Currently, there are approximately 377,000 residents of Virginia who cannot vote as a result of a felony conviction. It's estimated that about 300,000 of those individuals have completed sentence. The effect of a felony conviction in Virginia is severe and life long...
What Happens When Cross Your Arms and Make a Threat?
The short answer to that question is that you may find yourself convicted of assault. Here's the story, around May 7, 2007, a bus driver and parent disagree about the treatment of that parent's child. The child was not allowed to ride the bust for a few days. The next...
Solicitation of Prostitution
Solicitation of Prostitution is defined by Va. Code § 18.2-346(B). This statute provides "a person who offers money or its equivalent to another for the purpose of engaging in fornication or adultery, or any act in violation of Va Code § 18.2-361, and thereafter does...
Score One for the Sixth Amendment
The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right [among other things] [t]o be confronted with the witnesses against him." Once upon a time in Virginia, you could go to jail based on the words and numbers written on a...
What Part of “I WANT A LAWYER” Don’t You Understand?
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...