by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Handle a First-Time Criminal Charge Is this your first time being charged with a crime? Is there anything you can do to ease the stress and win the case? Read tips here. Are you suspected of being involved in a criminal offense? What lies ahead is intimidatingfor most first-timers in the criminal justice system, and many will have questions like: Are there alternatives to jail time, and can I continue to work? Does an arrest automatically mean that I’m guilty; or can I fight charges? Is going to court mandatory, or can I quietly accept a plea bargain? What am I up against? Jail time, fines, job loss? What’s the timeline to get over the case? Will an arrest become public knowledge among friends, family or foes? Will this stay on my record indefinitely? These are all good questions, and there’s no correct answer – as each case is different. Still, there are steps defendants can take to influence a better outcome – but let’s firsttake a look at what it means to have a criminal charge: Handling the Criminal Charge Experts advise on acquainting first-timers with the following: The Consequences of the Offense – review Virginia criminal codes for the minimum mandatory sentencing of the related crime. As an illustration: A DWI charge may result in license suspension for up to one year if it’s your first offense. Failing to observe the rules may result in even greater penalties. The Court Date – missing an initial court appearance can leave you facing additional criminal charges, including being in contempt of court or failure...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How to Get Reckless Driving Ticket Reduced If you’ve received a summons to appear in a Fairfax County court due to reckless driving, what’s next? The next plan of action is to appear on the summoned date. Why do you need to go to court vs. pay fines online or with the DMV? This is because reckless driving is considered a misdemeanor. The behavior essentially endangers the life, limb and property of others, and as a result – Virginia proceeds with a heavy-handed approach. Others states outline similar penalties, and here’s what you need to know: Common Penalties The cost for this offense, if found guilty, can go up to $2,500. It will also cost you 6 points from your driver’s license, and may even lead to license suspension for up to 6 months. While the most severe of these penalties are reserved for the most egregious violations, they are in play if you were going in excess of 100 miles per hour or have a very bad driving record. (Although even in those circumstances the fines are usually much lower.) The Basis of Penalties The sentence handed to drivers is largely based on the discretion of the judge. Nevertheless, there are a plethora of actions you can take now, which could help to shift the judge’s orders in your favor, including: Print Your Driving Record – if this is your first offense, and you can show that this was simply a moment of “slight indiscretion”, charges may be reduced or dismissed. A clean driving record depicts drivers as being generally responsible. Get A Criminal Defense Attorney –reckless driving...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges, Possession of Marijuana
How to Get Fast Defense When You’ve Been Wrongly Accused of Drug Possession Many people are wrongly accused of drug possession. So how can you fight charges, when you were found with drugs in-person and are innocent? Here are some top tips for getting the fastest defense: Exercise Your Right to Remain Silent – whatever you say can be used against you. It’s never advisable to talk to the police alone. Hire an Attorney – your legal counselor will advise you on the best course to take after your arrest, and also investigate the so-called evidence to clear your name. Get a Court Date – have your day in court by not pleading guilty and proving your innocence. What Is Drug Possession? This happens when someone is found in possession, or has control of illegal substances like heroin, marijuana, cocaine and other drugs.Penalties vary based on the quantity and the type of drugs you were found with. Top Defenses for Drug Possession Holding narcotics on-hand may seem blatantly obvious that you’re a drug pusher or user, but everything isn’t always what it seems. Here are some of the top defenses. You Were Setup – did someone plant the illegal substance in you clothing, travel luggage, or some other area you owned or controlled? Drugs Belonged to Someone Else – supposing a friend accidentally left an illegal substance in your car? If you happen to get pulled over by law enforcement, how can you prove innocence? The best answer is to seek legal representation. Police Entrapment – were you coerced by law enforcement to be a part of an...
by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
How to Fight a Traffic Ticket in Fairfax County If you’ve ever experienced Fairfax traffic court, you know just how heavy-handed the justice system can be. If you’re charged with reckless driving by speeding for instance, you won’t get the opportunity to take a driver’s course in lieu of conviction, as is the case with other jurisdictions in Virginia. Traffic misdemeanors are also heavily penalized including driving without a license or on a suspended one. You could also end up with a criminal record for fleeing the scene of an accident, or altering tags. There is hope however, for both simple traffic infractions What about Simple Traffic Infractions? If you have a simple traffic infraction that’s not criminal, should you go to court? Is it worth fighting for? This depends on several factors including whether you can afford points, higher insurance, or a bad driving record. Top Facts Regarding Traffic Tickets in Fairfax County Upon issuance of a simple traffic ticket you will usually have 30 days to pay. Fines in Virginia can be paid online or through the county clerk. For criminal traffic offenses like those discussed earlier, you will need to attend court. If you hire a lawyer, he or she can attend trial on your behalf in some circumstances. If a simple traffic ticket or civil infraction isn’t paid, the consequences can include a driver’s license suspension and added late fees. Alternately, drivers can opt to attend court and see how it all plays out, whether they’re pleading guilty or innocent. A traffic lawyer can also help to negotiate on the driver’s behalf to fight for...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How to Fight a Reckless Driving Ticket in Fairfax What Constitutes Reckless Driving? According to the law, this involves two things: Manner – operating vehicles in a way that could possibly cause bodily harm to individuals, or property. Speed – exceeding the posted speed limits by over 20 MPH or going over 80 MPH regardless of the speed limit. These definitions are applicable to the state of Virginia. There are several other reasons an officer can cite you for reckless driving, including but not limited to: not using proper signals; ignoring a school bus stop; running a red light; driving too closely; speeding – or driving with wanton disregard. Reasons to Fight When most people get a traffic ticket, their first instinct would be to pay the fines rather than endure a day in court. While reckless driving, and a ticket without an arrest, may all seem like a simple traffic infraction, it’s may not be and the consequences may be more significant than initially appears. Turning a blind eye to a reckless driving ticket isn’t recommended. The fines may be significant, but the biggest issue is potentially substantial increases in insurance. . Jail time and a suspended license is also a possibility if there are extenuating circumstances. Nevertheless, if this is your first offense, and you have a fairly clean driving record, there is some possibility of having the charges either dismissed or reduced. One option is an improper driving charge, which is a civil infraction – rather than a crime. Other Reason to Fight In addition to the penalties outlined above, there may be added costs if...
