Search Results for: Arlington
ERIN MICHELLE BURNSIDE v.COMMONWEALTH OF VIRGINIA
Court of Appeals of Virginia, Teleconference. May 14, 2013. UNPUBLISHED MEMORANDUM OPINION[*]
Appellant, Erin Michelle Burnside, was found guilty of reckless driving. She assigns error to the trial court’s refusal to exclude the results of a preliminary breath test. She further assigns error to the trial court’s refusal to grant a jury instruction, based on Code § 18.2-269, addressing statutory presumptions of alcohol-related impairment. We hold that the trial court erred in admitting the testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly.
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Misdemeanor Shoplifting Charge in Arlington Virginia AMENDED to Unlawful Entry & will be DISMISSED
2013
ARLINGTON, VIRGINIA: Misdemeanor Petit Larceny charge from Shoplifting at Nordstroms (VA Code 18.2-103 and 18.2-96) was first AMENDED to an Unlawful Entry charge, VA Code 18.2-121, and per agreement, the Unlawful Entry charge will be DISMISSED after completion of a behavioral class, community service, and good behavior.
Read more about Larceny & Shoplifting Law here: Virginia Grand Larceny, Petit Larceny, Shoplifting, Concealment & Embezzlement Laws and Defenses
Fairfax County, Virginia: Felony PWID Possession with Intent to Distribute >.5oz Marijuana, VA Code 18.2-248.1 (punishable by 1-10 years in prison), was AMENDED and REDUCED to Simple Possession, a class U misdemeanor, with only 2 days to serve. A related Reckless Driving Class 1 Misdemeanor charge under VA Code 46.2-852, punishable by up to 1 year in jail, was AMENDED and REDUCED to Improper Driving – a citation with a $250 fine.
Read more about Virginia’s Drug and Marijuana Laws here: Virginia Drug & Marijuana Charges and Defenses for Possession of Marijuana, Paraphernalia, Possession with Intent, Distribution, and Related Offenses
Read more about Reckless Driving here: Virginia Misdemeanor Reckless Driving Laws and Defenses for Charges in Alexandria, Fairfax, Arlington, Falls Church, Prince William
Domestic Assault and Battery Charge was AMENDED and will be DISMISSED in Arlington Virginia
2013
ARLINGTON, VIRGINIA: Class 1 Misdemeanor Assault and Battery Charge on a Family or Household Member (VA Code 18.2-57.1) was AMENDED to Simple Assault (18.2-57) and will be DISMISSED after one year of good behavior and completion of an anger management class.
Read more about the associated laws and defenses here: Virginia Assault and Battery, Domestic Assault, and Malicious Wounding Laws and Defenses
Alexandria VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed charge for speeding 88 miles in a 55 mile zone, was REDUCED to a speeding ticket at a lower speed, with just a fine of $100. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: Virginia Misdemeanor Reckless Driving Laws and Defenses for Charges in Alexandria, Fairfax, Arlington, Falls Church, Prince William
FAIRFAX VIRGINIA: VA Code 46.2-865 Class 1 Misdemeanor Reckless Driving / Racing on a Highway charge, the client’s 4th Reckless Driving conviction, RESULTED in no active jail time, a $1000 fine, and suspension of his license for one year.
Read more about Reckless Driving here: http://medvinlaw.com/alexandria-virginia-state-federal-criminal-defense-lawyer-attorney-law-firm/virginia-misdemeanor-reckless-driving-laws-and-defenses-for-charges-in-alexandria-fairfax-arlington-falls-church-prince-william/
FAIRFAX VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed charge for speeding 79 miles in a 55 mile zone in I95, was REDUCED to a speeding ticket with just a fine of $250. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: http://medvinlaw.com/alexandria-virginia-state-federal-criminal-defense-lawyer-attorney-law-firm/virginia-misdemeanor-reckless-driving-laws-and-defenses-for-charges-in-alexandria-fairfax-arlington-falls-church-prince-william/
Misdemeanor Public Intoxication Conviction REVERSED and DISMISSED on Appeal in Arlington VA
2013
Arlington County, Virginia: Client’s initial trial for Drunk in Public, VA Code 18.2-388, with other representation had resulted in a conviction and criminal record. For his appeal, he hired Ms. Medvin and the charge had resulted in a DISMISSAL, a complete reversal of his original case disposition.
Read Attorney Medvin’s Related Blog Post: Virginia Drunk in Public / Public Intoxication Laws and Defenses
Obstruction of Justice v. Resisting Arrest – What is the difference?
Resisting Arrest in Virginia is illegal under VA Code 18.2-479.1 when an officer is attempting to make a lawful, proper arrest. If, however, the arrest was not based on probable cause or the officer has no authority to make the arrest, then resisting the arrest is not a crime. Additionally, only the individual who is being arrested can be charged under this code section, whereas others interfering with the arrest cannot be punished under this section. Instead, an interfering third person would be charged under VA Code 18.2-460, for Obstruction of Justice.
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Bail and Bond Motions
Individuals charged with serious offenses and individuals who have a history of not appearing in court, will not be set free after an arrest (bail will be denied by the magistrate.) The defendant will need to have an attorney file a motion on his behalf to try and argue for release in front of a Judge. This is called a Motion to Admit the Defendant to Bail and Set Bond, or a Motion for the Reduction of Bond.
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Criminal Defense News
