by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Traffic Charges
What Happens If You Are Caught Driving After Your License Was Suspended From a DWI? If you are caught driving when your license was suspended for a DWI, you may face a possible conviction under 18.2-272. Unless you have previously been convicted of a driving on suspended these charges can often be resolved with no jail time. However, the tangential impacts of such a conviction can be much worse. The DMV will suspend your license for at least a year. The DMV suspension is typically equal to the length of time that your original suspension was for. So if you were caught driving during a 12 month suspension, the DMV will add another 12 month suspension on to the end. During that period of suspension you will not be eligible for a restricted license and will essentially have to walk everywhere. Regardless of whether you lose your job or cannot provide for your family you will not be able to drive at all. Additionally, you will likely be subject to receiving some or not all of your suspended jail time imposed. In most Fairfax DWI cases, the initial sentence is 30 days of suspended jail time. If you are caught in violation of your initial sentence you will likely have to face a judge who can impose some or all of that sentence. The 18.2-272 charge applies if: You are driving and do not have a restricted license You are driving outside the terms of your restricted license (either time and/or location) You are driving after drinking (the limit is .02) Regardless, the potential...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
What Happens If Police Fail To Read My Rights? If police fail to read your rights in Virginia, what are the consequences? Learn if the evidence or entire case will be dismissed. If an arresting officer fails to read your rights, information you provide verbally cannot be used as evidence against you during trial. Nevertheless, this does not mean that defendants will go away scot-free. Here’s what you need to know: The Miranda Right is basically a statement or protocol read by police officers when they’re arresting or interrogating suspects of a crime. The statement outlines the following: If you’re placed under arrest, it’s your constitutional right to remain silent. If you choose to dismiss this right, whatever you say can and will be used as evidence against you in trial. You also have the right to an attorney, and if you can’t afford one, law enforcement will direct you to a public defender. In verbatim, it reads: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” The law came in effect following the U.S. Supreme Court case, Miranda v. Arizona. It’s included in the Fifth Amendment and is meant to protect individuals from self-incrimination. Other Key Tips Miranda Rights should be read any time a suspect is being interrogated or under custody. This means...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Reckless Driving Ticket Cost Is reckless driving a traffic or criminal offense, and what’s the average cost ofthe ticket in Fairfax County? We’ve all heard that in order to drive safely, we must drive defensively. Does this mean that there are more reckless drivers on the road than responsible ones, and what does it actually mean to drive recklessly? Reckless driving is defined as intentionally driving in a careless manner with blatant disregard for life, property or limb. Typically when someone is driving recklessly, they’re operating a vehicle in a manner that could cause serious harm to passengers and other drivers on the road. This behavior places the public at risk, and as a result, it’s plausible why Virginia penalizes the crime so heavily. Some good examples of reckless driving include: The driver continues driving, even when signaled by an officer to stop. The driver exceeds the posted speed limit by over 20 MPH. The driver ignores a red light or other traffic signals. The driver ignores an emergency vehicle, school bus, or railroad warning. The driver ignores rules to slow down when dangerous conditions arise. The driver is maneuvering a vehicle with faulty brakes. The driver races on a public roadway. The Consequences of Reckless Driving Now that we have a better idea of what constitutes reckless driving, is it labelled a crime? In the state of Virginia, this act is sort of a quasi-crime. It is listed as a crime, but is heard in traffic court in Fairfax. Additionally, while a conviction will appear on your court and driving records, it will usually not appear on your...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
What Are The Consequences Of Violating Probation In Fairfax? Are there repercussions for disobeying the terms of a probation in Virginia? Find out here. Probation is usually granted as an alternative to jail for either misdemeanor or felony offenses. It can also be included as a part of sentencing, in addition to jail time – to reduce the time of imprisonment. Probation is very intriguing for offenders, because oftentimes they get to carry on with life, as if nothing happened. But there’s a catch: Common Terms and Conditions of Probation The defendant has to be on his or her best behavior, which means avoiding repeat or new offenses. The defendant has to earn and maintain a decent living, in order to pay victim restitution if applicable. The defendant has to meet or contact their probation officer on schedule. The defendant has to participate in regulated community service, if applicable. The defendant has to pay all outlined fees, including victim restitution – on time. The defendant has to refrain from drug or alcohol use. The defendant has to remain in state or county lines. The defendant has to undergo the outlined evaluations ordered by the court, for offenses like drug possession or sex offenses as examples. The defendant has to wear an ankle monitor or electronic monitoring device. These are just a few examples of common probation prerequisites, and if these are violated, then several chain of events typically unfold. An example of probation terms: Aiden was charged and convicted with a first-time petty theft, and instead of the one-year jail penalty, his lawyer plea bargained with the prosecutor for...
by Faraji Rosenthall | Mar 23, 2015 | Shoplifting
What Are The Consequences Of Petit Theft In Fairfax County? What are the laws regarding petit theft and shoplifting in the state of Virginia, and more specifically in Fairfax County? Learn how a lawyer can help to dismiss charges, or get alternative sentencing for this misdemeanor offense. Definitions& Elements of the Crime Petit theft is also known as shoplifting, petit larceny or larceny, and it’s defined as: When someone steals money from someone in-person, and it’s valued at less than $5. When someone steals goods or services valued at less than $200. One of the common denominators of this crime is to prove intent. Petit larceny is also considered to be a Class 1 misdemeanor. What Are The Penalties for Petit Theft? The possible penalties for petit theft include up to $2,500 and/or up to one year in jail, for first time offenders. Grand theft convicts on the other hand, face up to 20 years imprisonment. In addition to these fines, the defendant may be ordered to pay victim restitution to the owner, in the amount of the value of goods stolen, and litigation fees initially paid by the petitioner or retail store owner. By now readers may realize that any other theft besides petit larceny is considered grand theft. Grand theft is the deliberate stealing of goods or services worth more than $200. There are also other types of larcenies outlined by Virginia law, which include the theft of animals or poultry, theft of bank notes; theft of public records; or embezzlement as a few examples. How Is Shoplifting Different From Theft? Shoplifting is considered to be the...
