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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 Whether You Need a Lawyer for a First Offense DWI in Fairfax, Virginia (Va)

Mar 23, 2015

DO I NEED A LAWYER FOR MY FIRST OFFENSE DWI IN FAIRFAX COUNTY, VIRGINIA The unfortunate truth about DWI cases, is that they can be very hard to win or get reduced.  There are a lot of times when it is possible, it certainly isn’t rare.  But it will have nothing to do with who you are as a person, or whether you volunteer on the weekends or anything similar.  There are times where a prosecutor will offer to reduce a DWI to a wet reckless if the facts of your case aren’t particularly egregious.  But as political pressure continues to mount of Commonwealth Attorneys to be hard on crime, it is become less and less common to see an “equity” reduction.  That is a reduction that is done solely because the driver is a good person. Rather, cases are largely won or lost on legal issues.  Did the officer do something wrong or violate the driver’s rights in some way? Was the machine not working properly? Was the officer have sufficient probable cause to stop the vehicle? Did he have sufficient probable cause to make the arrest? These legal issues are the way that matters get reduced or dismissed.  The flip side to that is that if there are no legal issues in your case, if the officer did everything properly and if the breathalyzer machine was working well, it is going to be very hard to get the case reduced or dismissed. This all assumes that you took the breath test and the result was .09 or above.  As you are probably aware, the legal limit in... read more

Former Fairfax Prosecutor Discusses the Average Cost of a Reckless Driving ticket in Fairfax, Virginia (VA)

Mar 23, 2015

Average Cost of a Reckless Driving Ticket A reckless driving conviction can cost you thousands in the long-run. To breakdown the median charges, consider: Fines – A court mandated fine. The fines aren’t usually the biggest issue.  Fines typically are in the $100-300 range, although exceptions can happen if the behavior is particularly bad, the speed is exceptionally high and/or the driver has a very bad driving record.   Insurance – this is usually the biggest cost. While there is no guarantee of how much an insurance premium will increase, there is often a hidden expense down the road to being convicted of a 6 point driving violation.  You should try to determine how much you expect your insurance to increase before going to court.  If you don’t think the increase will be significant hiring a lawyer may be an unnecessary expense.  If on the other hand, your carrier is likely to impose a hefty increase or drop you altogether, hiring a lawyer may be the cheaper way to go.   There may be other consequences, although they are rarer than the insurance increase.  Like everything else the more homework you do before court do determine how these things apply to you personally, the better prepared you will be on your court date.  Knowledge of how these issues will impact you is something that you have to determine on your own. Every person is different and has a different set of factors that will influence the final cost.  A few minutes worth of research before court case save you significantly in the long run.   Wages Lost – you... read more

Former Fairfax Prosecutor Discusses the Average Cost of a DUI/DWI In Fairfax, Virginia (VA)

Mar 23, 2015

Average Cost of a DUI/DWI If you end up being convicted of DUI or DWI in Virginia, what will this criminal offense cost you? Possibly plenty. In addition to minimum mandatory fees, court costs and legal defense, drivers may end up paying higher insurance, added commuting costs due to suspended licenses,and much more. Breaking Down the Monetary Cost of DUI Let’s take a look at some of the average expenses, according to the Virginia Department of Motor Vehicles: First Time Offenders – pay at least $250, plus one year driver’s license suspension. Second Time Offenders – pay at least $500, three year license suspension, and up to one year imprisonment in some cases. If the driver has committed this DUI with a prior within the space of ten years, he or she will need to serve at least five days in jail, according to compulsory guidelines. Third Time Offenders – offenders who commit DUI three times within a ten-year period will have their license suspended indefinitely. In addition, offenders will need to pay $1000 in fines, and will also be charged with a Class 6 Felony. Other penalties include a mandatory minimum sentence of three-months’ jail time, and vehicle impoundment. 3RD time DUIs within 5 years require a compulsory six month jail sentence. Other Facts Penalties may be weighed by the blood alcohol count at the time of the arrest, including past DUI convictions. Virginia has a strict tolerance policy for driving while under the influence, and individuals under the age of 21 will be subjected to the same penalties as an adult over this age range. These court... read more

Former Fairfax Prosecutor Discusses Assault and Battery against a Family or Household Member Laws in Fairfax, Virginia

Mar 23, 2015

ASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER LAW IN FAIRFAX COUNTY, VIRGINIA Under Virginia Law, Domestic Violence cases are handled under the states “Assault and Battery Against a Family or Household Member” law.  The law is found in the code under section 18.2-57.2.  Under that section it is illegal to unlawfully touch a family member in a rude or threatening manner.  This can include punches, slaps, pushes, really any contact that is designed to hurt another person or that is otherwise unwanted.  The law further defines a family or household member very broadly.  Any person who is blood relative is a family member.  More commonly boyfriend and girlfriends are considered household members if they have resided together in the same house for at least one night in the previous year.  So if you have a significant other who regularly stays over or who has done so at least once, they probably qualify under the law.  However, say platonic roommates would not qualify. Assault and Battery against a Family or Household Member are some of the most frequently charged crimes in Fairfax County and across the state.  This is because the police have a very strict policy of making arrests on any call for alleged domestic violence.  The logic behind the policy is simple.  It is safer to just arrest somebody in a heated situation, than risk leaving them there and having it escalate to something more drastic.  The unfortunate consequence of this policy is that a lot of innocent people end up getting arrested.  The vast majority of these cases are resolved very favorably, but it is... read more

Reckless Driving Appeal Options in Fairfax, Va

Mar 23, 2015

Appealing a Reckless Driving Conviction in Fairfax County, Virginia When a local police officer writes you a ticket for reckless driving, some of the most common questions drivers have include: What happens next? Do you simply pay a fine? The driver will need to go to court, based on the date placed on the summons. In terms of the fine, this can run anywhere up to $2,500, depending on the type of reckless driving that occurred, the driver’s history, and whether there were any aggravating incidences.  There may be other consequences, such as a loss of license.  The actual punishment will vary depending on a number of other factors.  Many people charged elect to go to court by themselves. People who appear without lawyers are sometimes surprised that the case doesn’t go there way or the judge doesn’t take into account the factors that they were expecting.  If the court appearance doesn’t end in the result that the driver was hoping for, people often ask what options are available after a less than favorable ruling. Can You Appeal A Conviction? If you are convicted, or found guilty of reckless driving in Virginia, you can definitely make an appeal, you have an absolute right to do so for any reason. The clock is ticking however, as you only have a ten-day window of opportunity to do this with the court. This appeal process is applicable to just about all criminal convictions in the state of Virginia, including reckless driving. If you pled guilty, is there still a chance to make an appeal? Speak with a lawyer, you may have already... read more

Types Of Theft In Virginia

Nov 12, 2014

Many people use the term “theft” to broadly describe a number of crimes involving stealing property. However, there are clear differences between such crimes. Burglary and robbery, for example, are not the same. Each has a different legal definition in addition to its own specific punishments. Here are the three most common theft-related crimes: Larceny. Larceny has the broadest description of any theft-related crime, and in Virginia, larceny describes any non-specific theft crime. The term “larceny” has no general definition in Virginia law, though it is assumed to be the unlawful taking of property with intent to permanently separate the person from his or her property. Numerous specific larcenies are defined to include larceny of bank notes and checks, larceny of specific animals, shoplifting, and receiving stolen goods. As in most states, the punishments for larceny are largely determined by the amount stolen, usually categorized as grand larceny (greater than $200) or petit larceny (less than $200). Burglary. Burglary is breaking and entering with the intent to commit larceny or some other crime. Any home invasion can be considered burglary, whether or not anything was stolen. The intent to commit a crime and the act of unlawfully entering someone else’s property are enough to convict a person of burglary. Robbery. This term refers to the crime of taking a person’s property through the use or threat of violence. Causing physical harm to a person or threatening him or her with firearms while taking their property constitutes first-degree robbery, and is punishable in Virginia by no less than three years in prison, and up to 10 years or life. Second-degree... read more

How To Avoid Getting A DWI

Sep 24, 2014

3 Tips For Steering Clear Of DWIs Getting a DWI can have terrible consequences. From hefty fines to time in jail, the process isn’t pleasant. With stringent laws in place regarding driving under the influence, the best course of action is often avoidance. Wise individuals should take necessary precautions to avoid the risk of getting a DWI, such as the following: Call a cab. The easiest way to handle the problem of getting home while intoxicated is to simply call a cab. This provides assured safety and self-reliance, creating a situation where everyone has a smaller chance of being involved in an accident. Assign a dedicated designated driver. If out with a group of friends, assigning someone as the designated driver is always a smart move. This removes the cost of a cab, yet still keeps everyone free from the worry of someone who has been drinking from driving. Wait until sober. Finally, waiting until you sober up is always an option. This works best when drinking while at a friend’s house. Many people plan to stay overnight in advance, thus removing any chance of being on the road while inebriated. Unfortunately, sometimes it’s too late for preventative measures. Knowing what to do once you’re pulled over is key in avoiding increased fines and possible jail time. Remember these tips: Keep your cool. Be polite and courteous with police officers, but admit to nothing. Don’t be confrontational or disrespectful. This will only make the situation worse. Remember your rights. There is no requirement to perform the physical, roadside sobriety tests. You have the right to politely refuse them. Hire... read more

4 Tips for Your Court Appearance

Sep 3, 2014

Whether you have to appear in court for a traffic violation, a theft, or even a violent crime, there are certain rules, both written and unwritten, you should follow. While some people choose to represent themselves and some choose to work with a Fairfax criminal lawyer, the same principles apply for making a positive impression. The following guidelines will help you make a good first impression in court: Look as professional as possible. The court may not enforce a strict dress code, but most court personnel opt for formal dress, which sets the standard. A disheveled appearance in court communicates a lack of respect and shows a disregard for the severity of the situation. Also, try to make arrangements to leave children elsewhere during your court appearance. Maintain good manners. Treat every individual you meet with respect, and remember to refer to the judge using the proper title, “Your Honor.” Remember, staff members work together to monitor your conduct, so thoughtless actions or comments will be taken into account. Be on your best behavior. Don’t rush to tell your story. Ideally, you will be accompanied by a Fairfax criminal lawyer, which means you won’t have to speak much in court. If you decide to represent yourself, consider conferring with a lawyer beforehand to make sure you are prepared to speak eloquently, patiently, and clearly during your appearance. Be confident. Take time to prepare for your appearance and maintain a positive attitude throughout the proceedings. While the final orders might not be exactly what you hoped for, maintaining your dignity is an important part of a court appearance. Seeking legal... read more

3 Reasons You Need a Lawyer for your DUI or DWI

Jul 23, 2014

Don’t Be Stuck With a DUI: How a Lawyer Can Help Things don’t always go as planned in life, and sometimes we end up in trouble without meaning to get there. If you are facing charges for a DUI or DWI, it may be tempting to represent yourself in court. But without the knowledge of a Fairfax DUI lawyer, you could do yourself more harm than good. Some of the many reasons a Fairfax DUI lawyer or Fairfax DWI lawyer is the wisest choice when it comes to dealing with these charges include: Professional Advice. According to NOLO, one of the simplest things a Fairfax DUI lawyer can do is provide excellent, professional advice. Contrary to popular belief, no two DUIs or DWIs are the same. A professional can look at the specifics of the incident and tailor their advice to meet those needs. It’s one thing to do research as background information, but it could be hazardous to depend on that to build a defense in court. A Fairfax DUI attorney can decide whether it’s better to plead guilty or not and what courses of action to take to better confront the court system. With this advice in hand, a successful case against a DUI or DWI charge will be much more likely. Plea Bargaining. A plea bargain occurs when there is something about the case that warrants another look. With the help of a Fairfax DWI lawyer, it may be possible to argue the results were inconclusive or there was no untoward behavior taking place. As a result, the charge may be dropped to a lesser offense,... read more

The Hidden Fees of Crime

Jun 30, 2014

Lawbreakers May Pay for Their Crimes More Than Once There is no denying that any interaction with the justice system is costly, but it is hard to navigate the purpose of various fees and understand how to avoid unnecessary charges. Before making decisions about whether or not to hire a private lawyer, it is necessary to consider the hidden fees associated with the criminal court system. Everyone is familiar with the Miranda Rights spoken by a police officer to an arrested person, “If you cannot afford an attorney, one will be appointed to represent you…” What is not included in those rights is the warning that in most states, there are fees that come with that court appointed lawyer which quickly add up. In fact, 43 states and the District of Colombia allow a defendant to be charged for a public defense attorney. So, while it might seem as though you have access to a free source of legal advice, court appointed attorneys do come with a financial cost. Additionally, all criminal defendants must navigate through a complex web of fees and charges associated with the court system. These fees can easily double or even triple the original sentencing cost. Many criminals who are not sentenced to jail time do end up serving a jail sentence, not for their original crime, but because they could not pay court fees after their trial. People often feel like they must choose between not using a lawyer and risk getting into a dilemma in court, or carrying debt forever. But when you start to add up court costs, appointed attorney costs, and... read more

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