by admin | Jan 20, 2014 | Fairfax DUI / DWI
Have you been charged with a DWI in Fairfax County? Good news. There are ways you can beat it. It’s vital that you work with an experienced attorney if you want to beat your DWI. That’s because not every defense will apply to your case. In fact, what avoids conviction in one case may lead directly to it in another. Only lawyers who know what they’re doing can navigate the system effectively. That being said, there are five common aspects of your case to consider. The Reason for the Stop To pull you over, a police officer has to have reasonable suspicion. The officer must be able to explain to the judge why you were stopped. A shaky or invalid reason can help your case. Our attorneys are careful to investigate the matter before your court date. They will find out whether the officer’s lack of a reason could help you. The Administration of Field Sobriety Tests After an officer stops you, he or she will probably give you a series of field sobriety tests. There are two reasons for this. First, the tests validate the officer’s decision to stop you. Second, the test results can be used against you at trial. The National Highway Traffic Safety Administration sets down very specific ways in which these tests are to be performed. An improperly administered test could help your case. Also, the judge may say that the arrest was invalid if you performed well on the test but were arrested anyway. The Arrest The arrest procedures that officers use must follow certain regulations. Not every officer follows these correctly. Your...
by admin | Jan 16, 2014 | Possession of Marijuana
In Fairfax County, marijuana possession is a serious issue. A conviction can have consequences that last the rest of your life. Here’s what you should know about possession of marijuana in Fairfax. Fairfax County’s Stance on Marijuana Other places in the U.S. may be changing their views on marijuana. Fairfax County, however, remains as strict as ever. Being caught with even tiny amounts of marijuana will get you into trouble. You might be fined or imprisoned. You will definitely have your license suspended and add a criminal conviction to your record. Clearly Fairfax County takes marijuana possession seriously. Actual vs. Constructive Possession In Virginia, marijuana doesn’t have to be found on your person for you to be charged with possession. Just having marijuana in your home or car is enough. You don’t even have to have to have bought it yourself. This is know as “constructive possession.” You can only be convicted of it if the Commonwealth can prove you knew about the marijuana and exercised control over it. Field vs. Laboratory Tests To convict you of possession in Fairfax, the prosecutor must prove the substance found is really marijuana. Officers are allowed to perform a field test using a special kit. They must prove they used the kit and testify to the results. However, these tests aren’t always accurate. The Commonwealth must tell you if it plans to use field test results in the case against you. You can then request the same substance be tested in a laboratory. Possible Outcomes There are several routes your sentencing could take if you are convicted. First-time offenders are eligible for...
by admin | Dec 11, 2013 | Fairfax DUI / DWI
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by admin | Dec 2, 2013 | Juvenile
It’s a call every parent dreads. On the other end of the phone is a police officer, telling you your child is in custody facing criminal charges. You might feel furious, scared, helpless — or most likely, all three. It may well be your first experience with the justice system. What do you do? Be Familiar with the Process Start by educating yourself. The terms used to describe juvenile cases differ from what you might expect. Adult cases begin with “warrants” or “indictments.” Juvenile cases start with “petitions.” Situations involving adults are called “criminal cases.” When a juvenile is involved, they are known as “delinquency cases.” Children are usually found “delinquent” instead of “guilty.” All juvenile cases in Fairfax are filed with the Juvenile and Domestic Relations District Court. After the petition comes the detention hearing. These are held daily in Fairfax. You’ll be told when your child’s hearing is scheduled. Your child’s trial rights will be explained at the hearing, and a trial date will be set. The issue of custody pending trial will also be addressed. Your child may be released to your care or held in custody at Shelter Care or the Fairfax County Juvenile Detention Center. The former is similar to a group home facility, and the latter is a juvenile version of prison. When your child’s trial date arrives, he or she has several options. Like an adult, your child can plead guilty, not guilty, or nolo contendere (meaning “no contest”). A guilty verdict will result in sentencing. There is more flexibility in juvenile sentencing than you might expect. This is because the court...
by admin | Dec 2, 2013 | Fairfax DUI / DWI
When it comes to driving under the influence, there are a few things most people know. It’s a serious offense in most states. Virginia is no exception. You may have to pay a fine, lose your license, or even go to jail. That’s just part of the picture, though. There are plenty of little-known facts about Virginia’s DUI laws you should be aware of. You can be convicted of a DUI offense with a BAC below 0.08 percent. Many people believe your blood alcohol content (BAC) must be at least 0.08 percent for you to be legally driving under the influence of alcohol in Virginia. However, that’s not exactly true. If your driving abilities are impaired and you exhibit signs of intoxication, you can be charged. The prosecutor does have to prove beyond a doubt that you were under the influence while driving, though. A DUI can earn you a criminal record. Did you know that all DUI offenses in Virginia are reported to the Central Criminal Records Exchange? That means a DUI arrest can result in a criminal record. You can’t refuse a breath or blood test without consequences. Virginia’s Implied Consent Law means that just by using public roads, you are implicitly consenting to breath or blood tests if you are stopped for possible drunk driving. You need not be read your Miranda rights or allowed to talk to a lawyer before a test is performed. Refusing the test may result in a “refusal charge” in addition to the DUI. Your first one is a civil offense, and you’ll lose your license for one year. The penalties...
