Search Results for: conspiracy
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.
|| Read more
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.
|| Read more
ALEXANDRIA, VIRGINIA – United States District Court for the Eastern District of Virginia
Defendant was charged with 4 Felony counts of: Conspiracy to Commit Immigration Fraud, in violation of 18 U.S.C. 371, Fraud and Misuse of Immigrations Documents and Aiding and Abetting, in violation of 18 U.S.C. 1546, Conspiracy to Encourage Entry and Residence by Illegal Aliens, in violation of 8 U.S.C. 1324, and Reentry of Removed Alien and Aiding and Abetting, in violation of 8 U.S.C. 1326. The case resulted in a DISMISSAL of all but the first charge for Conspiracy to Commit Immigration Fraud for possession, obtaining, accepting, or receiving alien registration receipt cards knowing them to have been procured by fraud / unlawfully obtained. Defendant was sentenced to time already served, with no probation, and no financial penalty.
ALEXANDRIA, VIRGINIA: Federal felony drug charges for distribution of hydromorphone in the form of Dilaudid pills – 21 USC 841 (Unlawful Distribution of Controlled Substance) and 21 USC 846 (Conspiracy to Distribute) – with a sentencing guidelines range of 37 to 46 months of incarceration. The United States Attorney argued for 35 months of incarceration. Final judgement resulted in only 27 months of incarceration with recommendation for the RDAP drug program which would result in a 12-month early release (with other sentencing conditions). Related Oxycodone / Oxy pill charges were dropped.
News Links:
Federal Wire Fraud & Money Laundering Conspiracy Sentence BELOW Guidelines in Alexandria, VA
2012
ALEXANDRIA, VIRGINIA: Client was charged with Federal Wire Fraud (18 USC 1343) and Conspiracy to Commit Money Laundering (18 USC 1956), which carried a sentencing guidelines range of 41 to 51 months of incarceration. The United States Attorney argued for 48 months of incarceration. The final judgement resulted in a sentence of only 18 months of incarceration (with other sentencing conditions).
News Links:
Section 1-1-14. – Classes of misdemeanors; definition; punishments.
(a) Wherever in this Code there appears a designation of a misdemeanor or by class, that designation shall mean in accordance with Code of Virginia, Section 18.2-11, that the following punishments for conviction of the misdemeanor are authorized:
(1) For Class 1 misdemeanors, confinement in jail for not more than twelve (12) months and a fine of not more than Two Thousand Five Hundred Dollars ($2,500), either or both.
(2) For Class 2 misdemeanors, confinement in jail for not more than six (6) months and a fine of not more than One Thousand Dollars ($1,000.00), either or both.
(3) For Class 3 misdemeanors, a fine of not more than Five Hundred Dollars ($500.00).
(4) For Class 4 misdemeanors, a fine of not more than Two Hundred Fifty Dollars ($250.00).
|| Read more
FAIRFAX, VIRGINIA: MEDVINLAW opened a new Criminal Defense Law Office at 4000 Legato Road, Suite 1100, Fairfax, Virginia 22033.
This second office is in a very convenient location by I66, Route 50, and West OX Road. It is only a 10 minute drive from the Fairfax County and Fairfax City courthouses, and a 15 minute drive from the Prince William County courthouse. || Read more
WHAT IS CONSPIRACY
Conspiracy is defined as two or more people deciding or agreeing together to commit some crime, or to accomplish a legal act by unlawful means. A person doesn’t need to know every detail of the criminal plan to be a conspirator, it’s sufficient to know just a portion of it, or just knowing some of the people involved, or just some of how the resulting funds will be divided, etc. Conspiracy is illegal, whether or not you actually commit a crime – which means that you do not have “free speech” to just agree to a commit a crime without doing anything else to come further to committing the crime other than just the agreement.
|| Read more
NORTHERN VIRGINIA: Felony fraud charge of Obtaining Money Under False Pretenses (VA Code 18.2-178) and associated Felony Conspiracy charge resulted as follows: both felonies were DROPPED in exchange for a guilty plea to misdemeanor larceny (VA Code 18.2-96) with NO ACTIVE JAIL time, no fines, and no restitution.
Read more about Larceny & Shoplifting Law here: Virginia Larceny Laws | A criminal defense lawyer’s explanation of shoplifting, petit larceny, grand larceny, embezzlement, burglary and robbery arrests and charges
Read more about Fraud Law here: Virginia Fraud Laws | A criminal defense lawyer’s explanation of embezzlement, false pretenses, check fraud, forgery and white collar crimes
NORTHERN VIRGINIA Charges included:
1) Class 5 Felony “sell, distribute, possession with intent to distribute, over 1/2 ounce but not over 5 pounds of marijuana” under VA Code 18.2-248.1
2) Class 5 Felony “conspiracy to sell, distribute, possession with intent to distribute, over .5 oz but not over 5 pounds of marijuana” under VA Code 18.2-248.1 / 18.2-256
3) Class U Misdemeanor “possess / distribute controlled drug paraphernalia” under VA Code 54.1-3466
4) Class 1 Misdemeanor “purchase / give /provide assist in providing alcohol to a minor under 21 years of age” under VA Code 4.1-306
Maximum penalty: 22 years in prison with 2 years at minimum as charged
Result: All charges dropped prior to preliminary hearing.
Read more about Drug / Marijuana Law here: Virginia Drug Charges | A criminal defense lawyer’s explanation of possession, distribution and arrest laws
Criminal Defense News
