by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
What Can I Do If I Have Been Charged with Driving on a Suspended License? Driving on a suspended license is a very commonly charged offense. A license can be suspended for a variety of reasons. A license may be suspended for the failure to pay court fines. A license is often suspended as the result of the conviction of a crime. For example, after a DUI or DWI conviction the defendant’s license is suspended for a period. Finally, driving without a valid operator’s license is also illegal. What are the Penalties for Driving on a Suspended License? The penalties for driving on a suspended license depend on the reason for the suspension. In many cases, the offense is charged under Va. Code 46.2-301. Under this statute, driving on a suspended license is a Class 1 Misdemeanor. It carries up to 12 months of jail time and a fine up to $2,500. Of course, the defendant’s license will be re-suspended for the same period as the prior suspension or up to 90 days. A third offense of driving under a suspended license also contains a 10 day mandatory period of incarceration. When a license has been suspended because of a DUI, DWI or refusal to take a breathalyzer, the punishment can defer slightly if the offense is charged under Virginia Code 18.2-272. Driving while a license is suspended for a DUI or DWI is still a Class 1 Misdemeanor, but is elevated to a Class 6 Felony on the third offense within three years. The defendant’s license suspension is also increased for one year for a first offense and...
by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
Does A Traffic Offense Go On Your Criminal Record? All traffic tickets may seem the same on the surface, but not every traffic offense is just that. Some are criminal. The most common criminal offenses that can occur while driving include: Driving Under the Influence – this may seem like the most obvious, and it occurs when drivers exceed the state’s limits on blood alcohol counts when operating a vehicle. Driving Without a License – it’s illegal to drive without a license all over the nation. In Virginia, this is considered a class 2 misdemeanor. What happens if you have a license but simply forgot it at home? In this event, the validity of the license can usually be searched by referring to the driver’s birth date or other personal information. Reckless Driving – can occur in several ways including driving over the speed limit, running a stop light, failing to yield, or simply operating a vehicle with wanton disregard for life, property or limb. Reckless driving is a little different from the other charges in that if may not appear on your criminal record under many circumstances. Even though it is technically a criminal charge in Virginia, you should talk to a lawyer to see if your specific case will result in a blemish to your criminal record. Many times it will not. It will certainly appear on the court records and on your driving record, which may eliminate many of the problems people often associate with a criminal conviction. Driving On Suspended License – this is also a misdemeanor in the state of Virginia, which subjects offenders...
by Faraji Rosenthall | Mar 23, 2015 | Drug Charges, Possession of Marijuana
Do I Need a Lawyer for My First Offense Marijuana Charge in Fairfax County? As a practicing drug lawyer in Fairfax County, I get a lot of calls from people who have been caught with marijuana. They often have no previous records and aren’t sure how to proceed. They don’t even know whether or not they need an attorney. Like most of my clients, these are typically good, hard-working people who were caught with small levels of marijuana for personal use. They are concerned about what will happen in court, but they also realize that marijuana is legal a lot of places in the United States and is only a civil fine just a few miles up the street in the District of Columbia. They obviously don’t want to get taken advantage of in court, but they also don’t want to pay for a lawyer if they don’t need one. Unfortunately, there is no simple answer on whether you should hire a lawyer or not for a first time marijuana charge. The decision will largely hinge on whether the individual would be comfortable with the 251 program. And to understand that you need to understand the way Possession of Marijuana cases are handled in Fairfax. ( All cases start in courtroom 2J) POSSESSION OF MARIJUANA PROCESS IN FAIRFAX RUNNING OF PRIOR RECORDS – before court your record will be run to see if you are eligible for the program. Anyone who has no drug charges on their record will be eligible. DECISION TO BE INTERVIEWED – early at the start of court, the judge will call everyone who is...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
DO I NEED A LAWYER FOR MY FIRST OFFENSE DWI IN FAIRFAX COUNTY, VIRGINIA The unfortunate truth about DWI cases, is that they can be very hard to win or get reduced. There are a lot of times when it is possible, it certainly isn’t rare. But it will have nothing to do with who you are as a person, or whether you volunteer on the weekends or anything similar. There are times where a prosecutor will offer to reduce a DWI to a wet reckless if the facts of your case aren’t particularly egregious. But as political pressure continues to mount of Commonwealth Attorneys to be hard on crime, it is become less and less common to see an “equity” reduction. That is a reduction that is done solely because the driver is a good person. Rather, cases are largely won or lost on legal issues. Did the officer do something wrong or violate the driver’s rights in some way? Was the machine not working properly? Was the officer have sufficient probable cause to stop the vehicle? Did he have sufficient probable cause to make the arrest? These legal issues are the way that matters get reduced or dismissed. The flip side to that is that if there are no legal issues in your case, if the officer did everything properly and if the breathalyzer machine was working well, it is going to be very hard to get the case reduced or dismissed. This all assumes that you took the breath test and the result was .09 or above. As you are probably aware, the legal limit in...
by Faraji Rosenthall | Mar 23, 2015 | Uncategorized
How Can I Avoid Jail for an Assault and Battery? What does it mean to be charged with an assault and battery? First of all, what is an assault and battery? Virginia law actually defines assault and battery in two closely related ways. An assault and battery occurs when an individual intentionally inflicts physical harm on another or touches another in an offensive matter. An assault occurs when an individual attempts but fails to commit a battery with the present ability to accomplish the harm intended. An assault also occurs when an individual takes an action that is intended to put another in reasonable fear of harm. No actual contact is required for an assault. An assault and battery or an assault is typically charged as a class 1 misdemeanor and carries up to 12 months in jail and a fine of up to $2,500.00. In some special instances either crime can be charged as a felony. An assault and battery is a class 6 felony if it was committed because of the victim’s race, religion, color or national origin and causes actual physical harm. Similarly, an assault or assault and battery against a law enforcement officer, judge or magistrate can be a felony if the accused knew or had reason to know of the victim’s status. A domestic assault and battery can be a felony as well if there is prior history of domestic violence. So, will I go to jail? Not necessarily, but there is also no guarantee that jail time can be avoided. There are options that are available on a case-by-case basis. For example, the...
