by admin | Mar 20, 2014 | Juvenile
Juveniles who are set to serve life sentences with life parole (for non-homicidal crimes only) may not be able to take advantage of SB142 until 2015. The bill allows juveniles in this situation to appeal for a shorter sentence. This appeal will only take in effect after an individual has either served 20 years or turned 35 years old. The decision to move the vote for SB142 came from the House Criminal Law Subcommittee. This turn of events did not come as a surprise to many, as the bill is relevant to serious crime ranging from assault to rape. The choice to put the bill on the back burner was expected. Sen. Dave Marsden of D-Fairfax, the bill’s patron, mentioned that talks regarding SB142 are complex. On the contrary, SB142 would help individuals such as Travion Blount. The man took part in an armed robbery when he was 15. During the crime, no one was physically hurt. The other participants were given a 10 and 13 years sentence. Blount received six life terms plus 118 years. Because of this, Blount’s appeal to the federal court regarding this matter is currently...
by admin | Mar 18, 2014 | Fairfax DUI / DWI
In late February, Amanda Bynes plead no contest to a charge of alcohol-related reckless driving and the more serious DUI charge was dropped. A “wet reckless” charge is the lowest charge prosecutors can seek in a DUI case. In exchange for her plea, Bynes must serve three years of probation, attend an alcohol education course, and pay a fine. Bynes was charged with a DUI in June 2012 after she allegedly sideswiped a police cruiser in her attempts to pass it in West Hollywood at 3 a.m. Her DUI case was delayed while a doctor reported to the court about Bynes’ mental condition and a judge ultimately found her competent to stand...
by admin | Mar 14, 2014 | Domestic Violence
Are you facing assault charges in Virginia? Here are some things you should know. What Is Assault? Assault is the intention to engage in harmful or offensive contact with another person. Generally, words alone aren’t enough to support an assault charge. There needs to be a threatening physical action present as well. You can be charged with assault without touching the other person, though. Making physical contact that harms the other person is actually battery. What Are the Penalties? In Virginia, simple assault is a Class 1 misdemeanor. That means it carries up to a year in jail and $2,500 in fines. Assault is also considered a violent crime. A conviction stays on your permanent record for life. Many kinds of assault have even heavier penalties. For example, hate crimes carry a 30-day minimum jail term. They may also be considered a felony. Another case is assaulting someone you know is an emergency or public safety official while they are doing their job. That’s a Class 6 felony. It comes with a mandatory minimum jail sentence of six months. Can an Assault Charge Be Defended? There are several common defenses for an assault charge. One is self-defense. You have the right to protect and defend yourself if someone else acts aggressively. Another option is the intent behind your actions. Assault can’t be an accident. You have to do it on purpose. Which approach will work best depends on the specifics of the case. Do I Need to Hire a Lawyer? Assault cases are usually very complex. Police officers typically bring criminal charges. However, assault charges can be different in...
by admin | Mar 12, 2014 | Fairfax DUI / DWI
In Virginia, it’s legal for law enforcement to set up DWI checkpoints as long as officers follow a particular set of rules. They’re hoping drunk drivers will come to them instead of the other way around. How should you handle a DWI checkpoint? Here are some of our best tips for what to do if you find yourself approaching one. Don’t Avoid the Checkpoint It’s tempting to veer off onto a side street when you see a checkpoint ahead, even if you’re sober and just want to avoid the hassle. Unfortunately, the cops know all about that temptation. They’ll often stake out side streets and pull you over if you try to go around the official checkpoint. It’s safer to keep going. Since officers are only allowed to check every four or five cars, there’s a fair chance you won’t be stopped anyway. Act Normal It might be common sense, but it’s also true. The less suspicious you act, the less reason a police officer will have to suspect you. Don’t stop suddenly or turn around. Don’t act like you have something to hide. Stay calm and keep going. Cooperate If you are randomly stopped, cooperate with the officer conducting your check. Provide your driver’s license, registration, and proof of insurance. If you’re sober, you have nothing to worry about. If you’re not, strange behavior will only tip the officer off to your condition. What if the officer asks you to step out of your car? If it’s phrased as an order, it’s a good idea to do as you’re told. If it’s phrased as a request, you can...
by admin | Mar 10, 2014 | Fairfax DUI / DWI
You’ve heard the warnings: “Don’t drink and drive.” Have you ever really thought about what could happen if you ignore them? Is a little legal trouble the worst thing you could face? 10 Years In a Coma From DWI Accident Tom Mabe took the saying “friends don’t let friends drive drunk” to an entirely new level to teach his friend Dennis a powerful lesson. Dennis had been convicted of five previous DUIs. Mabe needed a way to reach his friend and hopefully get him to change his ways. When Dennis was passed out in his truck after a night out drinking, Mabe set up a spare room to look like a hospital, complete with monitors, a hospital bed, and a TV on the wall in the usual spot. He transported Dennis to the room, tucked him into bed, and then waited for him to wake up. Mabe thought of everything. He hired someone to play the nurse who was there when Dennis woke up. He even recorded some highly entertaining news clips for Dennis to watch while he waited for the doctor. That’s not all, though. Mabe decided the story they’d tell Dennis was that he’d been driving drunk ten years ago, had been in an accident, and had spent the intervening decade in a coma. The prank was elaborate enough that Dennis was clearly confused and upset. He kept asking about his daughter and when he could see her. Mabe eventually entered the room dressed as a doctor. He revealed his identity to his friend by slapping him hard in the face. Dennis was clearly relieved and even...
