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
posted on January 22, 2021
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
posted on November 17, 2020
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
posted on November 13, 2020
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
posted on September 28, 2020
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
posted on August 6, 2020
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
posted on August 6, 2020
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?
posted on July 29, 2020
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...]
Virginia, criminal charges, and autism spectrum disorder or intellectual disability.
posted on July 10, 2020
During the past General Assembly session, the legislature took on a number of criminal justice reforms. This included a comprehensive review of how persons with mental health diagnosis are treated in … [Read more...]
Plea withdrawls. Is it too late?
posted on July 10, 2020
A question we frequently get from people is whether they can withdraw their guilty plea. Virginia Code § 19.2-296 provides that a “motion to withdraw a plea of guilty … may be made only before … [Read more...]
