Articles

Virginia has traditionally not permitted many instances of a "pass" for first time offenders.  Deferred disposition statutes are not uncommon, but in Virginia the use of such a mechanism was very limited.  If you possessed a drug, possessed underage alcohol, committed a misdemeanor domestic assau...

The Second Amendment guarantees individuals the right to keep and bear arms.  It has been the law in our country, however, that a person may forfeit that right upon conviction of a felony or similarly treated offense under both state and federal law.  Effective July 1, 2020, Virginia has added an...

My Cousin Vinny, a great and hilarious movie, deals with two friends on a road trip.  After leaving a convenience store in rural Alabama, they are suspected of robbing and murdering the convenience store clerk.  Of course, they are innocent, and cousin Vinny comes to the rescue.  The film, apart ...

Interactions between adults can be complicated, nuanced, confusing and misunderstood.  Verbal communication is but one form of expression; more often than we realize, we communicate in non-verbal ways, too.  These interactions sometimes involve intimate, sexual scenarios.  And, in a permissive cu...

Domestic Assault or Domestic Assault and Battery incidents typically result from high stress interactions between family or household members.  The stress our society is currently under will certainly contribute to an increase in Domestic Abuse allegations.  Police officers in Fairfax County that...

When a person is prosecuted for a felony offense, the prosecution typically commences with a police officer seeking a felony arrest warrant.  That document is what allows the officer to arrest you and bring you before either a Juvenile and Domestic Relations District Court or a General District C...

Fairfax County has over one million residents and a lot of roads!  Those roads are patrolled by the Fairfax County Police Department, the Virginia State Police, Town of Herndon and Town of Vienna police departments, the Metropolitan Washington Airports Authority Police Department, Metro Transit P...

Who has the right to a trial by jury? You do, of course.  The Sixth Amendment to the United States Constitution guarantees the right to a jury trial if you are facing more than six months confinement in jail.  Under Virginia law, you have the right to a jury trial for any matter that is traffic ...

It is possible to be held criminally liable even if you don't actually commit a substantive crime.  For purposes of this article, we will address the crime of Robbery.  Robbery involves taking personal property from another person through violence of intimidation.  Suppose two people decide they ...

A Virginia Uniform Summons is a standard form that police officers, deputy sheriffs, state troopers, and other law enforcement officers issue in the Commonwealth of Virginia when they believe a traffic infraction or misdemeanor has been committed.  Typically, the alleged offense must have occurre...

Under the Constitution of the United States, you are entitled to representation by a lawyer if you are facing a potential jail sentence upon conviction.  Even if you are convicted and do not receive an active jail sentence, you are entitled to a lawyer if jail is even a possibility.  If you canno...

Accord and Satisfaction (or Satisfaction and Discharge) is a statutorily sanctioned remedy authorized by the Virginia General Assembly to encourage private citizens to settle their disputes that have ended up in the criminal courts.  The concept of accord and satisfaction is rooted in contract la...

In 1966 the Supreme Court of the United States decided the case of Miranda v. Arizona, 384 U.S. 436.  The Court ruled that in order to ensure an individual's 5th Amendment right against self-incrimination, one must be advised of their rights before the police may seek a statement from them.  Find...