by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Avoid Jail Time with Alternative Sentencing Options Do you fear that your freedom is on the line due to an impending court trial? Are you apprehensive about jail time and are wondering how to pilot through lost wages while doing time? If you’ve just been charged with a criminal offense such as domestic violence, driving under the influence, petty theft, possession of drugs, or some other misdemeanor offense, are there alternatives to jail time? The answer is maybe – depending on the details of the case. A lawyer can work toward getting the lowest sentencing possible; dismissing the charges; or, keeping you out of jail so that you can continue with life. Here are some of the top alternative options to jail: Probation – has its own set of rules in each case. The offender will need to meet all the prerequisites, like not committing new or repeat offenses during probation. Offenders will also need to report to the assigned probation officer periodically, and remain within state lines. Electronic Monitoring – in many cases offenders can carry on with their daily lives by wearing an ankle bracelet. Offenders will be restricted when travelling outside their homes, in that they can only travel to work, school or treatment programs for instance. Typically if offenders violate the terms of the electronic monitoring, then an arrest will be made. Drug and Alcohol Treatment Program – which is popular with DUI offenders or nonviolent drug offenders. If found in possession of drugs for instance, and the quantity held is limited, these programs are usually granted for first time offenders....
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
HOW TO AVOID JAIL FOR YOUR FAIRFAX COUNTY, VIRGINIA DWI For the vast majority of people who are facing DWi charges throughout Virginia and in Fairfax County specifically, the first question they ask their lawyer is what they can do to avoid going to jail. The first thing that you can do is to make sure that you are not arrested for a charge that requires jail time. If you are convicted of a DWI with an enhancing factor jail time is mandatory. That means convictions for a second or subsequent DWI will be looking at mandatory jail time. Additionally, DWIs with high BACs will also face mandatory jail time. High BAC means anything .15 or above. There are certainly defenses that may be applicable in either situation. For example, out of state DWIs will typically not count. If you were convicted under the law of another state, that state’s DWI law must be “substantially similar” to Virginia’s law. There are very other states that have laws that are substantially similar to Virginia’s. So if your prior DWIs are from another state it increases the likelihood that you can avoid jail time. There are also some judges in Fairfax who have ruled that the law for enhanced BAC may not be valid because of a technical issue with how it is worded. Obviously those issues aren’t helpful if you are someone who has already been arrested and charged. In that circumstance you should discuss your options with your lawyer as soon as they are hired. Depending on the facts of your case, you may be able to leverage a...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
How Long Does a Juvenile Case Stay On Record in Fairfax County? Are you wondering how long your juvenile record will stay on file? Will it haunt you past your 18th birthday? Let’s find out the facts regarding juvenile records in Fairfax County, Virginia: The records are typically sealed upon the offender’s 19th birthday, or after a window of five years has passed without incidence. This incidence could mean that there were no repeat offenses by the juvenile in question. After records are destroyed, these are not available for public access. Nevertheless, some authoritative boards may be granted access, including the courts or law enforcement. The record is usually destroyed when there were no felonies committed, and/or the juvenile was not found guilty. Under these terms, juveniles and their parents can expect the record to be sealed at the eligible timeline of the 2nd day of January. Exemptions Say for instance a juvenile committed a felony offense, such as second-degree murder. Are these records expunged after the 19th birthday? According to Virginia laws, the juvenile may be tried as an adult, and similar to adult records, the notation would remain on file for public view. What about juvenile traffic offenses? In the event of traffic offenses, these can remain on file with the DMV until the said juvenile reaches 29 years old, or earlier as determined by the charge and the DMV. Other Facts about Juvenile Crimes Many misdemeanor offenses require that the juvenile’s driver’s license is suspended for a certain period of time. A Juvenile can be tried as an adult if he or she committed a felony...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
HOW DOES FAIRFAX COUNTY HANDLE ARRESTS FOR DWID (Driving While Intoxicated – Drug Related) Many people are aware that the limit for a dwi arrest is .08. However very few people are aware of how the law handles dwi cases where the person is suspected of being under the influence of some other type of narcotic. These cases present challenges to the Government in a number of ways: Officers don’t deal with them as frequently and may not be properly trained on how to gather evidence Prosecutors don’t handle them frequently and may not be properly trained on how to present a case Expert witnesses are almost necessary for the Government. Generally, the more hurdles that exist to a conviction the better off you will be. DWID cases work exactly the same way. Many drugs, particularly marijuana, stay in your blood well after they stop getting you high. Marijuana in particular is hard, because you can have a very high amount from the something you smoked days ago or a low number from something you smoked minutes ago. Many narcotics simply don’t get processed by the body the same was as alcohol and the system is frequently not set up to prove those cases. Blood tests are often required to be drawn. Blood presents a lot of potential challenges, because the drawing of blood is very well regulated to make sure of accuracy. If the police or hospital make even one mistake it can lead to a case being thrown out. The law that makes it illegal to drive while under the influence of drugs is, 18.2-266, the same...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
How Do Prosecutors in Fairfax County Decide to Reduce A DWI to Reckless Driving For obvious reasons, many people charged with DWI in Fairfax County are interested in having their charge reduced to a “wet reckless”. A wet reckless is a term for a DWI that gets reduced to Reckless Driving with required Alcohol awareness classes. A wet reckless is not technically a punishment, but rather a slang term to describe a resolution of a case. Typically judges don’t think they have the authority to reduce a DWI charge to a Reckless Driving. They are probably right. It is the role of the Prosecutor’s office to determine how people should be charged. Judges are more responsible for determining guilt or innocence. So judges usually think it is there job just to figure out if you are guilty or not guilty of a DWI, not to determine if the charge should be reduced. So with the understanding that the decision on whether or not to reduce the charge is up to the Prosecutor it is important to figure out how they make those decisions. In most cases, the Prosecutor will not be inclined to reduce the charge simply because you are a good person. For whatever reason, be it political pressure from MADD or other organizations, simply being a decent upstanding otherwise law abiding citizen usually isn’t enough to get a charge reduced. Additionally, Prosecutors will usually have to answer to upper management for reductions and many have strict orders to not give reductions based simply on the driver being a good person. In some jurisdictions (Alexandria and Prince William)...
