by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Dismissed charges still appear on your criminal record Individuals will often call my office days, weeks or even months after their case has been resolved. Sometimes they had another lawyer or represented themselves and they want to know what impact the old case will have on their criminal record. First and foremost it is important to recognize that what most people are referring to is actually the NCIC. That stands for National Crime Information Center. It is the agency under the FBI that is responsible for tracking crime and arrests. When the police want to determine if you have committed a crime in the past, they look to your NCIC. When you are applying for a job or to school/university, they may or may not have access to the NCIC. There are other places that will keep track of your court cases. The DMV and obviously the court system, are just two of the other places that will maintain information about your past charges. That much said, lets say that you have applied for a job and were turned down because of a previous arrest. You know want to try to get that arrest off your record so that other jobs won’t see it during the application process. Virginia is unfortunately very strict about what can be taken off the books. Otherwise referred to as expunging your record, if approved your charge will be removed and all records of the arrest will be destroyed. Under Virginia law, only certain people are eligible for expungment. You are only eligible if the charge against you was dismissed or you were otherwise...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How To Prove You Weren’t Driving Recklessly False accusations of reckless driving are quite common in Fairfax County, especially when there are usually no other witnesses to the crime. So just how can you fight these false allegations? Let’s first take a look at what reckless driving is: Reckless Driving Defined Reckless driving is considered to be driving with wanton disregard for life, limb or property, according to most legal definitions. The most common examples of reckless driving entail speeding, disobeying traffic signals, racing, or failure to comply with common rules like coming to a halt at a school bus stop. In the state of Virginia, there are literally dozens of ways a reckless driving offense can play out. The Catch If a police officer catches someone in the act of reckless driving, the consequences are dire. For one, it’s a crime and not a simple traffic infraction alone. If found guilty, this conviction can stay on your criminal record indefinitely, with no chance of an expungement (based on Virginia Laws). How does this crime differ from others in terms of penalties? Even though jail time is a possibility, it’s typically not a part of the sentencing unless there are aggravating circumstances – such as past offenses or injury to others. The fines are anywhere up to $2500 (although they are typically much lower than that), and there’s some possibility of a six-month license suspension for first offenders. Again, this is only applicable for particularly egregious cases. Challenging the Evidence& Proving Innocence Take for instance you were written up by a cop for speeding 20 MPH over the posted...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Know if You Need a Lawyer for A criminal case in Fairfax County Unless you are absolutely sure of what can happen in court you should at a minimum discuss your case with an attorney. Attorneys across Virginia get calls frequently from people who went to court by themselves, assumed how the law worked and then are stunned when things aren’t as they imagined. Many people overstate the potential problems that may occur, but it is important to know that in Virginia ALL CRIMINAL CASES STAY ON YOUR RECORD FOR LIFE. EXPUNGMENTS OR HAVING YOUR RECORDS SEALED OR CLEANED ARE ONLY POSSIBLE IF YOU ARE FOUND NOT GUILTY OR IF THE GOVERNMENT DROPS THE CASE. IF YOU ARE FOUND GUILTY YOU WILL ALWAYS HAVE A RECORD. IF YOU PLEAD NO CONTEST YOU WILL ALWAYS HAVE A RECORD. IF YOU AGREE TO HAVE YOUR CASE DISMISSED AFTER COMMUNITY SERVICE AND CLASSES YOU WILL ALWAYS HAVE A RECORD OF THE ARREST. It cannot be stressed enough how important it is to make sure that you understand the consequences so that you can make a educated decision on whether you need a lawyer or not. So if you were just charged with a minor shoplifting and the judge said you would just get a fine, that fine is usually not the biggest issue. The much bigger issue is that when you call a lawyer in 3, 5, or 20 years and mention that you can’t get a job that has a background check, that lawyer is going to tell you there is nothing they can do to help. That is...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
DO YOU NEED A CRIMINAL DEFENSE LAWYER FOR ____________________? One of the most commonly asked questions on websites is “I am charged with ______________, do I need to hire a criminal lawyer. First and foremost, you should always consider the source when you are asking a question. Many people ask this sort of question on attorney websites or forums staffed by attorneys. Obviously those lawyers are answering those questions with the hope of gaining clients so you should take that information with a grain of salt. Even reading, my website you should do independent research to confirm what is accurate. Everyone has some biases. That much being said the answer to whether you need a lawyer usually depends on a number of factors, many of which only you would know. For example, do you not have the funds to hire a lawyer? I understand that many people prioritize a lot of things over having a lawyer. But if your freedom is at stake, there are few things that should be more important than getting the best representation possible. I have seen a number of times where someone assumed that their case would go well and in order to save a few bucks ended up spending days behind bars. I imagine that left to make that decision again, they would prefer to max out their credit cards or suffer some other consequence than going to jail. So the first thing you need to do to determine if you need a lawyer is to determine the consequences that you are realistically facing. The first thing you should do is to look...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
How to Handle a Pending Juvenile Theft Case in Fairfax County If your child has been arrested for theft or shoplifting, you can expect that: The case will be handled in the juvenile justice system as opposed to the criminal courts. Your childmay be labeled a delinquent if found guilty of theft. What Is Theft? Theft is the intentional stealing of goods or services belonging to someone else. Petit theft is larceny of goods valued under $200, while grand theft is deprivation of goods or services over this amount. Why A Juvenile Justice System? Minors are processed in the juvenile justice system when misdemeanor charges arise. This happens because minors are largely considered to be incapable of making rational or calculated decisions on their own. Additionally, the system is designed to be focused on rehabilitation, rather than incarceration. There are substantially more punishment options available for juveniles than for adults. There is also a heightened focus on not creating a permanent record that may have implications in the future. Who Are Juveniles? What’s the age of a juvenile, you may ask? This is anyone between the ages of 6 and 18 years old. Alternatively, some minors over the age of 14, who have also committed certain felonies may be tried as adults. This is fairly rare and will only take place amongst the most violent offenders who are accused of particularly dangerous crimes. Also a 17 year old will be more likely to be tried as an adult than a 14 year old. How to Handle False Allegations An accusation of theft doesn’t always have to play out in...
