by admin | Aug 20, 2013 | Shoplifting
Police procedural television programs and heist movies have made most people conversational with the terms petty theft, larceny, grand larceny and more. But since those shows are never based in Fairfax, VA, the average person is unclear on the actual laws surrounding these offenses. All theft crimes in Virginia (and those related) are all subsumed under the general term “larceny.” While there are a few specific statutes relating to larceny, generally larceny offenses are divided into two categories: Petit Larceny Grand Larceny Petit Larceny Petit larceny is the lowest level of theft. Petit larceny is classified as a Class I misdemeanor, and the attached sentence is possible confinement in jail for a period not longer than 12 months, and/or a fine of not more than $2,500. What qualifies as a petit larceny? Theft of property or services valued at less than $200, orl Theft of property valued at less than $5 when taken directly from the person of another. Grand Larceny Grand larceny is usually punishable as a felony, and if it is charged as a felony, the court can can punish the offender with imprisonment for a period of at least one years but not more than twenty years. However, at its discretion, the court can choose to view the grand larceny charge as a misdemeanor instead of a felony. This is sometimes done in cases where the defendant has no previous offenses, or if the amount stolen was only slightly over $200. If that is the case, the possible penalties are the same as for petit larceny, which is also a misdemeanor. What qualifies as a grand...
by admin | Aug 5, 2013 | Drug Charges
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...
by admin | Aug 5, 2013 | Domestic Violence, Drug Charges
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...
by admin | Aug 5, 2013 | Traffic Charges
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...
by admin | Jul 26, 2013 | Uncategorized
Getting charged with a DWI in Fairfax is scary business, and not just because of the prospect of a night of fun having consequences for the rest of your life. If it’s your first encounter with the legal system, you have hundreds of questions. You won’t know what’s going on, who to talk to, or what happens next. If this is your second or third offense, you’ll know more of what’s going on, but will likely have questions about the implications of your previous charges. Either way, it’s best to seek the counsel of an experienced DWI attorney. But how do you know who to hire? We’ve put together some tips. Seek experience. You don’t want an attorney who handles probate law. You want a criminal lawyer with extensive experience in DWI cases. You want an attorney who knows the judge you’ll be facing, who has gone toe-to-toe with the prosecutor, who is familiar with the arresting officer. The judicial system can be faceless and impersonal, but a lawyer who knows the people he or she is working with can make a substantial difference. Ask for referrals. Yellow pages ads don’t tell you how respected a given lawyer is in their field. Ask people who have had DWI charges, or who know someone who has. It may be embarrassing, but your future may be riding on it. Schedule consultations with several lawyers before hiring any of them. You will want to feel that the one you choose is competent and capable, and the best way to know that is to compare a few. Ask about total lawyer’s fees. There...
