Fairfax Criminal Defense Blog

There is not always a straight line between being arrested and sentenced. A number of possibilities exist within the Commonwealth of Virginia for sentencing, which include alternative sanctions and accord and satisfaction. The severity of the crime is considered, as well as the impact on the victim in each case. But the bottom line is, you may not wind up with jail time or you may even have your case dismissed!

This year, several changes were made to Virginia law, many of which could affect the choices people make on an everyday basis. Some of the more notable shifts include the removal of ticket quotas for law enforcement and changes to penalties for marijuana possession.

Although recreational marijuana use has been legalized in Virginia, you can be charged with DUI for driving under the influence of marijuana. It is a somewhat confusing situation because you can still test positive for marijuana use after the effects of its use have worn off.

Are you a first offender? If so, the disposition (also known as the final outcome) for your criminal case may be eligible for deferral in Virginia. That can be advantageous for you because it is possible for the charges against you to ultimately be dismissed.

When someone you care about does something that causes you to need a protective order, it can be terrifying. You may fear that they will attack you again or try to get you to retract your allegations. It’s important to have legal counsel on your side during this difficult time.

Learning a protective order has been issued against you can be shocking. You may wonder what effects it will have on your life—both personal and professional. Will it show up on background checks and make it more difficult for you to get a job? Will you have a criminal record? You may feel wronged or tempted to take steps to resolve the matter. The best thing you can do is work with an attorney with a great deal of experience in domestic violence matters.

Most people get a speeding ticket at some point in their lives. Some people think it’s no big deal because the Commonwealth’s Attorney (prosecutor) chooses not to get involved in speeding infractions in Fairfax County. While that sounds good, it really is not, because now you are going directly before a judge without having an opportunity to negotiate your case with a prosecutor in an effort to work the case out favorably. 

Rapid accumulation of demerit points on your Virginia driver’s license can cause you to lose your driving privileges temporarily. And points for routine traffic infractions can also add up until you’re forced to attend a driver improvement clinic.

Maybe you’ve heard the phrase “one wrong turn is all it takes.” Usually, that refers to the danger of a slippery slope in bad decisions: You make one bad choice, and others follow. Good criminal defense lawyers know that doesn’t always happen. Good people can make bad decisions and set their lives on a different path after a mistake. Changes from 2021 to Virginia law support that idea.

“Everything was just a big misunderstanding” or “I just wanted him or her out of the house” or “I did not want anyone to be arrested.” Many criminal defense lawyers for domestic assault cases hear these phrases uttered by their clients. However, getting criminal charges dropped for domestic assault in the Commonwealth of Virginia prior to the court date is highly unlikely, if not impossible. Why is that, and what can you do?

Let’s say you went to visit a friend. You had a lovely evening and drank part of a bottle of wine that you really liked. Your friend offered the remainder of the bottle to you. Thinking nothing of it, you propped the bottle on the passenger seat and started driving home. Then, you get pulled over. You pass the field sobriety tests and the breath test, but you have that bottle of wine in your car. Do you get charged with “possession of open container while operating a motor vehicle"?

There is a way that you can drive on a restricted license. You may be eligible for an ignition interlock device to be installed on your vehicle. An ignition interlock device is like a breathalyzer that’s installed in your vehicle. You must blow into the device and pass the breath alcohol content test for your vehicle to start.

Domestic assault and battery charges make an abrupt change in the lives of whoever was involved in the incident. Protective orders play a large role in these changes. If granted, a protective order not only prohibits contact between parties involved in the domestic assault and battery case, but also can result in the petitioner (victim) being granted sole access to a formerly shared residence or vehicle and sole custody of children and pets.

With the legalization of marijuana for recreational use in Virginia, many people don’t understand that it’s still illegal to drive while consuming marijuana or after marijuana has been used. There are, however, some differences when it comes to driving while under the influence of marijuana versus driving under the influence of alcohol.

When someone is convicted of drunk driving, the amount of alcohol present in their bloodstream can affect the severity of the punishment in Virginia. Someone with a very high Blood Alcohol Concentration (BAC) will receive a harsher penalty than someone with a lesser BAC.

The punishment for subsequent DUI offenses becomes more severe as the number of offenses increases in Virginia. It becomes progressively difficult to convince the court that the offender made a simple mistake because it begins to be seen as a pattern of behavior.

Driving under the influence (DUI) is treated very seriously in Virginia. Even a first offense results in the suspension of the driver’s license, and your arrest for DUI is reported to the Criminal Records Exchange—which means that you may wind up with a criminal record.

In Virginia, a charge of reckless driving isn’t just about paying a fine and moving on with your life. It’s a charge that has significant criminal teeth.  Many people underestimate the seriousness of a reckless driving charge and find themselves surprised by the consequences when they appear in court. Don't let that happen to you.

What if confusion at the scene led the police officer to reach the wrong conclusion, arresting someone as an aggressor when really, they had been trying to stop the violence? Police officers use information they gather at the scene—including severity of injuries, environmental factors, and more—to make their determinations, and it is possible that they can make errors.

The penalties for domestic assault in Virginia are serious and numerous. However, if you have been charged with domestic assault and you meet certain conditions, you may be eligible to participate in the deferred disposition program.

When police are called to a residence where a domestic disagreement is under way, there’s often a lot of confusion and tensions are high. And, because special circumstances surround the way that charges are pressed for Domestic Assault and Battery in Virginia, those charged would benefit from the services of a criminal defense attorney—and victims are also encouraged to hire lawyers.

Being charged with domestic assault and battery in Virginia can upset your life even if it’s your first offense—but your second or third offense could lead to stiffer penalties.

While it is important for juveniles to be educated and held accountable for their actions if they break the law, Virginia’s juvenile justice system treats offenders differently than it does adults. In many cases, being held accountable means going through rehabilitation or education programs that steer offenders to make different choices as they go forward in life.

If you've been charged with credit card fraud in Prince William or Fairfax County in Virginia, you may be charged with a misdemeanor or felony, depending on the value of items (or services) fraudulently obtained (or withheld). A criminal defense attorney can help.