depending on the facts of your case, you may be able to leverage a... read more

Juvenile Criminal Records in Fairfax, Virginia

Mar 23, 2015

How Long Does a Juvenile Case Stay On Record in Fairfax County? Are you wondering how long your juvenile record will stay on file? Will it haunt you past your 18th birthday? Let’s find out the facts regarding juvenile records in Fairfax County, Virginia: The records are typically sealed upon the offender’s 19th birthday, or after a window of five years has passed without incidence. This incidence could mean that there were no repeat offenses by the juvenile in question. After records are destroyed, these are not available for public access. Nevertheless, some authoritative boards may be granted access, including the courts or law enforcement. The record is usually destroyed when there were no felonies committed, and/or the juvenile was not found guilty. Under these terms, juveniles and their parents can expect the record to be sealed at the eligible timeline of the 2nd day of January. Exemptions Say for instance a juvenile committed a felony offense, such as second-degree murder. Are these records expunged after the 19th birthday? According to Virginia laws, the juvenile may be tried as an adult, and similar to adult records, the notation would remain on file for public view. What about juvenile traffic offenses? In the event of traffic offenses, these can remain on file with the DMV until the said juvenile reaches 29 years old, or earlier as determined by the charge and the DMV. Other Facts about Juvenile Crimes Many misdemeanor offenses require that the juvenile’s driver’s license is suspended for a certain period of time. A Juvenile can be tried as an adult if he or she committed a felony... read more

Driving While Intoxicated on Drugs in Fairfax County, Virginia (Va)

Mar 23, 2015

HOW DOES FAIRFAX COUNTY HANDLE ARRESTS FOR DWID (Driving While Intoxicated – Drug Related) Many people are aware that the limit for a dwi arrest is .08. However very few people are aware of how the law handles dwi cases where the person is suspected of being under the influence of some other type of narcotic. These cases present challenges to the Government in a number of ways: Officers don’t deal with them as frequently and may not be properly trained on how to gather evidence Prosecutors don’t handle them frequently and may not be properly trained on how to present a case Expert witnesses are almost necessary for the Government. Generally, the more hurdles that exist to a conviction the better off you will be. DWID cases work exactly the same way. Many drugs, particularly marijuana, stay in your blood well after they stop getting you high. Marijuana in particular is hard, because you can have a very high amount from the something you smoked days ago or a low number from something you smoked minutes ago.  Many narcotics simply don’t get processed by the body the same was as alcohol and the system is frequently not set up to prove those cases. Blood tests are often required to be drawn. Blood presents a lot of potential challenges, because the drawing of blood is very well regulated to make sure of accuracy. If the police or hospital make even one mistake it can lead to a case being thrown out. The law that makes it illegal to drive while under the influence of drugs is, 18.2-266, the same... read more

Former Fairfax Prosecutor Discusses How Prosecutors Decide Whether to Reduce a DWI/DUI to Reckless Driving

Mar 23, 2015

How Do Prosecutors in Fairfax County Decide to Reduce A DWI to Reckless Driving For obvious reasons, many people charged with DWI in Fairfax County are interested in having their charge reduced to a “wet reckless”.  A wet reckless is a term for a DWI that gets reduced to Reckless Driving with required Alcohol awareness classes. A wet reckless is not technically a punishment, but rather a slang term to describe a resolution of a case.  Typically judges don’t think they have the authority to reduce a DWI charge to a Reckless Driving.  They are probably right.  It is the role of the Prosecutor’s office to determine how people should be charged.  Judges are more responsible for determining guilt or innocence.  So judges usually think it is there job just to figure out if you are guilty or not guilty of a DWI, not to determine if the charge should be reduced. So with the understanding that the decision on whether or not to reduce the charge is up to the Prosecutor it is important to figure out how they make those decisions. In most cases, the Prosecutor will not be inclined to reduce the charge simply because you are a good person.  For whatever reason, be it political pressure from MADD or other organizations, simply being a decent upstanding otherwise law abiding citizen usually isn’t enough to get a charge reduced.  Additionally, Prosecutors will usually have to answer to upper management for reductions and many have strict orders to not give reductions based simply on the driver being a good person.  In some jurisdictions (Alexandria and Prince William)... read more

Fairfax Reckless Driving Tickets for Out of State Drivers

Mar 23, 2015

Fairfax Reckless Driving Ticket For Out Of State Drivers Have you visited the state of Virginia and are now stuck with a reckless driving ticket? Did you know it’s not just a mere traffic infraction alone?  It is typically not an issue unless you were going exceptionally fast, have a bad record or were alleged to have been driving in an extraordinarily dangerous manner.  However, because it is technically a class 1 msidemeanor you are required to appear in court.  In Fairfax however, there is a policy where an out of state driver can hire an attorney to appear on their behalf.  This means the driver can avoid the nuisance of having to appear in court. Out-of-state drivers can be charged with a reckless driving offense in Fairfax, Virginia,if they were operating a vehicle in a manner considered as careless. Common examples include speeding, running a stop light, racing across a train track, or passing two parallel vehicles on a regular two-lane roadway. There are at least 20 sub-statutes outlined for reckless driving. The Penalties Out-of-state drivers face the same fines as registered residents, and theseinclude one or more of the following: Up to $2,500 in fines Possible jail time for extraordinarily aggravating circumstances In terms of license suspension or points reduction, the state of Virginia will regularly report the conviction to your home state (assuming they are one states that participate in the Interstate Compact).  Once notified of the ticket it will be up to your home state to determine how to handle the ticket.  Most states have written policies on how they handle Virginia convictions.  You or... read more

Former Fairfax Prosecutor Discusses How Prosecutors Make Plea Deals in Fairfax, Virginia

Mar 23, 2015

DWI Plea Bargains: How Can I Get One for My Virginia DWI? DWI or driving while intoxicated is a serious crime in the state of Virginia. There may be several consequences for one slight moment of indiscretion, including jail time, fines, license suspension, and other penalties. But when it comes to this crime, is there a bargaining chip that drivers can leverage to stay out of jail? The answer to this question is that it really depends on the facts of your case.  The strongest bargaining chip is a Prosecutor’s concern that they may lose the case.  This may be as a result of weak evidence, illegal evidence gathering on the part of the police, or any other problem with the Government’s case. Typically, that you were nice to the officer or have no prior record is not an effective negotiating tool. What’s A Plea Bargain? A lawyer can settle with the prosecution team through a series of discussions. The Pros You’ll Know The Terms Before Accepting – There’s no second-guessing sentences, plus offenders won’t need to endure rigorous and mentally exhausting trials in court. A Bargain Equals Discounted Sentencing – Plea bargains in most cases, allow guilty parties to avoid jail time, get lower penalties, or receive lesser charges. A good example would be a reckless driving charge vs. DWI. The Cons You will be found guilty – On the other hand, if you were to go to court and fight the charges, the case could be dismissed if you prove successful. If you lose, the judge will sentence you based on the circumstances of the case. Some... read more

Former Fairfax Prosecutor Discusses Driving Under the Influence of Drugs (DUID) in Fairfax, Virginia (VA)

Mar 23, 2015

Driving Under the Influence of Marijuana or Other Drugs (DUID) It is illegal to drive under the influence of marijuana and other types of drugs like cocaine, heroin, and in some cases,even prescription medication… Any trace levels of marijuana found during testing can lead to an arrest for DUID. The Consequences of Driving Under the Influence of Marijuana The penalties usually involve fines, license suspension, and possible jail time. As seen, these are treated in the same way as DWI. Upon reinstatement of the offender’s driver’s license, the court may also order the implementation of an ignition interlock device. Ripple Effects of DUID You can be charged with the possession of marijuana in addition to DUID. Notable Questions and Answers for Drivers about DUID Unlike driving under the influence of alcohol for example, how do lawmakers test drug levels in the state of Virginia, which presumably would be used as evidence during trial? Answer: A blood test is usually administered, whereby any trace levels of the substance will serve as proof that the driver was indeed under the influence at the time of operating a vehicle. Since medical marijuana is legalized in the state of Virginia, can you legally drive after using the substance? What if I was smoking legally in the District of Columbia. Answer:It’s still illegal under Virginia law. Nevertheless, this can be tricky to answer and convict, since traces of marijuana can remain in the system weeks after use. Ask your lawyer about defense options if you’ve been arrested for DUID as a result of medical marijuana use in Fairfax County or anytime that you are... read more

Driving on a Suspended License Laws in Fairfax, Virginia

Mar 23, 2015

What Can I Do If I Have Been Charged with Driving on a Suspended License? Driving on a suspended license is a very commonly charged offense. A license can be suspended for a variety of reasons. A license may be suspended for the failure to pay court fines. A license is often suspended as the result of the conviction of a crime. For example, after a DUI or DWI conviction the defendant’s license is suspended for a period. Finally, driving without a valid operator’s license is also illegal. What are the Penalties for Driving on a Suspended License? The penalties for driving on a suspended license depend on the reason for the suspension. In many cases, the offense is charged under Va. Code 46.2-301. Under this statute, driving on a suspended license is a Class 1 Misdemeanor. It carries up to 12 months of jail time and a fine up to $2,500. Of course, the defendant’s license will be re-suspended for the same period as the prior suspension or up to 90 days. A third offense of driving under a suspended license also contains a 10 day mandatory period of incarceration. When a license has been suspended because of a DUI, DWI or refusal to take a breathalyzer, the punishment can defer slightly if the offense is charged under Virginia Code 18.2-272. Driving while a license is suspended for a DUI or DWI is still a Class 1 Misdemeanor, but is elevated to a Class 6 Felony on the third offense within three years. The defendant’s license suspension is also increased for one year for a first offense and... read more

Does a Traffic Ticket Go on Your Criminal Record

Mar 23, 2015

Does A Traffic Offense Go On Your Criminal Record? All traffic tickets may seem the same on the surface, but not every traffic offense is just that. Some are criminal. The most common criminal offenses that can occur while driving include: Driving Under the Influence – this may seem like the most obvious, and it occurs when drivers exceed the state’s limits on blood alcohol counts when operating a vehicle. Driving Without a License – it’s illegal to drive without a license all over the nation. In Virginia, this is considered a class 2 misdemeanor. What happens if you have a license but simply forgot it at home? In this event, the validity of the license can usually be searched by referring to the driver’s birth date or other personal information. Reckless Driving – can occur in several ways including driving over the speed limit, running a stop light, failing to yield, or simply operating a vehicle with wanton disregard for life, property or limb. Reckless driving is a little different from the other charges in that if may not appear on your criminal record under many circumstances. Even though it is technically a criminal charge in Virginia, you should talk to a lawyer to see if your specific case will result in a blemish to your criminal record.  Many times it will not.  It will certainly appear on the court records and on your driving record, which may eliminate many of the problems people often associate with a criminal conviction. Driving On Suspended License – this is also a misdemeanor in the state of Virginia, which subjects offenders... read more

Former Fairfax Prosecutor Discusses Whether You Need a Lawyer for First Offense Marijuana Possession in Fairfax, Virginia (VA)

Mar 23, 2015

Do I Need a Lawyer for My First Offense Marijuana Charge in Fairfax County? As a practicing drug lawyer in Fairfax County, I get a lot of calls from people who have been caught with marijuana.  They often have no previous records and aren’t sure how to proceed.  They don’t even know whether or not they need an attorney.  Like most of my clients, these are typically good, hard-working people who were caught with small levels of marijuana for personal use.  They are concerned about what will happen in court, but they also realize that marijuana is legal a lot of places in the United States and is only a civil fine just a few miles up the street in the District of Columbia.  They obviously don’t want to get taken advantage of in court, but they also don’t want to pay for a lawyer if they don’t need one. Unfortunately, there is no simple answer on whether you should hire a lawyer or not for a first time marijuana charge.  The decision will largely hinge on whether the individual would be comfortable with the 251 program.  And to understand that you need to understand the way Possession of Marijuana cases are handled in Fairfax. ( All cases start in courtroom 2J) POSSESSION OF MARIJUANA PROCESS IN FAIRFAX RUNNING OF PRIOR RECORDS – before court your record will be run to see if you are eligible for the program. Anyone who has no drug charges on their record will be eligible. DECISION TO BE INTERVIEWED – early at the start of court, the judge will call everyone who is... read more

(703) 934-0101

Email faraji@fairfaxcriminallawyer.com

10560 Main Street • Suite 310 • Fairfax, Virginia 22030

Pin It on Pinterest