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...]

Virginia, criminal charges, and autism spectrum disorder or intellectual disability.

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?

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...]

Change to Penalty for Refusal of BAC Test in Virginia

On July 1, 2020, a major change was implemented concerning the penalty for refusing to cooperate with a blood or breath test following arrest for a DUI charge. Virginia has an “implied consent” … [Read more...]

Can Filing for Bankruptcy Stop the Lawsuit Against You?

If you are in the midst of a lawsuit and experiencing financial hardship, filing for bankruptcy may seem like a quick fix that will prevent judgment against you. In some cases, that may be true, but … [Read more...]

Public intoxication—what you need to know

With the weather warming up and people finally spending more time outside their homes, an issue that frequently arises concerns arrests for being intoxicated in public under Virginia Code § 18.2-388. … [Read more...]

Decriminalization of the Simple Possession of Marijuana in Virginia Effective July 1st, 2020

On Thursday, May 21, 2020, Virginia Governor Ralph Northam formally signed a bill into law decriminalizing simple possession of marijuana on the Commonwealth of Virginia. In early April, the two bills … [Read more...]