Criminal Charges - you are not alone, we are here to help

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Drug Charges

DWI, Driving While Intoxicated

DWI, Driving While Intoxicated

Drugs are separated into different categories called 'schedules' in Virginia. The schedule of drug you are charged with possessing will dictate the punishment you could possibly receive. For example, possession of a Schedule I or Schedule II drug is a Class 5 felony. The penalties for a Class 5 felony possession conviction can include up to 10 years in prison and a fine of up to $2500. Likewise, possession of a Schedule III drug is a Class 1 misdemeanor. The penalties for a Class 1 misdemeanor possession conviction can include up to 12 months in jail and a fine of up to $2,500.

These charges are then often further split into simple possession crimes or possession with intent to distribute crimes. This classification will also change the possible penalties associated with your charge.   

The good news is that there are a variety of defenses at your disposal. Depending on how the police became involved with your case, there are often 4th Amendment defenses available. These can include challenges to search warrants, and even challenges to searches where police claim to have had permission to conduct the search. We may also be able to contest the chemical tests of the substance that the state has alleged to be a controlled substance or contest the amount of the controlled substance alleged to have been in your possession.

The good news is that there are a variety of defenses at your disposal. Depending on how the police became involved with your case, there are often 4th Amendment defenses available. These can include challenges to search warrants, and even challenges to searches where police claim to have had permission to conduct the search. We may also be able to contest the chemical tests of the substance that the state has alleged to be a controlled substance or contest the amount of the controlled substance alleged to have been in your possession.

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DWI, Driving While Intoxicated

DWI, Driving While Intoxicated

DWI, Driving While Intoxicated

DWI is a serious crime. A first offense in Virginia is a class 1 misdemeanor, punishable by up to a year in jail and a fine of up to $2500. Simply being charged with DWI will commonly lead to an administrative license suspension before your trial. A conviction will also come with additional requirements, such as time spent attending VASAP classes, license suspensions, and ignition interlock devices. Depending on your Blood Alcohol Content (BAC) you may face mandatory jail time. Upon a first offense conviction, a BAC of between .15 and .20 is punished with a mandatory 5 days in jail, while a BAC on a first offense of over .20 is punishable by a mandatory 10 days in jail. Subsequent convictions carry higher penalties and longer suspensions.    

The good news is that there are often a variety of defenses at your disposal. An attorney may be able to help you fight the administrative license suspension before trial. 

Prior to trial we will also evaluate what defense you may use to prevent an underlying conviction. The could include:

  • Invalid stop (Lack of reasonable suspicion)
  • Invalid arrest (Lack of probable cause)
  • Challenges to field sobriety tests
  • Challenging the breath test
  • Challenging the blood test
  • Constitutional challenges to procedures 

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Theft Charges

DWI, Driving While Intoxicated

Theft Charges

Theft charges in Virginia come in a variety of forms, but nearly all are serious. These charges typically stem from the unlawful taking of another’s property. Typical charges include:

· Petit larceny

· Concealment

· Grand larceny

For example, if you had a right to possess the property you may be able to defeat a theft charge. Likewise, if your intent was not to permenently exercise control over the property of another, you may be able to successfully defend a theft charge.ished as misdemeanor petit larceny when the value of the items in question is under $500.

Grand larceny is charged when the value of items stolen are over $500, or when an item worth over $5 is taken from another person, or any time a firearm is stolen. Grand larceny is a felony punishable by up to 20 years imprisonment. 

  

A theft conviction is not something anyone wants on their record. Beyond the risk of jail and fines, a theft charge on your record can greatly limit employment opportunities. There possibly are multiple defenses for your charge[s]. The facts of the case matter, and if the facts of your case do not meet the statutory requirements for your charge[s], your case may be dismissed. 

For example, if you had a right to possess the property you may be able to defeat a theft charge. Likewise, if your intent was not to permanently exercise control over the property of another, you may be able to successfully defend a theft charge.

Finally your attorney may be able to arrange an agreement where a charge is eventually dismissed pursuant to a suspended imposition of sentence, or dropped from a felony to a misdemeanor. Such a move could help you avoid jail time.