by admin | Jun 30, 2014 | Fairfax DUI / DWI
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...
by admin | May 28, 2014 | Reckless Driving
What is Reckless Driving? Often categorized as driving while displaying a blatant disregard for existing traffic laws, reckless driving in the United States is a serious traffic violation. Individual states may vary on what constitutes reckless driving, and the categorizations in some states make reckless driving more serious than in others. For instance, the state of Georgia describes reckless driving as driving a vehicle in a manner that shows a “reckless disregard for persons or property.” However, laws regarding reckless driving are more serious in Virginia. Virginia Reckless Driving Qualifications Virginia law defines reckless driving as any driving “at a speed or in a manner so as to endanger the life, limb, or property of any person.” This definition means you can be charged with reckless driving even if you are going at or below the posted speed limit. A number of things can constitute reckless driving, including, but not limited to, the following: Driving that is too fast for existing conditions. Passing a school bus that is stopped while driving. Driving with a view that is obstructed. Passing another vehicle at a railroad crossing. Driving faster than 80 mph or more than 20 mph over the listed speed limit. Racing while driving. Failing to properly signal. Virginia Reckless Driving Penalties Depending on the circumstances, reckless driving in Virginia can be classified as a felony or misdemeanor, but is usually classified as a Class I Misdemeanor. Depending on the reckless driving classification, it can also stay on your record for a period of time that is either five or eleven years in length, and it is considered a six...
by admin | May 21, 2014 | Fairfax DUI / DWI
New Law to Lower the BAC Level for Drivers Is Being Considered Recently, the National Transportation Safety Board issued a recommendation to lower the BAC (Blood Alcohol Content) for legal driving from 0.08 to 0.05. This would mean a 160 pound man would only be able to have two drinks in a 90 minute period to stay legally sober, and a 120 pound woman could only consume one drink. The National Transportation Safety Board has found that thousands of people are either injured or killed by drivers who are not legally drunk, but still impaired, spurring this recommendation. Roughly 10,000 people die each year in the United States as a result of alcohol-related crashes. In 2010, it was estimated that over 7,000 deaths could have been prevented if the BAC was below 0.05. The studies found that an individual with 0.05 BAC was 38% more likely to get into a crash as compared to someone with a level of zero, but a person with 0.08 was 169% more likely to be involved in a crash. This would increase the need for a DUI lawyer for many Virginians, and DUI rates would likely go up around the country. However, there is considerable push back against the law, and since it was extremely difficult to get the states to agree to the 0.08 limit in the first place, it’s unlikely a person will need a DUI attorney on speed-dial any time soon. There is already considerable resistance from the alcohol and entertainment industries, as a new law could end up hurting revenues. No matter what the BAC is, getting a DUI...
by admin | Mar 22, 2014 | Possession of Marijuana
On Tuesday, March 4, the D.C. Council voted almost unanimously to significantly ease penalties for marijuana possession. Such decriminalization made the nation’s marijuana laws among the most lenient in the nation. This approved legislation lessens the penalty of possession of an ounce or less of marijuana from a criminal offense with a penalty of six months in jail or a $1,000 fine to a civil offense that carries a $25 fine. The bill also changes the penalties for public consumption of marijuana. Originally the penalty for this offense was a $1,00 fine or six months in jail, but now the legislation lowers the penalty to a $500 fine or 60 days in jail. A councilman suggested that the bill was motivated by the common use of marijuana laws to arrest African-Americans. While progressive, the bill still has ambiguity; for example, police officers cannot arrest after smelling marijuana, but they can arrest if they see marijuana smoke. The legislation now goes to the desk of the D.C....
by admin | Mar 21, 2014 | Shoplifting
An employee of a 7-11 store in Colorado Springs, Colorado is looking for a new job after his employer fired him. According to the former employee he was in the middle of a shift when he noticed two men he believed were stealing from the store. After observing the illegal behavior the worker confronted the men. When they fled the store, the clerk followed them out of the store as he was waiting for police. He was able to catch up with the thieves at which point they attacked him. The assault was enough to require him to get stitches. As a result of his efforts, his company put him on suspension while it investigated the incident. Apparently, workers are not supposed to leave the store or confront shoplifters under those circumstances. After an investigation the clerk was fired for creating an unsafe circumstance by leaving the store and for violating store...
