Non-Criminal Proceedings in Criminal Cases
We admit the title is confusing. But this post covers an important area of law. Criminal arrests often spawn civil proceedings. These civil proceedings often have direct and collateral consequences which are just as bad as a criminal conviction. Significantly, many Constitutional rights don’t apply in civil proceedings, so these matters are difficult to defend.
The nature of these proceedings often requires a Leesburg criminal defense lawyer to use a different approach. Since most procedural defenses are unavailable, the strategy must focus on substantive or affirmative defenses. A substantive defense is, quite simply, a lack of evidence. These defenses are difficult to win, because the burden of proof in civil matters is lower. Affirmative defenses include consent and law enforcement entrapment. These defenses aren’t easy to win either, mostly because they have so many moving parts.
DUI Drivers’ License Suspension
In Virginia, a chemical test refusal or failure usually triggers the administrative license revocation (ALR) process. Drivers have a right to refuse to provide breath or blood samples, but their refusals have consequences, including drivers’ license suspension.
Post-conviction drivers’ license suspension is a condition of probation and therefore a criminal matter. But pre-conviction drivers’ license suspension is a civil matter. Fortunately, several different responses are available.
One is to challenge the suspension’s legality. Limited procedural defenses are available in these cases, such as a lack of reasonable suspicion for the stop or a lack of probable cause for the chemical test request.
An occupational (limited) drivers’ license is another option. These licenses usually allow defendants to drive for limited purposes, such as to and from work.
The kind of response doesn’t matter much, but a Leesburg criminal defense lawyer must respond to a pre-conviction suspension in some way. Driving While License Suspended (DWLS) is a misdemeanor that’s almost as serious as DUI. So, even if a Leesburg criminal defense lawyer “beats” the DUI, the defendant still faces serious criminal charges.
Incidentally, a drivers’ license suspension doesn’t end when the period of suspension expires. Drivers must take affirmative steps to reinstate their licenses.
DUI and Drug Forfeiture
Virginia has broad ALS laws, and it also has broad civil forfeiture laws. These laws allow authorities to seize almost any property connected to criminal activity. This category could include a car used in a DUI or a house bought with drug money.
The Supreme Court recently limited the scope of civil forfeiture laws. But the laws themselves are still enforceable. Much like ALS allows authorities to suspend licenses without convictions, forfeiture laws allow authorities to seize property, even bank accounts, whether or not the defendant has been convicted of a crime.
Tracing could be a defense in drug forfeiture cases. If the defendant accounts for every penny that went into the purchase, the judge might throw the forfeiture matter out of court.
Usually, a buyback is a better option. The defendant offers to pay less than full value for the seized property, and prosecutors, in return, agree to surrender their interest in that property. Buyback proposals are based not on the property’s fair market value but on its likely auction value, which is usually significantly lower than the fair market value.
Reach Out to a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
Source:
archives.gov/founding-docs/bill-of-rights/what-does-it-say
