Archive for the ‘Appeals’ Category
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
FAIRFAX COUNTY, VIRGINIA: After being found Guilty in General District Court of Class 1 Misdemeanor Petit Larceny (VA Code 18.2-96) while represented by another law firm, the clients appealed their case to Circuit Court and hired Marina Medvin. The charge was promptly DROPPED by the government on appeal.
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
ARLINGTON, VIRGINIA: Class 4 Misdemeanor Drunk in Public Charge (VA Code 18.2-388) was appealed to the Circuit court after client represented himself at the trial in General District Court and lost. The new result is that the charge will be DISMISSED after 12 months of good behavior and completion of community service.
Read more about Drunk in Public Law here: Virginia Drunk in Public Law Revealed & Explained
NOT GUILTY Verdict on Appeal for Misdemeanor Assault and Battery Charges in Fairfax Virginia
2011
Fairfax, Virginia: Marina appealed a guilty verdict for an assault and battery charge on a family member (VA Code 18.2-57.1) from Fairfax Juvenile & Domestic Relations District Court which was handled by another lawyer prior to the appeal. On appeal to Circuit Court, Marina’s trial resulted in a Not Guilty verdict. Prior to the appeal he was found guilty and sentenced to 30 days in jail and restitution for vehicle damage.
Read more about Assault and Battery Law here: VIRGINIA ASSAULT LAW | A criminal defense lawyer’s explanation of assault and battery & malicious wounding arrests and charges
FAIRFAX VIRGINIA: Marina was retained to appeal a DWI conviction in General District Court. The 30 day active jail sentence imposed in General District Court for violating conditions of a DUI plea agreement and ASAP requirements has been REVOKED after Marina’s appeal of that sentence in Circuit Court. The client walked out of the courthouse a free man instead of having to serve any time in jail.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
SELF-DEFENSE
Life is the most basic right of them all. As such, all states have a law giving you the privilege to exercise reasonable force to protect your life. In many instances, the police and prosecutors will not charge someone defending his life in that way – but the facts and evidence have to be clearly lined up in favor of using any force against the assailant. This of course gets a bit complicated once a hero citizen gets charged with malicious wounding or murder when the evidence isn’t as clear.
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CONSTITUTIONAL RIGHT AGAINST SELF-INCRIMINATION
The Fifth Amendment to the United States Constitution guarantees that “[no] person . . . shall be compelled in any criminal case to be a witness against himself.” In Miranda v. Arizona, the United States Supreme Court extended the Fifth Amendment privilege against self-incrimination to individuals subjected to custodial interrogation by the police. The court addressed the problem of how the privilege against compelled self-incrimination guaranteed by the Fifth Amendment could be protected from the coercive pressures that can be brought to bear upon a suspect in the context of custodial interrogation.
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DRUNK IN PUBLIC or PUBLIC SWEARING / INTOXICATION IS A MISDEMEANOR CRIMINAL OFFENSE. If you just pay the fine online you are in effect pleading guilty to the charge. As such, if you wish to avoid a conviction for this crime, you should review your case with an attorney.
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TEXT OF THE BILL OF RIGHTS
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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MISDEMEANOR ASSAULT AND BATTERY STATUTES / PENALTIES
The Assault and Battery / Simple Assault statute are explained in VA Code section 18.2-57. Assault committed with a group is charged under VA Code 18.2-42 as assault or battery by a mob. These types of assault are punished as a class 1 misdemeanor. The maximum jail time is one year, and the maximum fine is $2,500 – in addition to restitution for medical expenses of the victim.
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Criminal Defense News
