If you are a weapons owner in Virginia, you understand that there are strict regulations and legal requirements surrounding firearm possession and use, which could potentially lead to trouble with the law if not adhered to diligently. While you might legally own a...
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Lynchburg Criminal Defense Blog
4 alternatives to drunk driving that can prevent DUI charges
A night out with friends, a celebratory dinner or even unwinding after a long week – all of these activities might involve alcohol. When the fun ends, the question of safely getting home arises. Driving under the influence can be tempting, especially when you feel...
Can you be charged with DUI if you weren’t even driving?
Under Virginia law, you can be charged with driving under the influence (DUI) of alcohol even if you aren’t actually driving a vehicle. How does that make sense? It all has to do with the state law. According to Virginia Code § 18.2-266, it’s illegal to either “driver...
Can you sever your case if you have co-defendants?
It’s not uncommon for multiple people to be charged with committing the same criminal act. From a “white collar” offense like money laundering to a “street crime” like theft or dealing drugs, two or more people are often involved. Prosecutors often like to try...
The police do not have to be honest with you
If the police are questioning you or interrogating you, even if it’s just a traffic stop, remember that they do not have to be honest with you. They don’t have to tell you the truth. They can make things up or even lie as a means to manipulate you. For instance, a...
What is a PAS device?
Law enforcement agencies use a preliminary alcohol screening (PAS) device to measure alcohol concentration in a person's breath. It serves as an initial method to assess whether a driver is under the influence of alcohol. The use of a PAS device is straightforward yet...
What is the fruit of the poisonous tree?
The fruit of the poisonous tree is a legal concept referring to how evidence needs to be gathered. If this is done incorrectly, that evidence can then become “poisoned.” This may mean that it cannot be used in court. For example, say that police officers do not have a...
When can someone accused of a drug crime qualify for drug court?
Despite changing social attitudes and new laws in other states, Virginia still has a relatively strict stance on many drug offenses. Individuals accused of even simple possession crimes could face incarceration, financial penalties and other consequences for violating...
Virginia’s gun laws: What could be on the horizon?
The Old Dominion's firearm landscape is facing a major shakeup. The 2024 legislative session has seen a flurry of new weapons laws proposed, leaving gun owners, advocates and lawmakers locked in a heated debate. Below is a short dive into the potential changes that...
Is Virginia a ‘stand your ground’ state?
We all think we know how we would react in a life-threatening situation. Out of the three - fight, flight or freeze, we tend to believe we would fight with deadly force. However, we need to understand the laws that govern our right to self-defense. Otherwise, we might...