Posts Tagged ‘18.2-460’
The author, Marina Medvin, is a passionate trial attorney who focuses her practice exclusively on criminal defense. She advocates for her clients in Federal and Virginia State courthouses on a daily basis. Ms. Medvin is presently accepting clients for criminal cases pending in Alexandria, Fairfax, Arlington, Falls Church, Prince William, and in the United States District Court for the Eastern District of Virginia in Alexandria.
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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ALEXANDRIA, VIRGINIA: Client had prior DUI in another state, along with 7 other criminal convictions, received 4 new charges in Alexandria. DUI Drunk Driving charge (VA Code 18.2-266) with a BAC of .22 resulted in conviction for a regular first offense DWI charge with no penalty enhancement, nor language as to the BAC in the conviction – with just 15 days to serve and the standard first offender treatment. Reckless driving by Speed (VA Code 46.2-862) was reduced to Speeding 19 PMH over with a $75 fine. Obstruction of Justice by Threatening Law Enforcement Officer (Va Code 18.2-460) was DROPPED even though Client repeatedly threatened to kill the police officer who arrested him. Refusal to submit to breath / blood test (Va Code 18.2-268.3) charge was also DROPPED.
All Charges DROPPED: Misdemeanor Obstructing Justice / Police and Drunk in Public in Fairfax Virginia
FAIRFAX, VA: Class 1 Misdemeanor charge of Obstructing Justice / Performance of a Law Enforcement / Police Officer while that Officer is Effectuating an Arrest (Va Code 18.2-460) was DROPPED together with an accompanying Class 4 Misdemeanor Drunk in Public Charge (VA Code 18.2-388).
Read more about Drunk in Public Law here: VIRGINIA DRUNK IN PUBLIC LAW | A criminal defense lawyer’s explanation of drunk in public charges and arrest requirements