The young man became a suspect when a Fairfax County woman reported in April that her purse had been stolen. She claimed the 20-year-old stole the purse as a form of retaliation after her son testified against the suspect in a previous theft trial. After the woman made her report, the police put the young man under surveillance and apparently observed him breaking into two garages.
]]> According to a search warrant, the woman's purse was found about 100 yards from the 20-year-old's home. However, it was unclear in a news report whether police can actually link the purse to the suspect.The same search warrant includes a statement from the suspect's former girlfriend, who said he broke into vehicles and sold stolen property online. Whether her statement can be substantiated remains to be seen.
As of now, the 20-year-old has been charged with two counts of grand larceny, two counts of burglary and one count of possession of burglarious tools. He was convicted previously of stealing a gun from a car in Fairfax County, so the current charges pose a serious threat to his freedom.
Because theft crimes carry severe penalties in Virginia, anyone who has been accused of such crimes should be fully prepared to fight the allegations in court. Police investigations are often flawed, and a strategic criminal defense will seek out those mistakes and ensure the protection of the defendant's rights.
Source: The Washington Post, "Possible serial burglar caught in Fairfax County: police," Justin Jouvenal, May 5, 2012
]]>Up until recently, the high court had not established a clear definition of DUI in cases involving a parked car. This recent ruling, however, makes a clear distinction.
]]> According to the court, if an intoxicated person is sitting in the driver's seat of a vehicle that is on a public roadway with a key in the ignition, that person is "in actual physical control of the vehicle and, therefore, is guilty of operating the vehicle while under the influence of alcohol."So what does the decision mean in terms of DUI charges statewide?
Essentially, if a person is suspected of drunk driving while in a parked motor vehicle, prosecutors will have to prove that a key was in the ignition. If a key was not in the ignition at the time of an arrest, then a DUI conviction is unlikely.
The state Supreme Court's decision came in a case involving a man who was found sleeping in his car. The arresting officer, from Arlington, claimed the man smelled of alcohol when he emerged from his vehicle. The officer also said that the defendant's keys were in the ignition, but the officer couldn't remember if the keys were in the "on" or "off" position at the time.
On the question of whether the "on" or "off" position was relevant to the DUI charge, the high court ruled that it didn't matter whether or not the ignition was turned on. According to the court, since the key was in the ignition, the man was in control of the vehicle and thus guilty of DUI.
Source: The Washington Times, "Key in ignition of parked car ruled enough for drunken-driving charge," David Sherfinski, April 15, 2012
]]>According to police, the man was walking on Interstate 66 when a state trooper stopped his cruiser nearby. For reasons that aren't exactly clear, an Arlington County police officer was also on the scene to help.
]]> The 37-year-old apparently became upset, banged on the state trooper's car and ended up striking the Arlington officer in the face. Somehow, the man then got inside the Arlington officer's car and sped away.A chase ensued, and state troopers and police from Fairfax and Prince William counties finally forced the stolen police cruiser onto the shoulder of the interstate where the vehicle finally came to a stop.
At that point, the 37-year-old left the police cruiser behind and leapt into the bed of a nearby pickup truck that was stopped on the road. As authorities blocked off all westbound traffic on I-66, the man is said to have picked up a shovel and swung it at police.
He eventually dropped the shovel, but his fear of being arrested apparently took over again. He jumped out of the truck and tried to climb over a nearby cement wall.
The man is accused of fighting with police after they caught up with him. In addition to the carjacking and grand larceny allegations, he is also up against two counts of destruction of property, one count of eluding police, two counts of malicious wounding and six counts of assaulting a police officer.
Clearly, this man did not want to go to jail. There may be a significant amount of evidence against him, but that doesn't necessarily mean there aren't mitigating factors that could result in a reduction of charges. In similar situations, a strong criminal defense will uncover those factors, and a solid plea agreement may be a viable option.
Source: insidenova.com, "UPDATED: Man in stolen police cruiser leads authorities on wild I-66 chase," David Pierce, April 19, 2012
]]>The 60-year-old teacher has been suspended without pay from his job at a Virginia vocational school. He is accused of using a "blank-firing handgun" to induce fear in 12 students whom he apparently lined up beside a garage door of the school's welding shop. The gun in question is a starter pistol, which means it is only equipped to fire blanks, but it is nonetheless classified as a weapon.
]]> According to the local sheriff, after the teacher lined up the students, he pulled the starter pistol from his waistband and fired 12 blanks in the direction of the garage door. The sheriff went on to say that the sound of the blanks induced fear in the students, thus under Virginia law the teacher was charged with brandishing a firearm on school property.The 60-year-old is facing 12 felony counts -- one for each student -- and each charge, upon conviction, could carry a prison sentence of up to five years or a fine of $2,500 or both.
While the weapons charges against the man are very serious, that doesn't necessarily mean he intended to harm the students. Sometimes an otherwise rational person has a lapse in judgment that leads to criminal charges, and that may be the unfortunate case here.
Source: ABC News, "Teacher Charged With Firing Blanks Pistol at Students," Russell Goldman, April 23, 2012
]]>Lawmakers are beginning to recognize the complexities involved in such crimes. Across the U.S. laws are shifting to address the core issue of addiction that many drug charges stem from. Some states are setting up programs that require first-time drug offenders to enter treatment programs in lieu of stiff prison sentences.
]]> These changes are in line with the feedback received from voters on a poll conducted by the Pew Center on the States. Taxpayers were asked if they agree with the statement, "Some of the money that we are spending on locking up low-risk, nonviolent inmates should be shifted to strengthening community corrections programs like probation and parole." Results of the poll showed that 85 percent of voters agreed.Other results from the research indicate that:
The changes taking place in many states across the U.S. address a growing focus on providing individuals charged with drug crimes with an opportunity to break free of the cycle of addiction. Sober adults who prove their ability to act as law-abiding citizens are able to rejoin the workforce, assist in raising their own children, learn from their mistakes, and avoid burdening on taxpayers.
Source: The Hill, "Taxpayers should demand cost-effective crime policies," Julie Stewart, April 17, 2012
]]>The new law, which was passed quickly by legislators, will go into effect in July and is expected to quadruple the number of Virginia residents required to install ignition interlock devices in their vehicles. That means about 18,000 people statewide will have to pay $480 for the installation of the device, which will stay in people's cars for six months.
]]> Critics of the new law say it won't help matters, since many people who are convicted of DUI won't be able to afford both the $300 fine and the price of the interlock device, meaning the law could have a disproportionate financial effect on the community. It's also expected that the court system will be bogged down with more cases going to trial. Additionally, critics suspect that more people will simply choose to drive without a license.As of now, a DUI conviction usually results in a fine, a one-year suspension of driving privileges and mandatory alcohol-education classes, which the convicted person must pay for. In some cases, though, a judge will waive the alcohol classes or allow a person to drive to work or school on a restricted license.
But according to the new legislation, drivers have to install an interlock device in order to receive permission to drive on a restricted license. In addition, the new law doesn't allow for a judge to waive the $480 fee for installing the interlock device.
Starting in July, if you are convicted of DUI in Virginia, you must blow into a Breathalyzer in order to start your vehicle. If alcohol is detected, the ignition will be locked and the vehicle won't start. The system also includes "rolling tests," requiring drivers to blow into the Breathalyzer while on the road.
Source: newsleader.com, "Va. requiring ignition locks after first DUI," April 10, 2012
]]>As many Virginia readers are aware, the recent shooting of teenager Trayvon Martin has gained a great deal of media attention. According to the Pew Research Center's Project for Excellence in Journalism, about 20 percent of the total news space was devoted to the incident. From March 19 to March 28, MSNBC devoted nearly half its coverage to the shooting. In comparison, the case made up 40 percent of CNN's coverage and 15 percent of Fox News'. Perhaps more important than the amount of coverage is the way in which details have been disputed by more partisan corners of the media.
]]> Many people following this story have gotten radically different accounts of what happened depending on the news source. In some reports, Martin has been portrayed as an innocent victim of racially charged violence, and other sources have focused on his Internet postings, portraying him as a streetwise young man who might provoke a confrontation.George Zimmerman, the neighborhood watch captain who shot Martin, has been portrayed as a racist would-be cop who used racial slurs on the 911 phone call that was made during the incident. Other accounts deny any racial slurs on the 911 tape, and portray Zimmerman as a mixed-race man who acted in self defense.
The shooting has become a racially charged event that undoubtedly deserves a great deal of attention to determine what really happened. No matter what the pundits say, anyone accused of a crime is afforded certain protections under the law. As we search for answers, will the media affect how we believe the events played out? Is a fair and just trial possible for Zimmerman? Will the biases that have been formed by the media coverage affect the result? These are questions Virginia residents may want to consider as the case makes its way through the court system.
Source: Los Angeles Times, "Media gives ample coverage, little clarity to Trayvon Martin case," James Rainey, March 31, 2012
]]>Such a system is generally frowned upon and even illegal in some states, since quotas take away discretion from police officers, requiring them to meet particular numbers rather than assess each situation accordingly. Quota systems in law enforcement too often result in wrongful arrests and crowded courtrooms.
]]> According to a local news report, the memo was made public by an Arlington County police officer who chose to remain anonymous.The Arlington County police chief held a press conference and officially rescinded the memo. He said it was a mistake to use specific references to averages and to quantify arrest goals. The chief issued a new memo, indicating that the first one wasn't meant to set quotas. However, it was unclear how that could be the case.
Other members of the community expressed concern over the police employing a quota system, saying there was a noticeable increase in tickets and police activity at the end of each month. There was also concern that police were being pushed to write tickets and arrest people only to raise money for the county.
With these issues in mind, Virginia residents who are facing criminal charges will want to ensure that all of the rights of the accused are protected in court. After all, prosecutors need more than a charge and a suggestive police report to obtain a conviction; prosecutors must have evidence.
Source: WUSA9.com, "ONLY ON 9: A Ticket Quota In Arlington?" Peggy Fox, March 20, 2012
]]>The police claim the 18-year-olds entered a home in Woodbridge in what was termed a barricade burglary. According to police, one suspect was arrested at the scene and later charged with two counts of burglary and two counts of grand larceny of a firearm.
]]> The other man, who is from Dale City, was said to have fled on foot. Remarkably, authorities claim he ran away a second time after police stopped a car he was in. He was arrested several days later at a home in Woodbridge and was taken to jail without incident.However, his case became more complicated when it was apparently discovered that he carried a handgun into the Prince William-Manassas jail. Police claim the gun was found in his rectum. Authorities say the small .22-caliber weapon is one of three firearms that were missing after the alleged burglary. The young man was charged with possession of a concealed weapon by a prisoner, possession of a concealed weapon and possession of a firearm by a convicted felon.
Authorities also claim the 18-year-old who is facing weapons charges is also connected to another burglary in Woodbridge, but exactly why police have made that connection was not made clear in a local news report.
Both of these young men are facing very serious charges, and the circumstances of each arrest must be fully analyzed to determine the best options for a criminal defense. Burglary, larceny and weapons charges can result in significant jail time upon conviction. That is why every arrest for such allegations must be scrutinized for mitigating factors that could warrant a reduction or dismissal of charges.
Source: insidenova.com, "Second man arrested in Woodbridge barricade burglary," David Pierce, March 6, 2012
]]>The 50-year-old dentist, who owns a practice in Oakton, has been charged with the illegal distribution of narcotics. According to the charges, he obtained pain prescriptions illegally, and then distributed the drugs to patients and a girlfriend, as well as used the medication himself.
]]> The news report did not mention the name of the drugs, other than to say they were pain medications and sedatives.The criminal complaint claims the dentist indicated to friends that he gave drugs to his dates to help them pass out. The prosecution also claims the dentist took sexually explicit photos of the women.
The charges against him began with a complaint from one woman with whom he had a two-year relationship. She claimed that he provided her with drugs that were unrelated to any dental treatment.
Former patients also claimed that the dentist prescribed pain medication and then asked that any unused pills be returned to him. The prosecution asserts that, over the period of about three years, the dentist obtained nearly 2,000 prescriptions illegally.
Dentists are, in many cases, allowed to prescribe medication for legitimate reasons such as pain management. It remains to be seen whether all of the dentist's prescriptions were actually illegal. Nevertheless, he is facing serious criminal drug charges, as well as a possible medical license suspension. If convicted, he could serve up to 20 years in jail.
Virginia residents with similar concerns will want to keep a close eye on the case as it proceeds in court.
Source: NBC, "Dentist Accused of Illegal Drug Distribution," March 16, 2012
]]>The veteran was feeling desperate and suicidal, and when he called for help, he disclosed that he was in possession of a weapon. When authorities arrived at the scene, which was near the Virginia Tech campus, they arrested the veteran for being in possession of a homemade gun.
]]> However, veteran advocates denounced the prosecutors' decision to file criminal charges against the man, who was actually using the proper channels to seek help.A judge granted a request to postpone the case for six months while the man enrolls in Veterans Treatment Court and completes a supervised program. If he completes the program, the four felony charges against him will be dismissed.
The man's public defender pointed out that the help line for veterans was supposed to be confidential, meaning the veteran's constitutional right to due process was not upheld when the counselor on the phone disclosed information that led to the criminal charges.
Advocates for veterans and the mentally ill also noted that prosecuting the veteran could effectively discourage other veterans from seeking help through the crisis line.
As Virginia residents know, being convicted on a gun charge can carry serious consequences, especially if the accused person is already a convicted felon. But not everyone who is accused of a weapons violation is guilty, and individuals who are facing such a charge will want to carefully analyze the circumstances of an arrest to ensure that the rights of the accused are upheld in court.
Source: Roanoke Times, "Suicidal veteran charged with weapons violations is allowed to enroll in treatment program," Laurence Hammack, Feb. 27, 2012
]]>The jury also found the defendant guilty of grand larceny. According to the state of Virginia, the charge of grand larceny is reserved for cases in which an item that is said to be stolen is valued at $200 or more. The defendant in this case was found guilty of taking the victim's laptop computer after her death. However, if an item is stolen directly off another's person, the property value must only exceed $5 for the charge of grand larceny to be filed. Since the laptop was valued at over $200, the defendant was charged with grand larceny.
]]> Sentencing guidelines dictate that a second-degree murder conviction in Virginia must carry five to 40 years in prison. The recommended sentence for larceny is one to 20 years. While the jury in the case of the lacrosse player reportedly recommended the minimum one-year sentence for the larceny charge, along with a middle-of-the-road sentence of 25 years for the murder charge, the presiding judge is not obligated to follow the jury's recommendation. Attorneys for both the defense and prosecution will appear in court on April 16 to try to influence the judge's sentencing.Ensuring due process and enforcing the letter of the law is the job of criminal defense attorneys. Though a not-guilty verdict is not always possible, the significant reduction of charges and sentencing can be its own kind of saving victory for many defendants.
Source: sbnation.com, "George Huguely found guilty: prison sentence to follow," David Fucillo, Feb. 22, 2012
Source: sbnation.com, "George Huguely trial: jury recommends 25-year sentence for murder charge," Russ Oates, Feb. 23, 2012
]]>Opponents of the bill pointed out that not everyone can afford to have the device installed in their vehicles. The cost of installation is said to be several hundred dollars, and the device must stay in the vehicle for a minimum of six months. Virginians who have been convicted of DUI will have to blow into the ignition interlock device before starting their cars. If any alcohol is detected by the device, then the person's vehicle won't start.
]]> Clearly, the state government means to crack down on drunk driving. While the consequences of a DUI conviction are becoming more severe, Virginia residents who are facing a DUI charge will need a strong criminal defense to help ensure that the rights of the accused are upheld in court. Breathalyzer tests and field sobriety tests are not as accurate or telling as prosecutors would like us to believe. That is why a meaningful DUI defense will call into question the claims of a police report, placing the full burden of proof on the prosecution and not the defendant.Source: wric.com, "Ignition Interlock Bill Passes Va. Senate," Feb. 15, 2012
]]>That may be the case for one man from Sterling who was recently accused of assault. Police issued a warrant for the man's arrest after one of his co-workers told police that he assaulted her. The female employee claimed that she and the 30-year-old man got into an argument while at work in Vienna. She said the man assaulted her during the argument. The nature of the alleged assault was not disclosed in a local news report, nor was it indicated whether the woman suffered any injuries.
]]> To his credit, the accused man went to the Vienna police station to discuss the case after the warrant was issued. Based on the warrant, police then arrested the man and put him in jail at Fairfax County Adult Detention Center. Whether he was eventually released was not stated in the news report.When assault charges are filed, it is important for a criminal defense to look carefully at the circumstances of the incident in question. One person's word against another's is not enough to convict a defendant. Rather, there must be undoubted evidence for a court to find a person guilty, and a strategic criminal defense will seek to raise that doubt.
Source: wusa9.com, "Cricket Store Employee Arrested For Assaulting Fellow Worker," Meta Pettus, Feb. 3, 2012
]]>With these concerns in mind, readers in Fairfax may want to take a look at what is known about a case involving two young men who were arrested recently near Manassas on a number of drug charges. Police claim that the men, both 22, were the subject of a narcotics investigation into the distribution of marijuana.
]]> Police have charged the young men with possession with intent to distribute marijuana over five pounds, transporting drugs into Virginia and conspiracy to violate the Drug Control Act.As Virginia residents may know, police and media reports often assume an open-and-shut tone with regard to criminal charges. However, the truth is that charges are not the same as guilt. If the men in this case were the subject of an extended investigation, then the police may have a considerable amount of evidence against them. But any police investigation must follow specific rules that, if broken, could result in the charges against an individual being thrown out. In addition, police reports and prosecutors' complaints are often written with extreme bias against the defendant, and that means a strong criminal defense must fight against the overcharging and over-sentencing of an accused individual.
A court date of March 16 has been set for the two young men in this case. Between now and then, they must collect their wits and mount the vigorous criminal defense to which they are entitled.
Source: insidenova.com, "Two charged after drug bust near Manassas," David Pierce, Feb. 7, 2012
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