Lynchburg Criminal Defense Blog

People in Virginia who are facing criminal charges understandably want to learn how they may best defend themselves and avoid or minimize any penalties. A plea deal, also called a plea agreement, is one way that some people are able to do this. It may also eliminate some of the surprise or tension involved in enduring a full trial.

One man who is 19 years old has recently entered into a plea agreement with prosecutors in Cabell County in which he will have three years to potentially see his felony conviction eliminated. As reported by The Herald-Dispatch, the case involves multiple instances of arson. The defendant had been a volunteer firefighter for the Salt Rock Fire Department. He and another man who was also a volunteer firefighter with a different department are accused of setting at least five fires on purpose in the first few months of this year.

As a resident of Virginia who is currently facing DUI-related charges, you may be wondering if anything can be done to contest them. Mark B. Arthur, attorney at law, will explain the types of police evidence that are most often challenged.

The first is your breath analysis test results. These devices may seem like a fool-proof tool, but in reality, there is still plenty of room for error. For example, breath tests need to be calibrated by hand and maintained properly. The maintenance logs can be checked to ensure that the devices are running as they should be. Even if they are in top condition, the officer may not have known the proper way to use it. You may have even taken something that interferes with the device's results, such as a cough syrup or breath fresheners with alcohol in them.

Most people in Virginia have heard references to the concept of "due process" as it related to a criminal arrest, defense or trial. What constitutes this due process may vary from case to case but one thing remains consistent and that is the requirement that due process be followed as indiated by the law.

WTKR reported on a case in which the requirement to follow due process is actually preventing a defendant from entering a plea in a criminal case against her. The case dates back to last autumn when the woman was involved in a vehicle accident along a stretch of Interstate 264. The crash involved the defendant's vehicle and one other vehicle. The driver of the second vehicle died after the accident. The defendant herself was seriously injured.

As a resident of Virginia recently charged with DUI-related crimes, the charges that you face could be categorized as misdemeanors or felonies. Which category your charges fall under will depend on several different factors, and both types of charges can have very different potential consequences if you are convicted.

FindLaw explains the difference between these two types of charges, first examining whether or not a DUI is inherently considered a misdemeanor. Since misdemeanors are the category for less severe crimes, people who have been charged with DUI-related felonies will often fight to secure a reduction to a misdemeanor instead.