by admin | Feb 20, 2014 | Domestic Violence
A proposed bill to increase the punishment imposed upon a conviction for domestic violence and stalking in Virginia has been stopped in its tracks. Senate Bill 510 was sponsored by a Democratic senator from Arlington. The sponsor viewed the bill as a protection against future violence by individuals who had been convicted of a misdemeanor charge. Under the proposed legislation, anyone convicted of a domestic violence or stalking charge in Virginia would be prohibited from possessing a firearm for 5 years. At the conclusion of that 5 year period their rights would be restored automatically. As it stands now, convicted Felons already lose their rights to possess a firearm. There has been a push in the last few years to expand the prohibition to some misdemeanor charges. Under the proposed legislation, a person possessing a firearm within that 5 year period would be subject to a class 1 misdemeanor, a 12 month jail sentence and/or a fine of up to $2500. The bill died in committed, however members agreed to ask the Virginia State Crime Commission to study the issue and the bill’s...
by admin | Feb 20, 2014 | Reckless Driving
In November 2012, news anchor Amanda Davis of the station WAGA, Fox 5 in Atlanta was charged with DWI and reckless Driving. She was arrested after her vehicle crashed into another vehicle in the opposite lanes of travel. Ms. Davis had been with the station for 26 years, but was suspended and later retired from broadcasting after her arrest. At trial the judge dismissed both the DWI charge and the Reckless Driving charge. She was however, found guilty of a failure to maintain lane charge. That charge is a simple traffic infraction and only carries a fine of...
by admin | Feb 19, 2014 | Reckless Driving
For many years, police throughout Virginia had ticketed drivers for reckless driving if they observed them texting while driving. However, in 2013 the Virginia legislature enacted a new driving while texting law. Under the law, texting while driving was a separate traffic infraction, punishable by a $125 fine for the first offense. It was also changed to be a primary offense, meaning officers could stop a vehicle solely on suspicion of texting while driving. The Virginia pilot newspaper talked to the Virginia DMV and was able to learn that in the six months since the statute was enacted a total of 725 individuals had been convicted under the new law. That number reflects convictions not total tickets. (under the law, guilt may be difficult to prove. The police have the burden of showing that you were actually texting. Using a GPS or starting a phone call are not illegal. Many cases may have been found not guilty or had the charges reduced.) Of the 725 tickets across the Commonwealth, 168 were in Fairfax County. According to a spokesman from the Fairafx County Police who spoke to the newspaper, Fairfax Police were responsible for 83 of those convictions. The remaining convictions were likely tickets written by other law enforcement officials throughout the County. These would include Airport Authority police, George Mason police, as well as the police in towns like Herndon, Vienna and Fairfax City. The spokesman did mention that the law doesn’t make it illegal to hold a cell phone and that it is often difficult for officer’s to determine whether someone is using the phone to text or...
by admin | Feb 19, 2014 | Misdemeanor
SB 65, was approved by the Virginia State Senate by a vote of 29-6. The bill makes celebratory gunfire that results in death a felony punishable by a prison sentence of up to ten years. The bill was created in response to the tragic death of 7 year old Brendon Mackey last fourth of July. Police believe the child was killed when someone fired shots into the air to celebrate the Fourth of July. The bill would allow for individuals who fire into the air and only injure, but don’t kill, the victim to be punished by 5 years in prison. The senate also approved bills that would limit the rights of individuals convicted of domestic violence, stalking, sexual battery and/or domestic violence to lose their rights to possess a firearm for 5 years. The bills will now receive additional scrutiny and debate in the full...
by admin | Feb 18, 2014 | Drug Charges
In November of last year, Federal drug agents raided multiple drug dispensaries and legal grow operations. This came even after the state legalized the use of marijuana for recreational purposes. Agents suspected that cartels were using the front of legitimate businesses to make money illegally. The agents told the local news that the raids were part of an investigation into alleged Columbian cartel members operating in Colorado. A major issue is that while Marijuana is legal in Colorado, it is still illegal in the vast majority of other states. This presents Cartels with an excellent opportunity to operate inside the United States with protection from police and then send their crops to states where the drug remains illegal. Any cartel activity in Colorado can be a problem for law enforcement in other...
