by admin | Jul 1, 2013 | Drug Charges
It sounds like a story straight out of the movies. A high-ranking police officer of impeccable reputation, a saga of greed and abuse of power, cryptic code languages, the thrill of sting operations, and the race to blow the lid of a corruption racket. The Federal authorities have brought charges against Michael Dean “Fireball” Roberts for the distribution of illegal substances. A top cop and the pride of Marion since 2000, Roberts, aged 54, was a member of the Smyth County Board of Supervisors from January 1996 through 2009. He is suspected of stealing drugs from the evidence room of the police department. These charges, made in the U.S. District Court in Abingdon, have been supported by affidavits of confidential informants along with audio and video footage captured with the help of hidden microphones and video equipment. In his role as a Police Chief, Roberts was entrusted with the responsibility of destroying drugs seized during raids and as such had access to a wide variety of drugs. Agent Jonathan Tabor of the Bureau of Alcohol, Tobacco, Firearms and Explosives mentioned that among the drugs supplied by Roberts were Roxicet, Percocet, Xanax pills, Lortab, marijuana and even cocaine. According to the informant, there were times when Roberts would bring pills that were new and unknown. In order to identify them, they would use a book, described by the informant as the ‘Drug Identification Bible’. Those that were discovered to be narcotics would be kept aside for future use. The non-narcotic pills would be discarded or flushed down the toilet. Video footage also shows Roberts giving a couple of pills (which...
by admin | Jun 30, 2013 | Uncategorized
Basing their findings on the downward shift in both violent crime and property crime in an 11-year timespan, the recent Virginia Crime Statistics and Rates Report suggest that Virginia’s expected crime rate for 2013 will fall even lower than it did in 2010. During 2010, Virginia’s rate of violent crime was even lower than the rate for violent crime as the averaged national rate. Indeed, Virginia’s rate of violent crime ranked some 30.2% lower than the national average; Virginia’s property crime rate ranked approximately 6.64% lower than the national average for such crimes. Moreover, the Virginia Department of Criminal Justice Services reports that during the past decade (2002-2011), violent crime and property crime rates were “consistently below the national rate every year during the last decade.” Decreasing Crime Rates In Virginia Consistently decreasing crime rates in Virginia are certainly something of which area law enforcement should be quite proud. It does, however, beg the question of whether or not – or to what extent – the numbers equate to positive changes on Virginia residents’ quality of life. Protection from crime is arguably among the main factors that people consider when they decide to live in a given location. It is evident that the residents of Richmond, VA. understand and appreciate the positive impact that decreasing crime rates can have on their community. According to the PR Web, “Much of Richmond’s crime reduction is due to the actions of social programs and involved community like institutions like The Richmond Outreach Center” Lower crime rates can help Virginia’s economy, as it makes the region more appealing and attractive to people who...
by admin | Jun 30, 2013 | Traffic Charges
Texting while you are driving became a primary offense on July 1 in Virginia. That means police officers can pull you over solely for texting or emailing while you are behind the wheel. It has been illegal to text and drive in the Commonwealth since 2009 but it was a secondary offense which meant police needed another reason to stop drivers they saw texting such as a defective light or erratic driving. Texting And Driving First Citation Under the new law the first citation for texting at the wheel will be a fine of $125 dollars, with every offense after that carrying a fine of $250 dollars. The new law raises a number of legal questions. It states that a driver cannot “manually enter multiple letters or texts” while driving or “read any email or text message transmitted to the device.” But drivers will still be able to use their hands to make phone calls and receive directions using a smartphone’s Global Positioning System. It may be difficult for a law enforcement officer to differentiate between someone entering in a phone number, which remains legal, and entering in text which isn’t, from the road. Cell Phone & Reckless Driving Using a cell phone or other device while driving could also lead to a more serious offense of reckless driving. The Virginian-Pilot reported an opinion of Attorney General Ken Cuccinelli who said a reckless driving charge would be appropriate if the use of a hand-held communication device led a driver to “seriously endanger others or their property.” The Attorney General gave his response to a request from Del. Scott Surovell,...
by admin | Jun 26, 2013 | Fairfax DUI / DWI, Uncategorized
Once You Are Stopped For Suspicion of Driving While Intoxicated. What Happens Next? One of the hard choices a driver often faces when pulled over, no matter what the reason for the stop, is whether to take one or several of the tests for sobriety. It’s a big question and affects a lot of people, since there are almost 1.5 million DWI arrests every year. This also means there’s even more traffic stops just involving suspicion of DWI. Every single state in America has adopted a basic rule, involving a blood alcohol content (or BAC) of 0.08 or higher…that rule is called “illegal per se.” If a driver can be shown to be at that level of drugs in their blood, then they can be more easily convicted of a DWI. You Need An Experienced DWI Attorney While the goal has been to use these tougher rules to decrease drunk driving, it also has caused more innocent people to face unfair prosecution. These facts make it absolutely imperative for anyone facing a DWI charge to work only with an experienced DWI attorney. Option To Refuse To Give Blood Most states specifically allow a driver to refuse to give blood for a BAC test. The cause for this right goes back to 1966, when a police officer in California chased a fleeing suspect in a drunk driving case, and (over the objection of the driver) forced a blood test on them. At the same time, states also then allowed for what is known as an ‘administrative’ suspension of the license for refusing the test. The issue of refusing to take...
by admin | Jun 26, 2013 | Uncategorized
There were a number of legislative issues recently considered in the Commonwealth of Virginia that impact Virginia Criminal Lawyers. Based on the Virginia State Crime Commission’s 2012 Interim Executive Summary of Activities, the focus includes concerns about illegal cigarette trafficking, synthetic marijuana, sex offender registry, crimes against incapacitated people, concealed weapons, and continued oversight of forensic and DNA evidence notification (VA. SCC, 2012).The most recent legislation, published in 2013, addresses SJR 21, 2012, Illegal Cigarette Trafficking; and SJR 348, 2011 Sex Offender Registry Requirements, which was published in 2012, will be reviewed here. Sex Offender Legislation Although Virginia’s sex offender legislation is mostly in accordance with federal statutes, a 2010 review discovered that several aspects of Virginia’s laws did not fully meet compliance requirements: Virginia at the time did not require registration for rape committed by juveniles, sodomy by force, or penetration by sexual object. A study was commissioned to determine if adjustment was needed in the breadth of the Virginia sex offender legislation (SD No. 8, 2012). Illegal Cigarette Trafficking The primary focus with respect to recent legislation was on illegal cigarette trafficking. Trafficking includes additional factors such as health issues, beneficiary (organized crime), methods used, potential containments in counterfeit cigarettes, tax stamps and tax evasion. Illegal cigarette trafficking is reported to yield profits that even surpass black market value of illicit drugs or illegal guns. Recent studies indicate, “Virginia is currently the largest single source of out-of-state, black market cigarettes in New York City” (SD No 5, 2013). Legislative recommendations were made in December of 2012, suggesting that amendments be made to strengthen Virginia Code § 58.1-1017.1(Possession...
