Traps for the unwary! Strict liability felonies in Virginia.

There are some crimes that people can commit without knowing the law is “on the books.” Or even committing it entirely inadvertently if they did know. These are called “strict liability” offenses, and … [Read more...]

Intoxication as a Defense in Virginia

Since the start of the pandemic, most everyone who has been following the news knows that while everyone is passing the time in quarantine people are drinking alcohol more. The pandemic has also made … [Read more...]

How criminal defense counsel can help in Virginia: Recharacterizing felonies as misdemeanors.

In an earlier post on collateral consequences, we wrote about how felony convictions can result in life-altering events that forever change the course of how society treats you. Frequently clients … [Read more...]

Decriminalization of the Simple Possession of Marijuana in Virginia

  On Sunday, April 12, 2020, Governor Ralph Northam signed a bill into law decriminalizing simple possession marijuana in the Commonwealth of Virginia. Presently, with regards to a … [Read more...]

MAJOR change to post conviction practice and the law of actual innocence! New options in Virginia for clearing your record even when you have plead guilty to a crime.

A question we get nearly every week from people with convictions long in their past is whether they can get them stricken from their record. Ordinarily, no, a criminal conviction in Virginia will … [Read more...]

Boiling the frog—at what point do I need to get a protective order?

The nature of domestic violence means it is almost always hidden from public view. It happens in secret, behind closed doors, late at night, and around people who inherently have an ax to grind and … [Read more...]

How do I repair the damage? Can a false accusation—a criminal charge—be “fixed” in the public eye?

Our firm gets questions almost weekly from people who call asking what they can do about criminal charges or other public allegations that were filed or published against them that they were factually … [Read more...]

Virginia ABC Policy Changes During COVID-19 Outbreak

Over the past several weeks, Governor Northam has issued a number of Executive Orders related to what is and is not allowable for Virginia retail businesses and restaurants. Following the … [Read more...]

COVID-19 and Social Distancing: The Criminal Implications

At this point we are all aware of the Governor’s orders that all gatherings are to remain at less than 10 people. Virginia’s Executive Order numbers 53 and 55 state that any gathering of 10 or more … [Read more...]

Setting up your appeal when trial doesn’t go as planned.

Every attorney who does any significant trial work—and many clients beside them—recognize even in the middle of trial when a ruling has gone against them and their case will not recover. It’s a … [Read more...]