by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Fairfax Reckless Driving Ticket For Out Of State Drivers Have you visited the state of Virginia and are now stuck with a reckless driving ticket? Did you know it’s not just a mere traffic infraction alone? It is typically not an issue unless you were going exceptionally fast, have a bad record or were alleged to have been driving in an extraordinarily dangerous manner. However, because it is technically a class 1 msidemeanor you are required to appear in court. In Fairfax however, there is a policy where an out of state driver can hire an attorney to appear on their behalf. This means the driver can avoid the nuisance of having to appear in court. Out-of-state drivers can be charged with a reckless driving offense in Fairfax, Virginia,if they were operating a vehicle in a manner considered as careless. Common examples include speeding, running a stop light, racing across a train track, or passing two parallel vehicles on a regular two-lane roadway. There are at least 20 sub-statutes outlined for reckless driving. The Penalties Out-of-state drivers face the same fines as registered residents, and theseinclude one or more of the following: Up to $2,500 in fines Possible jail time for extraordinarily aggravating circumstances In terms of license suspension or points reduction, the state of Virginia will regularly report the conviction to your home state (assuming they are one states that participate in the Interstate Compact). Once notified of the ticket it will be up to your home state to determine how to handle the ticket. Most states have written policies on how they handle Virginia convictions. You or...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Fairfax County Preliminary Hearings Under Virginia law, Felony cases typically originate with a Preliminary hearing in the General District Court. The General District Court in Fairfax hears cases on the first and second floors. Circuit Court is in the same building and hears cases on the fourth and fifth floors. During a Preliminary hearing, the Government is required to put on evidence to establish that probable cause exists. Probable cause is a very low standard. The Government is only required to show that a crime probably took place and that the accused probably did it. They do not have to prove it beyond a reasonable doubt and often a confession or statements by the accused can be sufficient to establish probable cause. Sometimes just the statements by a victim can be enough to carry the case. If after hearing the evidence the judge believes that probable cause exists, the case will be sent to Circuit Court. Additionally, the result of the Preliminary hearing may not be final. Even if the judge finds that probable cause doesn’t exist, the Government can still elect to send the case to Circuit Court. This is called a straight indictment. If the Government elects to proceed in this fashion it can cause certain problems for the accused. The biggest problem is that a straight indictment is technically a new case. The accused may be rearrested and required to pay a new bond. Also, any time the accused has spent in jail may not be credited against the new charge. Because these problems may exist if a matter is straight indicted and because you technically...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Fairfax County Assault on a Police Officer Under state law, any assault and/or assault and battery on a Police Officer is a Class 6 felony. It is punishable by a sentence of up to 5 years in jail. However, unlike other class 5 felonies there is mandatory minimum of 6 months in jail. That means that the judge or jury will have no discretion if they find you guilty of the charge you will have to do at least 6 months. Assaults come in a wide range of forms and can present many different issues and opportunities for the defense. Obviously, they will almost always involve law enforcement in some way, rather it is a cop, probation officer, or other individual. That will play a major role in the resolution of the case. The arrest must be for a lawful reason. The law allows a person to resist an unlawful arrest, provided the force used is appropriate. Any arrest requires the officer to have either an arrest warrant or probable cause. A showing that the arrest was without sufficient probable cause may be the difference between having your case thrown out and spending six months in jail. So for example, lets say Officer A is on patrol and decides to Arrest Suspect B. During that arrest suspect B becomes unruly and punches the officer in the face. The officer then tases him, arrests him and takes him to jail. At the jail the suspect is charged with Assault on a Police Officer. At trial, the suspect may be able to challenge the reason for the underlying arrest. So lets...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
DWI Plea Bargains: How Can I Get One for My Virginia DWI? DWI or driving while intoxicated is a serious crime in the state of Virginia. There may be several consequences for one slight moment of indiscretion, including jail time, fines, license suspension, and other penalties. But when it comes to this crime, is there a bargaining chip that drivers can leverage to stay out of jail? The answer to this question is that it really depends on the facts of your case. The strongest bargaining chip is a Prosecutor’s concern that they may lose the case. This may be as a result of weak evidence, illegal evidence gathering on the part of the police, or any other problem with the Government’s case. Typically, that you were nice to the officer or have no prior record is not an effective negotiating tool. What’s A Plea Bargain? A lawyer can settle with the prosecution team through a series of discussions. The Pros You’ll Know The Terms Before Accepting – There’s no second-guessing sentences, plus offenders won’t need to endure rigorous and mentally exhausting trials in court. A Bargain Equals Discounted Sentencing – Plea bargains in most cases, allow guilty parties to avoid jail time, get lower penalties, or receive lesser charges. A good example would be a reckless driving charge vs. DWI. The Cons You will be found guilty – On the other hand, if you were to go to court and fight the charges, the case could be dismissed if you prove successful. If you lose, the judge will sentence you based on the circumstances of the case. Some...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
Driving Under the Influence of Marijuana or Other Drugs (DUID) It is illegal to drive under the influence of marijuana and other types of drugs like cocaine, heroin, and in some cases,even prescription medication… Any trace levels of marijuana found during testing can lead to an arrest for DUID. The Consequences of Driving Under the Influence of Marijuana The penalties usually involve fines, license suspension, and possible jail time. As seen, these are treated in the same way as DWI. Upon reinstatement of the offender’s driver’s license, the court may also order the implementation of an ignition interlock device. Ripple Effects of DUID You can be charged with the possession of marijuana in addition to DUID. Notable Questions and Answers for Drivers about DUID Unlike driving under the influence of alcohol for example, how do lawmakers test drug levels in the state of Virginia, which presumably would be used as evidence during trial? Answer: A blood test is usually administered, whereby any trace levels of the substance will serve as proof that the driver was indeed under the influence at the time of operating a vehicle. Since medical marijuana is legalized in the state of Virginia, can you legally drive after using the substance? What if I was smoking legally in the District of Columbia. Answer:It’s still illegal under Virginia law. Nevertheless, this can be tricky to answer and convict, since traces of marijuana can remain in the system weeks after use. Ask your lawyer about defense options if you’ve been arrested for DUID as a result of medical marijuana use in Fairfax County or anytime that you are...
