by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
What is Larceny by False Pretense? False pretense is a special kind of larceny in Virginia where a person tricks another into passing over the title to property. This crime commonly occurs when an individual attempts to cash a fraudulent check at a check cashing location. Obtaining payment in exchange for false invoices is another common example of larceny by false pretenses. The crime itself is set out on Virginia Code 18.2-178. False pretense is punished in the same way as any other larceny. If property of less than $200 is obtained, then the crime is a Class 1 misdemeanor. It carries a possible period of incarceration of up to 12 months and a potential fine of up to $2,500. However, if the property stolen is worth more than $200, the defendant will be guilty of a grand larceny. A grand larceny carries a period of incarceration of between one and twenty years or up to 12 months confinement and a fine of up to $2,500. If a signature is obtained by false pretenses, then the crime becomes a forgery and is also a felony. What are the Elements of False Pretenses? In order to prove a larceny by false pretenses, the Commonwealth must prove four elements beyond a reasonable doubt. First, the Commonwealth must prove the intent to defraud. Second, there must be actual fraud. Third, there must have been some sort of false representation or deception involved in furthering the fraud. Fourth, the deception must have actually allowed the fraud to be successful. There are many ways in which a defense attorney can attack these elements. When...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What is Eluding? Eluding is a common crime charged in Virginia that deals with attempting to evade police officers while driving a car. Virginia Code 46.2-817 sets outs the particulars of the charge. In laymen’s terms, someone is guilty of eluding when they have been signaled to pull over by a police officer and tries to escape or even simply ignores the officer. A conviction for eluding can also be had where the defendant pulls over and then attempts to escape the police on foot. Importantly, the driver must have received a signal from the police that he needs to stop his vehicle. As well, if the driver reasonably believes that the person pursing him is not actually a police officer then he won’t be guilty of eluding. A garden variety eluding is a class 2 misdemeanor, carrying up to 6 months in jail and a fine as much as $1,000. However, if a person or police officer is endangered by the chase, then the charge is a class 6 felony carrying heftier penalties. Further, a court must suspend the offender’s license for between 30 days and 12 months. If the eluding individual was traveling faster than 20 miles per hour above the speed limit, then the suspension will be for a minimum of 90-days. What are Common Issues in Eluding Cases? Eluding cases can sometimes be difficult for the Commonwealth to prove. One of the big issues is whether the defendant was aware that he was being pursued by the police. The police first must prove that the officer made some kind of indication to the driver that...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
What is an Assault & Battery on a Police Officer? Assault or assault and battery on a law enforcement officer is an extremely serious crime in Fairfax County Virginia. Virginia law sets out rules specifically for assaults and assaults and batteries that are inflicted on police officers and probation officers. In general, all elements are the same as those in regular assaults and assaults and batteries. An assault occurs when the defendant puts an officer in fear of eminent bodily harm. At its most basic level, an assault and battery occurs when the defendant intentionally touches a police officer in a harmful or offensive matter. While a standard assault and battery is a misdemeanor, and assault and battery or assault against a law enforcement officer is Class 6 Felony. The punishment is up to 5 years in prison, with a fine that can reach $2,500. Critically, an assault and battery against a police officer carries a mandatory minimum of 6 months in jail. This mandatory minimum cannot be altered or suspended by a judge or jury. Simply put, a defendant convicted of an assault and battery against a police officer is going to be incarcerated for half a year. What Do the Police Need to Prove? There are some additional elementsthat must be proved in assault and battery against police officer cases. One key issue is whether the police can prove that the defendant knew that the victim was in fact a police officer. If the officer is in uniform, this will usually not be a problem. Moreover, the defendant can be convicted if he had reason to know,...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What Happens With a Reckless Driving Ticket in Fairfax County Virginia? Learn how to proceed after being stopped and ticketed for reckless driving in Fairfax, Virginia. Is it a crime or a simple traffic infraction when you drive recklessly? Reckless driving is considered to be the blatant disregard of life and limb – as well as property, when driving. True Examples It could happen when you exceed the speed limit; disobey orders by a traffic police; run a stoplight and other incidences. There’s a lot of misinformation when it comes to reckless driving in Fairfax County, but if you want accurate information, go straight to the source: Virginia Laws regarding reckless driving. These statutes reveal that reckless driving is a crime, and drivers can be penalized by: Fines of up to $2,500 License Suspension Possible Jail Time Deductions in Driver’s License Points A Permanent Criminal Record There are several ways to handle this dilemma, but the cleverest move is to hire an attorney. The aim of which would be to have the charges either dismissed or lowered to an improper driving offense – not a crime. How can lawyers accomplish this? Let’s explore some of the top defenses below: Prove That You Are a Safe Driver A clean driving record may be your ticket out of this ticket. When drivers can prove a clean and responsible driving history, it’s easier to argue that reckless driving won’t become a pattern. The judge may give you a pass by reducing the charge to an improper driving offense. Prove That You Were Not Driving Recklessly Use technology to prove the real evidence....
by Faraji Rosenthall | Mar 23, 2015 | Uncategorized
What Happens to Your Car Insurance After You Are Convicted of a DWI? Depending on the severity of the defendant’s case and the various facts involved, a defendant’s car insurance rate will probably increase after a DWI conviction. The premiums could increase as much as 100 percent or more. This is also dependent on whether or not the defendant has other driving-related offenses. Some defendants’ insurer may drop them from their coverage or they will have difficulty finding and obtaining coverage. If a defendant is dropped from his current car insurance and needs to find a new carrier, prospective insurance companies will see the DWI conviction on his record. If a defendant’s car insurance is cancelled or raised substantially in response to his DWI conviction, the defendant might be able to get coverage from an insurer that specializes in covering high-risk drivers. The defendant may also get coverage from the high-risk division of a larger insurance company. This kind of coverage is called a nonstandard policy and usually has relatively high premiums. ...
