by Faraji Rosenthall | Jan 26, 2016 | Criminal Law, Shoplifting
Have You Been Accused of Theft? Being convicted of a theft charge can change your life forever, and not for the best. Once convicted, and sometimes if you were simply charged but not convicted, you may not be able to get certain jobs nor be put in any form of fiduciary positions. These charges tend to last throughout your lifetime, unless you have gotten your record expunged or sealed. Though it may seem like the only people convicted of theft charges are those considered to be poor, those who have means also can be convicted of theft charges. For instance, in recent news, a Judge in New Mexico and a high school bookkeeper in Wisconsin were charged and convicted of embezzlement. It can happen to anyone at any time. However, if you lack the requisite intent, you may be able to dodge a theft conviction. If you or a loved one have been charged with theft, contact an experienced Virginia theft charge attorney to consult about your case. Different Forms of Theft Charges in Virginia In Virginia, all theft and theft-related crimes are considered larceny. Though there is not an exact definition for larceny, larceny is, essentially, unlawfully taking property of another with the intent to permanently deprive that person of their property. Larceny in Virginia comes in many forms: Larceny of certain animals and poultry; Larceny of bank notes and checks; Concealing or taking possession of merchandise; Receiving stolen goods; Embezzlement: Embezzlement is considered the wrongful taking of money or valuable property that took place while the offender was entrusted with someone else’s property. Shoplifting is committed...
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...
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 | 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 | 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 | 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...
