by Faraji Rosenthall | Jan 26, 2016 | Uncategorized
Are You in Jeopardy of Mandatory Minimum Sentencing? Mandatory minimum sentencing has been a controversial topic for decades. It is often argued that mandatory minimum laws affect minority communities at a far greater rate than other communities and have increased the federal prison population significantly. For instance, crack cocaine is considered a “black” drug, and statistics show that African Americans are punished 18 times more than those who are convicted of powder cocaine. Though there are several reasons you may be subjected to a mandatory minimum sentencing, often times mandatory minimum laws are associated with drug crimes. However, it is now being argued that mandatory minimum sentencing leads to mass incarceration and has created a criminal justice system that is broken. If you or a loved one have been convicted of a crime that subjects you to a mandatory minimum sentence contact an experienced Virginia mandatory minimum sentencing attorney to fight for your rights. Virginia’s Mandatory Minimum Sentencing Laws A mandatory minimum sentence is for those who have been convicted of certain crimes that must be punished with at least a minimum number of years in prison. These crimes typically involve firearms, drug crimes, drinking and driving charges, sex crimes, and assault. Though most mandatory minimum sentencing consists of felonies, some misdemeanors can also subject you to mandatory minimum sentencing. According to Virginia Code 18.2-12.1 the court shall impose the entire term of confinement, the full amount of a fine, and community service and is not allowed to suspend in full or in part the punishment described as mandatory minimum punishment. In Virginia, there are over 80 different crimes...
by Faraji Rosenthall | Apr 6, 2015 | Uncategorized
What Does it Mean to Be Charged with Larceny as a Juvenile in Fairfax County, Virginia There’s a reason we don’t let minors drink alcohol, vote or drive cars until they are 16. Children are still developing as people, and they sometimes make impulsive mistakes that an adult would avoid. Some of those mistakes can cast a pall on the rest of the youngster’s childhood and have a devastating impact on the child’s future prospects. One such example is a child’s act of theft. While a child convicted of a petit larceny might be able to keep is record clean, a juvenile convicted of grand larceny will likely be carrying that bag for the rest of his or her life. What is a Petit Larceny? If you have to be charged with a theft crime as a minor, petit larceny is what you would want to aim for. Petit larceny is the intentional taking of property valued at less than $200.00 without permission. The offenses are very common in retail stores where cameras make defenses very difficult. However, there can be circumstances where cameras were unable to capture the theft or, rarely, a witness doesn’t appear. It’s critical that you speak with a Fairfax County attorney to help you recognize situations where charges can be beat at trial. Petit larceny is a class 1 Misdemeanor. As a result, it has the advantage of being sealed at a later date. The record will be destroyed when the defendant turns 19 if the defendanthas been on good behavior for at least 5 years.It might also be possible to get a judge...
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 | Uncategorized
What to Expect In DWI Court If you’ve been recently arrested for driving while intoxicated in Fairfax County, there are a number of steps that will be taken leading up to the conclusion of your case. Expect the following if you are convicted, obviously if you are found not guilty none of this punishments occur: License Suspension – there will be an automatic license suspension for a period of one week if you were arrested for DUI, and your blood alcohol count measured more than 0.08%. A lawyer can be consulted following an arrest to learn how to avoid license suspension, if at all possible. Jail Time – drivers are usually allowed to post bail for release. However, if you’re unable to do so, then an arraignment will be held on the following business day. There, you will be guided on what date to appear in court. If you’ve posted bail, this arraignment is held one week following your release. Trial – ensure that you meet your court appearance, and follow the proper protocols for dressing for court. In Virginia’sdistrict courts, including in Fairfax County, the judge will have the final say at the end of the case. Sentencing – following the trial, you will hear the penalties about the DWI case. The top penalties for DWI in Virginia include fines and license suspension. A lawyer can furthermore intercept to request reinstatement of a restricted license, so that you’re able to continue with work and life. Leading up to the trial, additional processes may take place, and these include: An Investigation – if you hire an attorney, he or...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Uncategorized
WHAT SHOULD I EXPECT FROM MY FIRST OFFENSE DWI? WHAT WILL HAPPEN WHEN WE GO TO COURT? The process for handling DWIs in Fairfax County is different than most people expect. The biggest surprise is the sheer number of cases that go through the system. Fairfax County Police arrest more than 2500 drivers for drunk driving in a year. That means that there may be upwards of 50 DWI cases in court on any given day. With that sort of volume, the Prosecutor’s office simply isn’t able to review many cases before court. Unless your case involves a blood test or some other unique circumstance it is likely that nobody from that office will know anything about your case before court. Instead the way the system works is that the Prosecutor talks to your officer and all the other officers about your case, the day of court. They meet in a little room right outside the courtroom and discuss all of the cases in the room that day. Then at about 1015 or 1030, the Prosecutor will begin discussing cases with lawyers. During this session, your lawyer will receive what is called discovery. This process involves the Prosecutor telling the attorney what evidence and facts the government will use to try to convince the judge that the driver is guilty of the crime they are charged with. During this meeting your lawyer will also tell the Prosecutor about any facts that would help their client’s case. After that discussion, the two lawyers negotiate a plea agreement. A plea agreement states that if the client agrees to plead guilty the...
by Faraji Rosenthall | Mar 23, 2015 | Uncategorized
What Kind of Sentence to Expect For Your Second or Third DWI Second Offense After a defendant’s first DWI offense, the severity of the sentence for any subsequent DWI increases exponentially. He will receive an administrative license suspension for 60 days and then a license suspension for three years. He will be forced to pay a minimum of $500 in fines and then additionally any court-ordered restitution. If the second DWI conviction comes within 5 to 10 years of the first offense, the defendant will be sentenced to a mandatory minimum of 10 days in jail. If the second DWI conviction comes within fewer than 5 years of the first DWI conviction, then he will serve a mandatory one-month to one year in jail. He will be ordered to install an ignition interlock device on his vehicle. This conviction will appear on the defendant’s criminal record. There are also potential increases in required jail time for exceptionally high BACs. Third Offense A conviction for a third DWI carries a mandatory $1,000 fine, mandatory indefinite driver’s license revocation, and prosecution as a Class 6 felony. The classification as a felony means the defendant’s vehicle is subject to seizure and forfeiture. If this is the defendant’s third DWI offense within 5 years of his prior convictions, he will be sentenced to a mandatory 6 months in jail. If it is within 10 years of his last DWI offense, he will serve a mandatory minimum 90 days in jail. He will be also be ordered to install an iginition interlock device on his car. This conviction will appear on the...
