by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Negotiating With the Prosecutor Before Court Is it possible to skip trial and bargain with the prosecutor instead? Learn about the court processes in Fairfax County, Virginia. When you’re arrested for a crime, negotiations can be beneficial for several reasons. For one: you won’t have to endure a lengthy trial; and two: you’ll know the sentence before accepting the deal. Tips When Negotiating Types of Negotiations: There are several negotiations that can take place including, but not limited to: Defendants are usually able to plead to a less serious offense. Example, a DUI can be bargained down to a reckless driving offense. In other cases, some charges may be wiped off the table in exchange for pleading guilty to a specific one. An attorney can strike a deal with the prosecution to prevent certain inconveniences like jail time or license suspension, in exchange for other sentencing. Timelines for Negotiations – when it comes to plea bargains, this can usually happen at any given time before your trial actually starts. In Fairfax, this often happens in the morning just before your court case is called. Negotiations Don’t Always Go Your Way – it’s important that defendants approach deals with an open mind. While these may seem like an opportunity to get a better outcome, all the pros and cons must be weighed thoroughly. Pleading guilty to a crime for instance, will remain indefinitely on your criminal record; and you will also need to comply with the terms of the plea deal. You cannot force the Prosecutor to give you a favorable deal. However, you always retain...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
Learn To Handle Juvenile Processes for Your Child What happens to your child if they get in trouble with the law in Fairfax County? Read more details here. Criminal acts that are committed by minors are called offenses. When these occur, minors will attend juvenile court, and once found delinquent, there are several assignments that will occur: The Court The Counselor The Treatment A Brief Guide for Parents of Delinquents Has your child been involved in delinquent activity? Here’s what you need to know to make the process go smoother – for both yourself and your child: A Court Counselor Will Be Assigned – while this counselor may seem like they’re sitting on the fence between the court and your child, their role is to ensure that your child abides by the terms of their probation; as well as mitigate any risk your childposes to the general public. Avoid Repeat Offenses – A re-offense can cause serious consequences. Speak to your child about the ripple effects of echoing the same offense, whether this is vandalism, theft, robbery, or other common juvenile delinquencies. Participate in Community Service – to meet the terms of the probation. Many community service programs teach minors about ways to resist delinquent temptations, practice self-control, and they generally aim to rehabilitate youth. Obeying the Rules – It’s important for juveniles to maintain good behavior, as any activity that’s deemed a threat to society will likely result in detainment. Examples include running away; committing a new offense; or not meeting court appearances. Other Ways to Help Alternatives to Confinement – a lawyer can intervene to plea bargain...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
Juvenile Drug Convictions Virginia law recognizes that some youth offenses are not necessarily predictors of future behavior. The policy in Virginia law is to try and rehabilitate adolescent offenders as opposed to punishing them. However, drug charges are always taken seriously and even drug charges against minor can have high stakes. In Fairfax County Virginia, a minor is anyone under the age of 17. If a juvenile is above the age of 14, he or she can be tried and convicted as an adult for felony offenses. Procedurally, the cases play out in the following way. The case will be brought to the Juvenile and Domestic Relations Court to determine if there is probable cause for the offense. The Commonwealth’s Attorney can request that the case be transferred to the Circuit Court to be tried as an adult charge. The next step will be a transfer hearing, and the J&DR judge will be tasked with determining whether it would be best to keep the child in J&DR or allow the case to be tried in Circuit Court. There is also a rule that allows the Commonwealth to automatically transfer a case to the Circuit Court after giving notice. However, this rule only applies in drug cases when the juvenile has been convicted of two prior drug distribution offenses committed while over the age of 14. Is It Better for the Juvenile to Remain in J&DR? It is usually much better to try and keep a case in the J&DR courts. J&DR court judges have much better options for the disposition of a juvenile defendant then Circuit Courts. However, the...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges
Is Community Service An Option For Drug Charges In Fairfax County? One common question that drug offenders have is if there any alternatives to jail time. The answer to this question rests upon the circumstances of the case. According to Virginia laws, first time and non-violent drug offenders may be eligible for community service and/or probation as an alternative to jail. The stipulations furthermore outline the following: Payments – offenders will be responsible for the cost of drug tests, assessments and overall treatments. Education – offenders must fully complete the courses outlined in the drug treatment program. A validation is typically issued by the treatment center. Employment – a fair effort must be maintained on the defendant’s part to be gainfully employed. Community Service – 24 hours must be completed for misdemeanor convictions, while felony offenses require 100 hours of community service. Failure to abide by these terms will usually result in a finding of guilt. Common Types of Drug Charges in Fairfax Fairfax County is a popular place for drug-related arrests. Nevertheless, an arrest doesn’t have to lead to a conviction. Common charges include simple possession of marijuana, possession of drug paraphernalia, as well as sales and distribution of narcotics, which is more serious than simple possession alone. Sentencing or charges are usually determined by two factors in drug and bust cases: The Type of Drugs – each drug will have different schedules outlined by the United States Controlled Substances Act. The schedule is based on the level of addictiveness and abuse. Common examples of illegal drug use and possession include cocaine, heroin and opioids. Marijuana possession is...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
I Think the Judge Got it Wrong, What Can I Do? Everyone makes mistakes, and that includes judges. When you believe the judge has made a wrong decision in your case, you can usually appeal and have the case re-examined by a new judge or even a panel of judges. However, there are strict deadlines and procedures that you must follow in order for your case to be reviewed on appeal. Failure to follow these procedures will usually mean that you are stuck with the verdict below. The procedures vary depending on the kind of appeal. This is an area where you certainly should speak with an attorney to make sure your appeal is properly made. When Can I Appeal from the General District or Juvenile and Domestic Relations Courts A case from General District Court, usually known as GDC, or Juvenile & Domestic Relations Court, or J&DR, can be appealed to the Circuit Court of the jurisdiction in which the court appealed from is sitting. GDC and J&DR are courts “not of record” in Virginia. They are so termed because there is no record made of court proceedings as the case progresses. What this means for defendants is that when they appeal to Circuit Court, they are entitled to an entirely fresh look at their case. The Circuit Court judge will host a new trial and the appeal is often said to give the defendant “a second bite at the apple.” The defendant is also usually entitled to a jury trial in the Circuit Court, something they are never allowed in the non-record courts. However, there are some...
