by Faraji Rosenthall | Mar 23, 2015 | Assault, Criminal Law
Virginia Assault and Battery Laws: How Are These Cases Prosecuted In Northern Virginia? Is assault and battery the same? Find the distinction between the two here. The terms assault and battery are often used interchangeably but these are two separate crimes. What Is Assault? Assault is the act of intentionally attemptingphysical harm toward another. No physical contact needs to be made during an assault. The prosecution must also prove that the defendant had the capacity to inflict harm on the victim. Common Examples of Assault If someone swings a bat at another during a heated argument, even if there was no impact, this is considered assault. Another instance would be if two friends were arguing, and one of them points an unloaded gun without shooting. What is Battery? Battery on the other hand, is the act of inflicting physical harm on someone deliberately, however minor or severe. One of the main denominators of this crime is that the perpetrator made physical contact in an aggressive manner.Battery can also be the result of indirect contact via an object or weapon. A Key Pointer Regarding Battery Even though battery constitutes touching, not every case of unwanted contact is considered battery. Here’s an illustration: a stranger commuting to and from work may tap someone on the shoulder to inquire about directions. Even if this “physical contact” is unwarranted, it’s not considered to be battery, since no harm was made or intended. Common Examples of Battery An irate airline passenger spits on a hostess out of anger for failing to deliver his request. There are further aggravating circumstances to battery such as causing...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Negotiating With the Prosecutor Before Court Is it possible to skip trial and bargain with the prosecutor instead? Learn about the court processes in Fairfax County, Virginia. When you’re arrested for a crime, negotiations can be beneficial for several reasons. For one: you won’t have to endure a lengthy trial; and two: you’ll know the sentence before accepting the deal. Tips When Negotiating Types of Negotiations: There are several negotiations that can take place including, but not limited to: Defendants are usually able to plead to a less serious offense. Example, a DUI can be bargained down to a reckless driving offense. In other cases, some charges may be wiped off the table in exchange for pleading guilty to a specific one. An attorney can strike a deal with the prosecution to prevent certain inconveniences like jail time or license suspension, in exchange for other sentencing. Timelines for Negotiations – when it comes to plea bargains, this can usually happen at any given time before your trial actually starts. In Fairfax, this often happens in the morning just before your court case is called. Negotiations Don’t Always Go Your Way – it’s important that defendants approach deals with an open mind. While these may seem like an opportunity to get a better outcome, all the pros and cons must be weighed thoroughly. Pleading guilty to a crime for instance, will remain indefinitely on your criminal record; and you will also need to comply with the terms of the plea deal. You cannot force the Prosecutor to give you a favorable deal. However, you always retain...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
I Think the Judge Got it Wrong, What Can I Do? Everyone makes mistakes, and that includes judges. When you believe the judge has made a wrong decision in your case, you can usually appeal and have the case re-examined by a new judge or even a panel of judges. However, there are strict deadlines and procedures that you must follow in order for your case to be reviewed on appeal. Failure to follow these procedures will usually mean that you are stuck with the verdict below. The procedures vary depending on the kind of appeal. This is an area where you certainly should speak with an attorney to make sure your appeal is properly made. When Can I Appeal from the General District or Juvenile and Domestic Relations Courts A case from General District Court, usually known as GDC, or Juvenile & Domestic Relations Court, or J&DR, can be appealed to the Circuit Court of the jurisdiction in which the court appealed from is sitting. GDC and J&DR are courts “not of record” in Virginia. They are so termed because there is no record made of court proceedings as the case progresses. What this means for defendants is that when they appeal to Circuit Court, they are entitled to an entirely fresh look at their case. The Circuit Court judge will host a new trial and the appeal is often said to give the defendant “a second bite at the apple.” The defendant is also usually entitled to a jury trial in the Circuit Court, something they are never allowed in the non-record courts. However, there are some...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
Dismissed charges still appear on your criminal record Individuals will often call my office days, weeks or even months after their case has been resolved. Sometimes they had another lawyer or represented themselves and they want to know what impact the old case will have on their criminal record. First and foremost it is important to recognize that what most people are referring to is actually the NCIC. That stands for National Crime Information Center. It is the agency under the FBI that is responsible for tracking crime and arrests. When the police want to determine if you have committed a crime in the past, they look to your NCIC. When you are applying for a job or to school/university, they may or may not have access to the NCIC. There are other places that will keep track of your court cases. The DMV and obviously the court system, are just two of the other places that will maintain information about your past charges. That much said, lets say that you have applied for a job and were turned down because of a previous arrest. You know want to try to get that arrest off your record so that other jobs won’t see it during the application process. Virginia is unfortunately very strict about what can be taken off the books. Otherwise referred to as expunging your record, if approved your charge will be removed and all records of the arrest will be destroyed. Under Virginia law, only certain people are eligible for expungment. You are only eligible if the charge against you was dismissed or you were otherwise...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
How to Know if You Need a Lawyer for A criminal case in Fairfax County Unless you are absolutely sure of what can happen in court you should at a minimum discuss your case with an attorney. Attorneys across Virginia get calls frequently from people who went to court by themselves, assumed how the law worked and then are stunned when things aren’t as they imagined. Many people overstate the potential problems that may occur, but it is important to know that in Virginia ALL CRIMINAL CASES STAY ON YOUR RECORD FOR LIFE. EXPUNGMENTS OR HAVING YOUR RECORDS SEALED OR CLEANED ARE ONLY POSSIBLE IF YOU ARE FOUND NOT GUILTY OR IF THE GOVERNMENT DROPS THE CASE. IF YOU ARE FOUND GUILTY YOU WILL ALWAYS HAVE A RECORD. IF YOU PLEAD NO CONTEST YOU WILL ALWAYS HAVE A RECORD. IF YOU AGREE TO HAVE YOUR CASE DISMISSED AFTER COMMUNITY SERVICE AND CLASSES YOU WILL ALWAYS HAVE A RECORD OF THE ARREST. It cannot be stressed enough how important it is to make sure that you understand the consequences so that you can make a educated decision on whether you need a lawyer or not. So if you were just charged with a minor shoplifting and the judge said you would just get a fine, that fine is usually not the biggest issue. The much bigger issue is that when you call a lawyer in 3, 5, or 20 years and mention that you can’t get a job that has a background check, that lawyer is going to tell you there is nothing they can do to help. That is...
by Faraji Rosenthall | Mar 23, 2015 | Criminal Law
DO YOU NEED A CRIMINAL DEFENSE LAWYER FOR ____________________? One of the most commonly asked questions on websites is “I am charged with ______________, do I need to hire a criminal lawyer. First and foremost, you should always consider the source when you are asking a question. Many people ask this sort of question on attorney websites or forums staffed by attorneys. Obviously those lawyers are answering those questions with the hope of gaining clients so you should take that information with a grain of salt. Even reading, my website you should do independent research to confirm what is accurate. Everyone has some biases. That much being said the answer to whether you need a lawyer usually depends on a number of factors, many of which only you would know. For example, do you not have the funds to hire a lawyer? I understand that many people prioritize a lot of things over having a lawyer. But if your freedom is at stake, there are few things that should be more important than getting the best representation possible. I have seen a number of times where someone assumed that their case would go well and in order to save a few bucks ended up spending days behind bars. I imagine that left to make that decision again, they would prefer to max out their credit cards or suffer some other consequence than going to jail. So the first thing you need to do to determine if you need a lawyer is to determine the consequences that you are realistically facing. The first thing you should do is to look...
