Clear, unambiguous and unequivocal. There you have it. As of June 4, 2009, this is the standard by which your request for an attorney is measured. Zektaw v. Commonwealth. Mr. Zektaw was charged with rape, attempted sodomy, abduction, and assault and batter. Shortly...
Stalking
Stalking is a crime that is taken seriously. Stalking can result in jail time and most likely will result in a protective order being issued against you. Not only will the protective order show up on a criminal records search, it will interfere with your right...
How Many Pardons Make a “Flood?”
The former governor of Virginia, Tim Kaine, granted 53 "simple" pardons, three "absolute" pardons, eight "conditional" pardons and restored voting rights to over 1,300 felons in 2009. This was described in the local paper as a "flood." I am unsure how 53 pardons in...
What’s the Big Deal About Reckless Driving?
This is a question that comes from many non-Virginians. Reckless Driving in other states is treated as a mere traffic infraction...something that passes eventually and you are not permanently damaged by a finding of guilt.In Virginia, reckless driving is Class One...
What Do You Do?
You have the right to remain silent, to consult with an attorney, and to be free from unreasonable searches and seizures by law enforcement. These are you constitutional rights that you have every right to assert when you have an encounter with law enforcement. First...
Expunge Your Record
Virginia Code § 19.2-392.2 provides the skeleton of what it takes to be eligible for an expungement. The final disposition of the case must be acquittal, nolle prosequi, or "the charge [was] otherwise dismissed." "Otherwise dismissed" is the disposition that typically...
Restoration of Civil Rights
If you were convicted of a felony, restoring your civil rights is the first door to get through to obtain a pardon and to have your right to possess a firearm restored. The restoration of rights restores the rights to vote, to run for and hold public office, to serve...
Restoration of Firearm Rights
Va. Code § 18.2-308.2 prohibits a person who has been convicted of a felony from possessing or transporting a firearm. Likewise, if you were adjudicated delinquent as a juvenile 14 years of age or older at the time of an offense of murder, kidnapping, robbery by the...
Juvenile Adjudications Aren’t Child’s Play
The consequences of "adjudications of juvenile delinquency" are severe. If a juveniles adjudicated delinquent for a crime that would be a felony if committed by an adult saddles that kid with the label "FELON" for the rest of his life. If a juvenile 14 years of age or...