by Faraji Rosenthall | Jan 26, 2016 | Criminal Law, Shoplifting
Have You Been Accused of Theft? Being convicted of a theft charge can change your life forever, and not for the best. Once convicted, and sometimes if you were simply charged but not convicted, you may not be able to get certain jobs nor be put in any form of fiduciary positions. These charges tend to last throughout your lifetime, unless you have gotten your record expunged or sealed. Though it may seem like the only people convicted of theft charges are those considered to be poor, those who have means also can be convicted of theft charges. For instance, in recent news, a Judge in New Mexico and a high school bookkeeper in Wisconsin were charged and convicted of embezzlement. It can happen to anyone at any time. However, if you lack the requisite intent, you may be able to dodge a theft conviction. If you or a loved one have been charged with theft, contact an experienced Virginia theft charge attorney to consult about your case. Different Forms of Theft Charges in Virginia In Virginia, all theft and theft-related crimes are considered larceny. Though there is not an exact definition for larceny, larceny is, essentially, unlawfully taking property of another with the intent to permanently deprive that person of their property. Larceny in Virginia comes in many forms: Larceny of certain animals and poultry; Larceny of bank notes and checks; Concealing or taking possession of merchandise; Receiving stolen goods; Embezzlement: Embezzlement is considered the wrongful taking of money or valuable property that took place while the offender was entrusted with someone else’s property. Shoplifting is committed...
by Faraji Rosenthall | Jan 26, 2016 | Uncategorized
Are You in Jeopardy of Mandatory Minimum Sentencing? Mandatory minimum sentencing has been a controversial topic for decades. It is often argued that mandatory minimum laws affect minority communities at a far greater rate than other communities and have increased the federal prison population significantly. For instance, crack cocaine is considered a “black” drug, and statistics show that African Americans are punished 18 times more than those who are convicted of powder cocaine. Though there are several reasons you may be subjected to a mandatory minimum sentencing, often times mandatory minimum laws are associated with drug crimes. However, it is now being argued that mandatory minimum sentencing leads to mass incarceration and has created a criminal justice system that is broken. If you or a loved one have been convicted of a crime that subjects you to a mandatory minimum sentence contact an experienced Virginia mandatory minimum sentencing attorney to fight for your rights. Virginia’s Mandatory Minimum Sentencing Laws A mandatory minimum sentence is for those who have been convicted of certain crimes that must be punished with at least a minimum number of years in prison. These crimes typically involve firearms, drug crimes, drinking and driving charges, sex crimes, and assault. Though most mandatory minimum sentencing consists of felonies, some misdemeanors can also subject you to mandatory minimum sentencing. According to Virginia Code 18.2-12.1 the court shall impose the entire term of confinement, the full amount of a fine, and community service and is not allowed to suspend in full or in part the punishment described as mandatory minimum punishment. In Virginia, there are over 80 different crimes...
by Faraji Rosenthall | Jan 26, 2016 | Traffic Charges
Can I Face Criminal Penalties for a Hit and Run? We are human beings and because of this we are not perfect all of the time. However, because we are human, whenever we are in the wrong, one of two things tends to happen: We accept whatever consequences come from our actions or we flee from the harm that our actions have caused. Facing the consequences is admirable, but fleeing the scene of an incident can have huge consequences. This is especially true when there is a hit and run accident. If you or a loved one have been charged with a hit and run you should contact an experienced Virginia hit and run attorney to look into your case. What is a Hit and Run? A hit and run is a car accident with either an object, another car, or a pedestrian, in which the driver intentionally leaves the scene without leaving proper contact information. When there is a hit and run, the crime is committed as soon as you leave the scene of an accident that you have caused without following proper protocol. What are the Consequences of a Hit and Run? In Virginia, it is illegal to leave an accident without following the proper protocol set out in Virginia’s laws. Generally, whenever you are involved in a car accident, you are required to wait at the scene until the police arrive and investigate. Virginia Code Section 46.2-894 states that if a driver is involved in an accident with an injured person, or damaged property, the driver is required to stop and report his or her name,...
by Faraji Rosenthall | Jan 26, 2016 | Fairfax DUI / DWI
DUIs During the Holidays Most people cannot wait for the holidays to come around. Holidays are usually connected to friends, family, parties, and fun. Though every day may be important to you, there are certain holidays that require a good time with family and friends, like Independence Day, Memorial Day, Thanksgiving, and New Year’s Eve. Enjoying yourself with family and friends may be important during this holiday, but it is best to be wise while celebrating. Though you may decide to indulge in a drink, be sure to make it minimal because law enforcement will be looking for drunk drivers. If you or a loved one have been charged with a DUI, contact an experienced Virginia DUI attorney to seek legal advice. How Do the Holidays Effect DUIs? During the holidays there are many parties and other social gatherings. These times are fun filled, but can often lead to driving while intoxicated. In Virginia, DUIs are considered driving under the influence. Between the months of November and January, law enforcement is increased to protect other drivers on the road from drunk drivers. Virginia has a Checkpoint Strikeforce campaign, and during this time more people are pulled over and arrested for drunk driving than any other time during the year. The number of accidents and deaths tends to increase drastically during this time, as well. During the Thanksgiving holiday weekend, 145 people were arrested for DUIs, which is 54 more than last year, with the numbers steadily increasing. During Christmas and New Year’s the number of accidents and deaths is expected to rise by 12% with New Year’s Eve continuously...
by Faraji Rosenthall | Jan 26, 2016 | Juvenile
Can a Juvenile Be Charged as an Adult? Your kids are everything to you. Even when they disobey you and get into trouble, they are still your kids and you will do anything for them. Though you love them and will give them as many chances as necessary to get things right, the criminal justice system is not as considerate. What happens when your minor child get into trouble with the law? Will the criminal justice system treat them as a child or will the criminal justice system see them as an adult? If your loved one has been charged with a crime that could have them charged as an adult, it is important to contact an experienced Virginia juvenile defense attorney to fight for your child’s rights. When Can a Juvenile Be Charged as an Adult in Virginia? In Virginia the age for criminal accountability is 18, and anyone less than 18 years of age is defined as a juvenile. However, depending on the crime that the juvenile has been charged with, those who are 14 years of age and older and are competent to stand trial can be transferred to adult court. When determining whether a juvenile case should be transferred to the adult court, the court will look at whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner. If a juvenile has been charged with a felony such as capital murder, first degree murder, lynching, or aggravated malicious wounding, then a transfer to adult court is mandatory. In contrast, though transfers are mandatory, written notice that the case is being transferred...
