Category Archives: Criminal Defense
Officials Credit Special Enforcement Campaigns for Violent Crime Reduction
Virginia Attorney General Jason Miyares says the violent crime rate in the Commonwealth is down 11 percent since 2023, largely thanks to a pair of special law enforcement campaigns. In a special ceremony, Miyares joined Governor Glenn Youngkin to tout the programs’ accomplishments on the two-year anniversary. Speaking before a crowd of law enforcement,… Read More »
Jail Release in Accidental Weapons Possession Cases
“Accidental” weapons, drugs, and other contraband possession cases are very common. In criminal court, possession has three elements (close proximity, actual knowledge, and exclusive control). But at the arrest phase, possession only has one element (general proximity). If Mary is driving her husband’s car and she doesn’t know about the handgun in the glove… Read More »
Non-DUI Alcohol Infractions in Virginia
Halloween is the first of a series of major fall/winter holidays. It’s also the beginning of drinking season, a time when alcohol consumption vastly increases. Drinking season usually lasts from Halloween until New Year’s Day. Many people drink more than they should to celebrate the holidays. Other people drink excessively to dampen the depressing… Read More »
Five Kinds of Reckless Driving in Virginia
Since 2014, the number of fatal traffic collisions in Virginia has increased 24 percent. To reverse this trend, many local law enforcement agencies actively target reckless drivers. A reckless driving citation is much worse than a traffic ticket. Reckless driving is a misdemeanor that carries the possibility of jail time. Additionally, reckless driving citations… Read More »
NY Authorities Arrest Wanted VA Man
In October 2024, Ithaca Police Department officers arrested a 32-year-old Virginia man in connection with a probation violation warrant. According to the Ithaca Police Department, after they received an anonymous tip, officers found the defendant at an apartment complex on the 100 block of East Green Street. Police say he was wanted by the… Read More »
What Are the Three Standard Field Sobriety Tests (FSTs)?
In the late 1970s, when DUI enforcement was sporadic at best, the National Highway Traffic Safety Administration developed a three-test battery to assess a suspect’s ability to multitask mentally and physically, and therefore safely drive a vehicle. Police officers arrest suspects, often whether or not they pass a chemical test, if they observe a… Read More »
Significant Uptick in Drug Arrests in 2023
Lawmakers’ attitudes about drugs may have changed, but law enforcement attitudes haven’t.. In fact, their anti-drug campaigns went up a notch in 2023. Categorically, the largest increase was the number of individuals arrested for drug arrest charges under the age of 18, which increased by 51 percent between 2022 and 2023. Overall arrest figures… Read More »
Can You Get a DUI Off Your Record in Virginia?
In a few cases, yes, but in most cases, it’s complicated. Virginia has a broad record expunction and sealing program. Expunged records almost literally disappear, and sealed records disappear for most purposes. However, such relief is unavailable in most DUI matters. Nevertheless, relief is available in this area, so a DUI conviction need not… Read More »
Long Arm of the Law Nabs Murder Defendant
Peace officers in Palm Coast, Florida, stopped a 43-year-old man for running a stop sign and arrested him on an outstanding murder warrant from Virginia. The defendant had been living in Palm Coast since 2022, according to the sheriff’s office. He was in the Flagler County jail Friday awaiting extradition to Virginia on charges… Read More »
Resolving Reckless Matters in Virginia
Traffic enforcement dropped off almost everywhere during 2020 coronavirus lockdowns. However, in Virginia, that 2020 drop was part of a long-term trend. Since 2018, traffic enforcement has dropped 20 percent in Virginia. Probably not coincidentally, the number of fatal crashes has increased by nearly the same amount during this period. Many police officers are… Read More »