First time offenders and deferred dispositions: New opinion from the Attorney General permits some kinds of ‘deferred dispositions’

The criminal justice system is, thankfully, one that many of us never have to deal with. But too often, someone who has never dealt with it finds themselves charged with an offense. A frequent worry … [Read more...]

Jail Time and Fines: Penalties for Drug Possession in Virginia

Virginia’s drug laws are notoriously strict with harsh penalties that depend primarily on the type of crime, the type of drug involved and the amount. The first question we often receive is, will I go … [Read more...]

Medical Marijuana in Virginia: A Powerful Affirmative Defense to Possession of Marijuana

As you may have heard in the news, Virginia Code Section § 18.2-250.1. “Possession of marijuana unlawful” has seen a number of changes over the past few years.  In February of 2015, Governor McAuliffe … [Read more...]

Virginia DWI Law: The consequences of driving under the influence of alcohol or drugs while having a child in the vehicle with you

Virginia is a tough state when it comes to punishing drunk and drugged drivers.  Virginia is even less tolerant when a person is caught operating a vehicle under the influence with a child (someone 17 … [Read more...]

Understanding Circumstantial Evidence in Virginia Criminal Courts

In many criminal cases, the Commonwealth cannot prove a case by direct evidence. Direct evidence is evidence such as eyewitness testimony, scientific evidence, or a confession. If the Commonwealth … [Read more...]

Public Place requirement in Virginia Criminal Law

Many crimes require that the action occur in a public place. Probably the best known is being drunk in public. The law does not prevent someone from being intoxicated in the comfort of their own home … [Read more...]

Murphy’s Effect on Sports Gambling in Virginia

On May 14, 2018 the U.S. Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA) that has prohibited any state (except Nevada, Montana, Oregon, and Delaware who already … [Read more...]

Changes to the Larceny Threshold in Virginia Criminal Courts

  On July 1, 2018, the threshold amount for a felony larceny will increase from $200 to $500. This is the first increase in the amount in Virginia in almost 40 years. The larceny threshold … [Read more...]

Reporting Accidents in Virginia: Not Just the Driver’s Responsibility for a Hit and Run

In Virginia it is important to know that passengers, not just the driver, can be criminally charged with failure to report an accident.  If an accident occurs, every person in the car who is 16 years … [Read more...]

Possession of Drugs – Actual vs. Constructive in Virginia

When a person is charged with the possession of drugs, it is not required that the person actually had the drugs on their person.  Typically, the Commonwealth can prove that someone is possessing … [Read more...]