by Faraji Rosenthall | Apr 6, 2015 | Juvenile
What are the Consequences of a Juvenile Traffic Violations? Despite the common belief, traffic violations are actually fairly serious business. This can be especially true for juvenile traffic convictions, which can have a whole range of consequences for the child. A child can have his licenses suspended or his insurance can go up. Of course, this can limit a student’s ability to engage in after school activities or employment. Even worse, serious criminal charges might need to be disclosed on the juvenile’s college applications. Juveniles can be convicted of the same sorts of traffic convictions as adults. This includes reckless driving, DUIs and speeding. They can also be charged with a series of offenses that are relevant only to minors. For example, a juvenile defendant can be charged with a kind of DUI that is specific to minors. They can also be charged with violating curfew. Many of these offenses are infractions and can be prepaid. However, juveniles will need to appear in court for the same offenses in which adults are required to appear. What are the Components of Juvenile Specific Driving Offenses? In Virginia, those under the age of 21 are not permitted to drink alcohol. A minor with a blood alcohol level of between .02 and .07 can be convicted of what is often called a “baby DUI.” The consequences for a baby DUI were once softer than a normal DUI, but changes in the law have since brought the penalties up to par with the adult version. Like an adult DUI, the offense contains a potential jail sentence of up to 12 months. There is...
by Faraji Rosenthall | Apr 6, 2015 | Juvenile
Juvenile Assault and Battery There was a time when fights between youths were just considered a normal part of growing up. The Commonwealth understood this as well and made an effort not to prosecute such scuffles. However, the Commonwealth more and more these days has found it worthwhile to drag these charges into court. As technically violent offenses, an assaults and batteries can have a troublesome effect on a child’s future. First, it can get the child involved in the criminal justice system through probation or detention. As well, colleges may ask about juvenile convictions in their application process. As a misdemeanor, a juvenile assault and battery is prosecuted as a delinquent act in the Juvenile and Domestic Relations Court. The J&DR judge has a wide range of options to deal with juvenile ranging from deferment to detention to house arrest. That being said, an assault and battery can be charged as felony, usually relating to the involvement of a police officer or teacher. Under this circumstance, a conviction will result in a lifelong criminal record for the child. What is an Assault and Battery? An assault and battery is a very commonly charged offense. By itself, an assault is putting someone else in reasonable fear of eminent bodily harm. Think of it as a threat with an action towards that threat and the present ability to carry out the threat. Simple statements are not enough, but a threatening action will usually suffice. An assault and battery is essentially any kind of harmful or offensive touching. Even spitting can count as an assault and battery. A defendant may also...
by Faraji Rosenthall | Apr 6, 2015 | Uncategorized
Forgery and Bad Check Charges in Virginia It’s been said more than once by a judge that issuing a bad check is the same as stealing. The courts are sometimes happy to punish the offense just as harshly. In any case, forgery and false uttering are offenses commonly prosecuted in Fairfax County, Virginia. Virginia law criminalizes many kinds of forgeries. Falsifying documents ranging from voter ID cards to checks are dealt with severely under the statute. The offense also includes obtaining another person’s signature by fraud as well as issuing falsified legal documents. An utterance is an attempt to use such a forged document. Both offenses are Class 5 Felonies. This means that they each carry a potential sentence of between one and ten years or up to 12 months and $2,500.00. If you have forged a document and then attempted to use it, you can be convicted and sentenced for both. What are the Elements of Forgery? In general, for a forgery conviction the Commonwealth must prove several elements. In other words, the Commonwealth needs to show that the document was created with the intent to defraud. Note that the document need not be entirely created from scratch. A forgery conviction can be had where the defendant modifies a document as well. What is important, though, is that the modification or false statement is intentional. A mistake in a legal document will not lead to a conviction. In some instances, this doctrine of mistake can serve as an effective defense. Notably, only certain documents are included under the statutes. Basically, the included documents are public records, coins or...
by Faraji Rosenthall | Mar 23, 2015 | Domestic Violence
WHEN IS DOMESTIC VIOLENCE A FELONY IN VIRGINIA? Domestic Violence, or Assault and battery against a family or household member as it is known under Virginia law is typically a class 1 misdemeanor. That means that it is technically punishable by up to 12 months in jail and a fine of $2500. In actuality penalties are typically much lighter than that. First time offenders, for example are eligible for diversion which is frequently given, unless there is particularly egregious injuries or some other exaggerating factor. However there are certain conditions where a domestic assault charge can be prosecuted as a felony. Virginia has a sort of 3 strikes law when it comes to Domestic violence. If a person is convicted of a third domestic violence act the third conviction is a class 6 felony. That increases the potential jail time to 5 years. Additionally, all the other consequences that come with being a convicted felon (criminal record, loss of right to vote or possess guns) are all involved. The prior offenses do not have to be specifically for domestic violence. Any priors for domestic violence count, but so do convictions for malicious or unlawful wounding, aggravated malicious wounding, strangulation. In order to make the new charge a felony there must be a prior record of 2 of those charges committed in the last 20 years. So the short answer is that Domestic Violence is typically a misdemeanor, unless you have previously been convicted of other violent charges twice in the last 20 years. ...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
When Can I Expunge My Criminal Record? A felony record can be a serious problem. Employers and schools will often consider an individual’s criminal record when making a decision. A felony record can be a disqualifier. Even certain kinds of misdemeanors such as stealing can make employers wary. A common question often asked by those convicted of crimes is whether they can have their record expunged. Unfortunately, the answer in Virginia is usually “no.” Criminal records in Virginia are typically for life with few exceptions. That said, there are some circumstances when a record or even part of a record may be expunged. My Felony charge was reduced to some other misdemeanor, can I get that expunged? In that circumstance, you may be eligible to have the original felony removed from your record. The misdemeanor would remain. It is a fairly complicated area of law and depends on the specific facts and circumstances surrounding your case. When Can My Record Be Expunged? Expungements in criminal cases are usually reserved for circumstances in which the defendant is either adjudicated innocent or the charge is otherwise dismissed. For example, the defendant might be able to get an expungement if the Commonwealth dismisses its case because its witnesses did not appear. Further, a defendant is eligible to have charges expunged when a case is dismissed as the result of an accord and satisfaction. Expungement is also an option to clear your record when another person in essence steals your name and commits a crime under it. There are some records that are automatically expunged in Virginia. Juvenile driving records are automatically expunged...
