by admin | Dec 2, 2013 | Fairfax DUI / DWI
It’s that time of year again. Office parties, gatherings of friends, New Year’s Eve bashes. Of course, those festivities often include a few drinks. If you want to stay safe and out of trouble this holiday season, don’t drink and drive! Virginia is especially tough on drunk drivers. Here’s a recap of Virginia’s driving while intoxicated (DWI) laws. (If you’d like more details, see Fairfax DWI Punishments & Penalties.) Driving While Intoxicated (DWI) In Virginia, the law says you are driving under the influence if your blood alcohol content (BAC) is at least 0.08 percent. The same applies if you drive a moped on public highways. The more intoxicated you are, the harsher the penalties will be. You will at least have to install an ignition interlock device on your vehicle the first time you are convicted of a DWI offense. That’s like having a breathalyzer in your dashboard. You have to exhale into it before you can drive. The car won’t start if your BAC is above the programmed limit. You will also have your license revoked for a year and have to pay a fine. You may face jail time too. You’ll need to complete the Alcohol Safety Action Program to get your license reinstated. Driving with license suspension from a DWI conviction is more serious. For instance, your vehicle can be impounded for up to 90 days if you are caught. Open Containers Driving with an open container in the car is another DWI offense. Doing so can get you charged with drinking while operating a motor vehicle. There are a few conditions that must be...
by admin | Nov 4, 2013 | Juvenile
Possession of alcohol. Reckless driving. DWI. Assault and battery. Shoplifting. Drug possession or distribution. Vandalism. Minors in Fairfax are charged with offenses like these all the time. Teenagers make mistakes, of course. But these charges can have serious and lasting consequences if not handled properly. It doesn’t matter if it’s you facing charges or your son or daughter. Even a small infraction can cause fear and anxiety. Having some idea of what to expect can help calm fears. So can working with an experienced attorney. What happens when a child under the age of 18 is arrested or charged? Juvenile Courts vs. Adult Courts Cases against minors originate in the juvenile court system. It is set up to help and rehabilitate children who have made mistakes, not to punish them. The juvenile system doesn’t use incarceration the way the adult court system does. Instead, it relies on a wide variety of specialized programs and services. The goal of these programs is to reduce the likelihood that a child will commit more offenses down the road. In Fairfax, the Fairfax County Juvenile Court handles these cases. Fairfax is Virginia’s largest county. That means its court offers many programs and services that other, smaller jurisdictions don’t. Minors facing charges in Fairfax have more options. They also have more information they need to understand and more decisions they need to make. A minor who commits a particularly serious offense may be tried in an adult court rather than a juvenile one. This situation should be avoided if at all possible. It is far better for a minor to be tried in juvenile...
by admin | Nov 4, 2013 | Possession of Marijuana
So you’ve been charged with possession of marijuana in Fairfax. You’ve been issued a citation, and you’re scheduled to appear in court. Now what? It’s vital that you know what your rights and options are. If you don’t, you have no way of knowing whether an offer is the best you can get or what the long-term impact will be. Here are the typical options available to someone charged with marijuana possession in Fairfax county. Do the 251 Program If you’ve never been convicted of a drug crime, you’re eligible for a deferred disposition. That means your case is continued for six to twelve months on average. During that time, you’ll have to take classes, do community service, and keep out of trouble. You’ll also lose your license for six months, though some judges will let you get a restricted license. If you meet the requirements, your case will be dismissed. If you don’t, you’ll be convicted. When you go this route, you’ll meet with a program advisor to find out what you’ll need to do. Often the judge will put you in the program without hearing your case as long as you agree to the terms. You can only do the program once, though. You will not be able to take this route again if you have another felony drug charge. The major pro of the 251 program is that you can avoid a criminal charge on your permanent record. That’s very rare in Virginia. If keeping your record clean is worth the time, money, and hassle of the 251 program, it’s a good option for you. Hire...
by admin | Oct 8, 2013 | Fairfax DUI / DWI
You’ve been out with friends for the evening and have had a few drinks. You’re now on your way home when you get stopped by the police who charge you with Driving While Intoxicated (DWI). What happens now and what can you do? Each case is unique so it is very important that you contact an experienced Virginia DWI lawyer as soon as possible. Your lawyer will be able to explain the law and its penalties to you. They’ll also tell you what your options are. They will guide you through the mazes of the legal system so that you can be sure your rights are not violated. It is a very challenging task for the Commonwealth of Virginia to prove that someone was over the legal limit while they were driving. There are several things that you and your lawyer can do to fight the charge. One of the things you can do in your defense is to dispute the stop in the first place. When the police officer stops you, they must have a lawful reason for doing so. If they can’t prove that their reason was valid, the case against you could be dismissed. After the police stop you, they must have enough evidence to justify their claim that you were probably drunk before they placed you under arrest. If they can’t show that they had enough evidence to prove it, then the case might very well be dismissed. Once you’re out of your car, the police officer will normally carry out several field sobriety tests. They do this to see just how much your ability...
by admin | Oct 8, 2013 | Fairfax DUI / DWI
If the unthinkable happens and you find yourself in need of expert legal help who can you call? Regardless of what one is charged with, you definitely want a Virginia defense attorney who is an expert in the law. You want someone who has a reputation for being one of the best. A name that definitely comes to mind is Faraji A. Rosenthall of Fairfax, Virginia. He’s been trying cases in the Fairfax County Courthouse for nearly 10 years. After graduating from Georgetown University Law School in 2004 he was appointed as an Assistant Commonwealth’s Attorney in Fairfax County. He has handled thousands of cases ranging from DWIs to reckless driving to serious felonies. During that time he gained valuable knowledge about the inner workings of the criminal justice system. After clerking for a Fairfax County Circuit Court judge, Mr. Rosenthall left the Commonwealth’s Attorney’s Office and started his own firm in 2009. Since then he has helped hundreds of people with their legal problems. If you find yourself being charged with a crime the first thing you need to do is hire a good defense attorney. You want to have the best you can afford. You want someone who has the skills needed to get the best results for you. Even if you know you’re guilty for the crime you’re being charged with, you still need to have a lawyer who can help you get the best results for your case. They will explain your rights to you so that you are made aware of all the options you have. The last thing you want to do is...
