by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Can a Conviction Prevent Me From Getting a Job? There are many sources of anxiety associated with facing a criminal charge in Virginia. An obvious concern is the possibility that a conviction could lead to time in a jail or prison. There can also be other, “collateral” consequences. For example, convictions can entail lengthy periods of probation or the suspension of a license. Perhaps most concerning is the effect a criminal conviction can have on future employment. More and more, employers in Virginia and other states are concerned with their employee’s criminal records. Some claim that as many as 92% of employers conduct background checks when hiring for some positions. Indeed, the impact that a criminal conviction can have on a job search in Virginia can be challenging. The Short Answer is “Yes, a Conviction CAN Keep You From Getting Employment” Whether or not a conviction will keep you from getting a job will often depend on the kind of job sought. In Virginia, there are positionsthat are tougher to get by law for those convicted of certain kinds of crimes.For example, teachers are required to swear under oath that they have not been convicted of a felony or a crime involving sexual abuse or rapeof a child before they can be hired by a public school. The upside is that many positions are still available even after conviction of a serious crime like a felony. Still, a criminal conviction can be a serious disadvantage in the job hunt. Many employers are skeptical of hiring employees that have strings of or even a single criminal conviction. The problem might...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How is Bond Handled in Criminal Cases in Fairfax County? When a person is first arrested for an alleged criminal case, the police take that person before a magistrate. Amongst other things the magistrate determines what the exact charge against the person will be. The magistrate also sets a bond. The bond is the amount of money the person will have to pay to be released from jail pending their court date. In determining an appropriate amount of money the magistrate will look at the persons prior criminal record if one exists, and the nature of the charge. The magistrate will be looking to see if the person is a threat to community or a flight risk. If the arrest is for a relatively minor charge and the person does not have a significant criminal history, the magistrate may allow the person a personal recognizance or PR bond. In that circumstance, no amount of money would have to be paid. The person would simply have to sign a form agreeing to return to court on their scheduled court date. If the charge is more serious and/or the person has a criminal record the magistrate may require a bond to be paid. This amount is up to the magistrate’s discretion and will vary depending on the facts of the specific case. If a person chooses to pay the bond themselves, the amount will be returned at the conclusion of the case, provided the individual attends all court hearings. Or you can hire a bail bondsman to pay the bond for you. The bondsman takes a fee for this service (usually...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Average Cost of a Reckless Driving Ticket A reckless driving conviction can cost you thousands in the long-run. To breakdown the median charges, consider: Fines – A court mandated fine. The fines aren’t usually the biggest issue. Fines typically are in the $100-300 range, although exceptions can happen if the behavior is particularly bad, the speed is exceptionally high and/or the driver has a very bad driving record. Insurance – this is usually the biggest cost. While there is no guarantee of how much an insurance premium will increase, there is often a hidden expense down the road to being convicted of a 6 point driving violation. You should try to determine how much you expect your insurance to increase before going to court. If you don’t think the increase will be significant hiring a lawyer may be an unnecessary expense. If on the other hand, your carrier is likely to impose a hefty increase or drop you altogether, hiring a lawyer may be the cheaper way to go. There may be other consequences, although they are rarer than the insurance increase. Like everything else the more homework you do before court do determine how these things apply to you personally, the better prepared you will be on your court date. Knowledge of how these issues will impact you is something that you have to determine on your own. Every person is different and has a different set of factors that will influence the final cost. A few minutes worth of research before court case save you significantly in the long run. Wages Lost – you...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
Average Cost of a DUI/DWI If you end up being convicted of DUI or DWI in Virginia, what will this criminal offense cost you? Possibly plenty. In addition to minimum mandatory fees, court costs and legal defense, drivers may end up paying higher insurance, added commuting costs due to suspended licenses,and much more. Breaking Down the Monetary Cost of DUI Let’s take a look at some of the average expenses, according to the Virginia Department of Motor Vehicles: First Time Offenders – pay at least $250, plus one year driver’s license suspension. Second Time Offenders – pay at least $500, three year license suspension, and up to one year imprisonment in some cases. If the driver has committed this DUI with a prior within the space of ten years, he or she will need to serve at least five days in jail, according to compulsory guidelines. Third Time Offenders – offenders who commit DUI three times within a ten-year period will have their license suspended indefinitely. In addition, offenders will need to pay $1000 in fines, and will also be charged with a Class 6 Felony. Other penalties include a mandatory minimum sentence of three-months’ jail time, and vehicle impoundment. 3RD time DUIs within 5 years require a compulsory six month jail sentence. Other Facts Penalties may be weighed by the blood alcohol count at the time of the arrest, including past DUI convictions. Virginia has a strict tolerance policy for driving while under the influence, and individuals under the age of 21 will be subjected to the same penalties as an adult over this age range. These court...
by Faraji Rosenthall | Mar 23, 2015 | Domestic Violence
ASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER LAW IN FAIRFAX COUNTY, VIRGINIA Under Virginia Law, Domestic Violence cases are handled under the states “Assault and Battery Against a Family or Household Member” law. The law is found in the code under section 18.2-57.2. Under that section it is illegal to unlawfully touch a family member in a rude or threatening manner. This can include punches, slaps, pushes, really any contact that is designed to hurt another person or that is otherwise unwanted. The law further defines a family or household member very broadly. Any person who is blood relative is a family member. More commonly boyfriend and girlfriends are considered household members if they have resided together in the same house for at least one night in the previous year. So if you have a significant other who regularly stays over or who has done so at least once, they probably qualify under the law. However, say platonic roommates would not qualify. Assault and Battery against a Family or Household Member are some of the most frequently charged crimes in Fairfax County and across the state. This is because the police have a very strict policy of making arrests on any call for alleged domestic violence. The logic behind the policy is simple. It is safer to just arrest somebody in a heated situation, than risk leaving them there and having it escalate to something more drastic. The unfortunate consequence of this policy is that a lot of innocent people end up getting arrested. The vast majority of these cases are resolved very favorably, but it is...
