Updates in Virginia Criminal Law: Odor of marijuana not enough for vehicle search

On March 1, 2021, several sweeping criminal justice reforms that were passed in last summer’s special session of the General Assembly went into effect in Virginia.  One of the largest reforms were … [Read more...]

Virginia is now a “Hands Free” State

As of January 1, 2021, Virginia is one of many “hands free” states when it comes to cell phone use behind the wheel.   Pursuant to Virginia Code Section 46.2-818.2 it is now unlawful for a driver to … [Read more...]

Felonies in Virginia

Virginia categorizes crimes as either misdemeanors or felonies. Misdemeanors are less serious charges and thus carry less severe sentences, which typically means little or no jail time and lower … [Read more...]

Assault and Battery Charges in Virginia

Assault and battery is a very common charge in Virginia, but it is also one of the most misunderstood crimes in the Code.  It is classified as a Class 1 Misdemeanor, meaning that trial will take place … [Read more...]

Virginia Special Session Legislative Update: Two sweeping changes to criminal law in the Commonwealth

This past week, the General Assembly wrapped up the special session that began in August. This special session focused on police reform and responses to the COVID 19 crisis. The General Assembly made … [Read more...]

Change to Reckless Driving in Virginia

On July 1, 2020, a major change was implemented concerning the definition of reckless driving by speed in Virginia.  Before that date, reckless driving was defined as operating a motor vehicle in … [Read more...]

Writs of Actual Innocence: 2020 Virginia update

In July of 2020, the General Assembly lowered the bar for person’s petition for Writ’s of Actual Innocence based on non-scientific evidence.  Under prior law, the Court had to find by clear and … [Read more...]

First Offense Theft Cases in Virginia

Starting July 1, 2020, a person charged with any misdemeanor theft or larceny related crime can have the case deferred and ultimately dismissed under Virginia law.  Prior to that, Courts had no … [Read more...]

Changes in DUI Restricted Licenses in Virginia

One of the worst parts of getting convicted of driving under the influence having your license suspended or restricted.  Historically, a DUI conviction meant a restricted license for twelve months … [Read more...]

Virginia DUI (DWI). Where to start?

Virginia this morning was kind enough to have our own Brandon Nexsen speak on three tips on DUI (DWI) charges.  You can view his tips here: Air date: July 27th, 2020 … [Read more...]