The student had borrowed the car from a family member, and it is not clear if she was aware of the handgun's presence in the glove compartment. Nevertheless, she was charged with possession of a firearm on school property.
]]> This case is an example of the "zero tolerance" policy many schools have towards weapons possession. In the wake of school shootings such as Columbine and Virginia Tech, many high schools and colleges began cracking down on weapons possession among students, to the point that even mere possession without any intent to use has been prohibited. The student in this case was charged despite not even owning the vehicle or the weapon, and possibly being unaware of its very existence.Also relevant in a case like this is the Fourth Amendment's protection against unreasonable searches and seizures. In order for a person's automobile to be validly searched, law enforcement must either have a warrant, or the contraband must be within plain view of the officer. The contraband must not be located in any area where the defendant would have a reasonable expectation of privacy. If evidence is not validly seized according to these criteria, it can be excluded from evidence.
Anyone accused of a weapons crime is entitled to a presumption of innocence until guilt is proven beyond a reasonable doubt and to an aggressive criminal defense. A defendant in such a case may move to exclude the weapon from evidence if it is found to be the product of an illegal search and seizure. Anyone accused of weapons possession in Virginia may benefit from the counsel of a legal professional in protecting their freedom and rights.
Source: Richmond Times-Dispatch, "Gun found in car; Clover Hill student charged," May 17, 2013.
]]>Theft is a problem that can occur anywhere, and it occurs when motorists leave valuables unsecured within their vehicle. Thieves do not hesitate to enter unlocked vehicles to take any item of value, and they can smash windows in order to get access to the items, meaning that locked cars are no safer than unlocked vehicles. No valuable item left unattended and unsecured in an automobile is safe from a potential theft.
]]> Also at issue is credit card theft, which occurred in this case when a credit card was stolen from a car. If a credit card is left unsecured in a locked or unlocked car, a thief can easily steal it and use it to make unauthorized purchases. This has the effect of ruining the victim's credit and depriving him or her of property and a source of money. This is an especially serious consequence of leaving items unsecured and unattended in a car.Anyone accused of a theft offense such as car burglary or larceny is entitled to all of the constitutional protections afforded defendants, such as a presumption of innocence until guilt is proven beyond a reasonable doubt and a strong criminal defense. Defendants have the right to question witnesses, challenge the admissibility of evidence, and dispute the constitutionality of the charges. Anyone accused of theft is entitled to defend him or herself in a court of law, with the goal of avoiding the potentially serious consequences of a criminal conviction.
Source: Tidewater Review, "Thefts throughout New Kent County land several in prison," Amy Jo Martin, May 7, 2013
]]>Painkillers such as oxycontin and oxycodone have a tremendous potential for addiction, which is why they are considered a controlled substance, and their distribution for non-medical purposes is considered a felony. The penalties for drug distribution vary between jurisdictions, with networks with a larger distribution, harder drugs, and those that sell to minors being treated more harshly by authorities.
]]> This case illustrates the fact that medical professionals such as this doctor can be responsible for drug trafficking just as easily as ordinary criminals. Because they have access to drugs such as oxycontin, methadone, and fentanyl, they have every bit as much potential to be a source for illicit drugs as street gangs. The only difference is they have the legitimacy that a medical degree and a professional career offer.Anyone accused of a drug offense is entitled to an aggressive criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. They have the constitutional right to challenge the admissibility of evidence, question witnesses, and dispute the constitutionality of the charges and of the court's proceedings. Anyone accused of drug dealing or trafficking has the right to seek a vindication and an acquittal in a court of law.
Source: Timesnews.net, "D.C.-based doctor indicted on federal drug charges in SW Virginia," Wes Bunch, April 30, 2013
]]>Breathalyzers are used by law enforcement to gauge the amount of alcohol in a person's bloodstream by measuring its amount in their breath. They are generally considered to be accurate, but they may not be if they are not properly calibrated. If their readings are shown to be inaccurate, a defendant may have his or her DUI charge reduced or dismissed altogether.
]]> Implied consent laws automatically force the driver to consent to breathalyzer tests to gauge their sobriety. Should they refuse, their license can automatically be suspended, and they may be arrested for their refusal. Penalties for breath test refusal vary from state to state, but most states suspend the motorist's license for at least six to twelve months. Breath test refusal is treated as a serious offense in all these states.Anyone charged with DUI is entitled to a presumption of innocence until guilt is proven beyond a reasonable doubt. They are also entitled to challenge their conviction in a court of law, questioning witnesses, challenging the accuracy of breathalyzer or blood alcohol tests and calling into question the admissibility of evidence. Anyone accused of drunk driving has the legal right to challenge their conviction and possibly win an acquittal.
Source: Newsplex.com, "SCOTUS ruling about DUI blood tests brings up Va. State law," Jessica Cunnington, April 18, 2013.
]]>The downspouts are typically about 30 feet long. Among the alleged targets of the two men were a local children's hospital and a Catholic church. A total of 11 incidents of stolen copper were reported in the area since March of this year.
]]> The theft of metals such as copper has increased with the global increase in the price of scrap metal. Items are typically stolen in order to be smelt down. Because of the value of scrap metals such as copper, a black market exists, which attracts potential thieves.The increase in the occurrence of copper theft has led to significant property damage. Some of the properties mentioned in this story included public facilities such as a children's hospital, and private religious institutions such as a Catholic church.
Regardless, anyone accused of committing an act of theft or larceny has the right to a presumption of innocence before guilt is proven beyond a reasonable doubt. Anyone accused of theft may question witnesses, attempt to exclude evidence against them, and defend their constitutional rights from the state's charges. Defendants in a larceny or theft case are entitled to defend themselves from potential imprisonment.
Source: Richmond Times-Dispatch, "Police arrest two men in copper thefts," Reed Williams, April 18, 2013
]]>The man confessed to traveling to Miami every two months to buy cocaine, which he would then trade for marijuana back home in Virginia. The judge certified two felony charges of possession of controlled substances with the intent to sell and transporting drugs into the state for consideration by a grand jury. Prosecutors withdrew a marijuana possession charge and a gun possession charge and the man is currently free on bond.
]]> Drug trafficking cases can be prosecuted at both the state and federal levels. The harshness of the penalties depends upon factors such as the amount and type of drugs trafficked and whether or not children were targeted. Drug trafficking offenses are treated as felonies and are typically punishable by three to five years in prison.Because drug possession and trafficking are treated as very serious offenses, a conviction can have severe consequences for the defendant. In addition to penalties such as imprisonment, a drug conviction can have consequences including impairment of employment and housing opportunities. Fortunately, anyone accused of these offenses is presumed innocent until proven guilty beyond a reasonable doubt. Every Virginia resident charged with drug crimes is legally entitled to a vigorous criminal defense with the ability to question witnesses, challenge the admissibility of evidence and attack the constitutionality of the search and seizure.
Source: The Daily Progress, "Charlottesville Judge certifies drug charges," April 11, 2013.
]]>The firehouse installed a hidden camera after $1,300 went missing. The 54-year-old firefighter was well-regarded by his colleagues, so his crime came as a surprise and a disappointment to them. The firefighter is currently in police custody awaiting trial.
]]> An unintended consequence to the offense of theft is the loss in reputation. The defendant in this particular case had a good reputation both in the community and among his co-workers, and this was irretrievably shattered by his alleged crime. He will likely never be trusted or held in the same esteem by society at large ever again. The permanent loss of reputation and esteem is an important consequence of a theft offense for people of stature in the community.Theft and/or larceny are serious offenses, and punishments can include prison time and large fines. Fortunately, anyone accused of a theft crime is entitled to an aggressive criminal defense and a presumption of innocence until proven guilty beyond a reasonable doubt in a court of law. The defendant has the power to question witnesses, challenge the admissibility of evidence, and call into question the constitutionality of the court's charges. A defendant accused of larceny has the right to fight for their freedom and their reputation in a court of law.
Source: NBC 12, "Goochland fireman arrested for theft," Yvette Yeon, April 4, 2013.
]]>The man allegedly broke into the car dealership in the early morning and stole a safe containing over 20 car titles and keys, and a flat-screen television. The man was also charged with stealing a laptop computer from the attorney's office, and the computer has since been returned. Police searched the man's residence after receiving an anonymous tip, and they arrested the man after obtaining a search warrant for his home. All but six of the titles have been returned.
]]> In cases such as this one, a defendant's right against an unreasonable search and seizure is relevant. Generally, police must have a valid search warrant to search a person's home and seize any contraband, unless the evidence is within their plain view, or a person who is able gives consent. These restrictions are in place to protect a defendant's Fourth Amendment constitutional rights.Anyone accused of larceny or another theft-related offense has the right to a vigorous criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. Defendants may challenge the admissibility of evidence, the constitutionality of the search and seizure of the evidence and question any witnesses provided by the state. In most cases, an experienced criminal defense attorney can help prepare the best defense possible to reach a fair result.
Source: Timesnews.net, "Lee County man arrested for Duffield car dealership robbery," Wes Bunch, March 25, 2013
]]>The woman remains at the hospital with non-life threatening injuries. It was initially reported that the two children she was carrying in her car at the time of the accident were her own two sons, but that has come into question. The two children remain at the hospital for their injuries, and the woman will be taken into custody after being released.
]]> This case is an illustration of the consequences that can accompany driving under the influence. While there were no fatalities, several people, including the two young children involved, were injured and required hospitalization. It is also important to note that the accident occurred on the interstate, where high speed limits increase the chance of serious injury from a car accident. Drunk driving is an offense that carries serious consequences for all involved, including the driver.Because of the substantial impact that the offense can have on the lives of all affected, driving under the influence is treated as a serious crime in the legal system. Defendants convicted of DUI may face jail time, large monetary fines, the suspension or revocation of their driver's license and the installation of an ignition interlock device in their car.
Because of the severe penalties for a drunk driving conviction, it is very fortunate that all of those accused have the right to a strong criminal defense. The defendants are entitled to question witnesses, challenge the admissibility of evidence or the accuracy of any field sobriety, blood alcohol or breathalyzer tests and challenge the constitutionality of the charges. In short, defendants accused of DUI have the right to prevent themselves from suffering a felony conviction and the subsequent negative consequences.
Source: FairfaxCityPatch.com, "Woman charged in drunk driving accident on Interstate 66," Erica R. Hendry, March 12, 2013.
]]>Credit card fraud is a crime that involves the stealing of another's identity for the purchase of items or goods. In this particular case, the alleged perpetrators were apprehended by law enforcement fairly quickly. In many cases of credit card fraud however, the defendants are able to do a great deal of damage by using the card fraudulently and charging debt to the victim's name.
]]> Regardless, defendants accused of credit card fraud are entitled to basic constitutional protections. For example, they must be read their Miranda warnings after being arrested so that their statements may be admissible in a court of law. Also, they must be advised of their right to counsel before any confession can be made. These protections ensure that the defendant's Fifth and Sixth Amendment rights under the constitution are not violated.Anyone accused of a theft or larceny-related offense is entitled to a strong criminal defense. The defendant has the legal and constitutional right to question witnesses, challenge the admissibility of evidence, and challenge the constitutionality of the state's proceedings or of the charges themselves. Anyone accused of theft or larceny has the right to fight for their freedom from incarceration and to exonerate themselves.
Source: WAVY.com, "Suspects arrested in VB credit card theft," March 12, 2013.
]]>Prosecutors originally charged the couple's 24 year-old daughter with harboring stolen merchandise and conspiracy, due to the fact that the thefts occurred while she shared an apartment with her parents, but later withdrew the charges. The couple allegedly stole approximately $100,000 worth of merchandise from the store, most of which was recovered by law enforcement. U.S. Immigration and Customs enforcement is reviewing the case.
]]> Felony convictions can lead to deportation for immigrants such as the couple in this case. A felony conviction can also lead to greater difficulty in finding employment, as many businesses are reluctant to hire felons. A felony conviction will prevent a person seeking naturalization from becoming a United States citizen. These are some of the consequences that being convicted of a theft crime or any felony can bring.Because of the severe immigration and employment consequences of a conviction for larceny and theft, it is fortunate that anyone accused of such crimes has the right to a strong criminal defense and a presumption of innocence before the law. The defendant may challenge the admissibility of evidence and the constitutionality of the charges and the court's proceedings, as well as question witnesses. The defendants have the legal right to fight the state's charges.
Source: The Virginian-Pilot, "Couple sentenced for thefts from Va. Beach T.J. Maxx," Kathy Adams, March 5, 2013.
]]>In this case, it is alleged that the woman grabbed the steering wheel, causing the crash. The woman was hospitalized along with four other people after the vehicle she was in ran off the road and flipped over. The woman has a court date set for this month. She was charged with misdemeanor DUI and reckless driving.
]]> For a defendant to be charged with drunk driving, he or she need not have been actually driving the vehicle, as this case demonstrates. All that is needed is for the defendant to have been in control of the vehicle in some fashion. In a similar case from the past, the Virginia Court of Appeals upheld the DUI conviction of a man who grabbed a steering wheel while drunk.In Virginia, people suspected of drunk driving are afforded certain rights. For example, they are not required to submit to breathalyzer or field sobriety tests, but they must submit to a blood alcohol test at the police station. If convicted, they face penalties such as jail time, fines, and license suspension/revocation.
Because of this, it is crucial that defendants accused of driving under the influence have a way to defend their rights from the state's charges. Fortunately, they have a legal and constitutional right to do so. They may challenge the accuracy of any field sobriety, breathalyzer, and blood alcohol tests, question witnesses, and challenge the admissibility of any evidence or statements provided by the state. This is the path that defendants may take to clear their name of the accusation.
]]>The burglars hit six different homes over a three-day spree, all of which were located within ten minutes of each other. The four burglars face a total of 22 felony charges.
]]> Burglary is a serious crime that involves the breaking and entering into the home of another person with the intent to commit a felony inside, such as murder or larceny. This element of breaking and entering must be present in order for a defendant to be successfully convicted for this crime. The attempt must be successful, and a felony must be committed inside the dwelling.Defendants in all criminal cases are entitled to have their constitutional rights respected. The evidence offered against them must not be from an illegal search or seizure, and they must be given their Miranda warnings before their arrests. They also have a right to speak with counsel regarding their arrests, and to confront their accusers in a court of law.
Anyone accused of burglary, theft, or larceny is entitled to an aggressive criminal defense. The defendants in question have the right to challenge the admissibility of evidence, question any witnesses, and question the constitutionality of the charges against them or of the court's proceedings. Anyone accused of a theft crime need not submit to the charges without a fight, but may use the evidence in an attempt to get the charges reduced or thrown out entirely.
Source: NBC 12, "Chesterfield Neighbor helps police nab serial burglary suspects," Chris Thomas, Feb, 20, 2013
]]>Current Virginia law gives one to five-year prison sentence for those who legally purchase handguns to give to ineligible persons. The bill being considered would lengthen the sentence to two to 10 years, and would also impose a one-year confinement for those who make these straw man sales transactions with the goal to sell the firearms outside Virginia. The second bill would mandate a prison sentence between five and 20 years and a $100,000 fine for bringing explosives or firearms near schools with the intent to commit a violent crime.
]]> The feasibility of crackdowns against gun crime should be considered against the Second Amendment right to bear arms. Gun ownership is a vital and entrenched cultural tradition among much of the public, so any crackdown such as the one in Virginia must target illegitimate behavior, such as the straw man practice of buying weapons to give to someone ineligible to possess them, and must not target legitimate uses of weapons. This way, the constitutional right to bear arms is protected while gun crimes are punished at the same time.Regardless of the penalties imposed by authorities, anyone accused of a firearm or weapons-related offense is entitled to a vigorous criminal defense and is considered innocent until proven guilty beyond a reasonable doubt. The defendant may question witnesses, challenge the admissibility of evidence and question the constitutionality of provided statements. Anyone accused of a weapons crime has the legal and constitutional right to fight for his or her freedom from incarceration.
Source: The Virginian-Pilot, "Tougher gun crime penalty bills clear Va. Senate panel," Julian Walker, Feb. 13, 2013
]]>In weapons cases, it is important to examine whether or not the evidence was properly obtained by law enforcement, because it can mean the difference between a conviction and an acquittal. For the search and seizure of a weapon to be constitutionally valid under the Fourth Amendment, police must either have a valid search warrant, the weapon must be within plain view of the officer or there must be exigent circumstances such as the hot pursuit of a suspect.
]]> Also relevant is the confession of the defendant. A confession may be suppressed as violating the Fifth and Sixth Amendments of the constitution if the defendant is not read his Miranda rights advising of the right to counsel and of the admissibility of statements in court.Any defendant accused of a weapons crime is entitled to a strong criminal defense and is presumed innocent until proven guilty beyond a reasonable doubt. In addition to questioning witnesses and challenging the admissibility of evidence, the defendant may also challenge the constitutionality of the search and seizure involved in the case. Anyone accused of the felony of weapons possession is entitled to defend their freedom and reputation.
Source: WVAY.com, "Man runs from officers, drops handgun," Feb. 4, 2013
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