Mark B. Arthur, PC Mark B. Arthur, PC 2026-09-07T06:31:08Z https://www.markbarthur.com/feed/atom/ WordPress On Behalf of Mark B. Arthur, PC <![CDATA[Can lending your ID to a friend lead to criminal charges?]]> https://www.markbarthur.com/?p=51686 2026-09-07T06:31:08Z 2026-09-04T06:30:47Z Liability for lending your license Virginia law prohibits lending your driver’s license or knowingly permitting its use by someone who is not entitled to it. Because that prohibition applies to you as the license holder, violating it is a Class 2 misdemeanor even though your friend is the person who presents the card. The document involved also affects the charge. Transferring a passport or other government-issued document to help someone establish a false identity is a Class 1 misdemeanor under a separate Virginia statute. Unlike the driver’s license provision, this offense requires proof of a fraudulent purpose.

Charges from the intended use

An underage friend who uses your license to buy alcohol violates a different Virginia law. Presenting the card to obtain property through deception can also amount to fraud. Whether liability extends beyond lending depends on what you knew when handing it over. Providing the ID with the intent to facilitate a firearm purchase is a Class 6 felony. The borrower’s later actions alone do not make you responsible for every crime connected with the card.

Evidence of a deliberate handoff

A lending charge requires proof that you knowingly permitted the use of your license. To establish permission, prosecutors may point to several forms of evidence:
  • Text messages arranging or confirming the loan
  • Witness statements describing how the license changed hands
  • Admissions to officers acknowledging that you permitted the use
  • Plans to return the card after your friend finishes using it
Evidence of this kind distinguishes a deliberate loan from the loss, theft or unauthorized use of your license. When someone takes your license without permission, that missing knowledge element can undercut the charge against you.

Defenses to the allegation

One issue is whether the identification involved falls within the statute named in the charge. A mismatch can leave a required element unproved, while the mental state the prosecution must establish varies by offense. The state must also establish your role in the loan and any intent required by law. If those challenges do not resolve the case, the focus may turn to negotiating for a lesser offense or presenting mitigating facts at sentencing. What is available depends on the circumstances and the discretion of the prosecutor or court.]]> On Behalf of Mark B. Arthur, PC <![CDATA[How a DUI can increase your Virginia car insurance costs]]> https://www.markbarthur.com/?p=51682 2026-09-01T16:02:34Z 2026-09-01T16:02:34Z What a DUI conviction can mean for your insurance A DUI conviction can lead to several insurance-related costs and requirements for Virginia drivers. These may include:
  • Higher insurance premiums: Insurers generally see DUI conviction as a sign of increased driving risk. As a result, they may raise your premiums. The percentage and amount may depend on your driving history, the insurer and other factors.
  • Higher coverage requirements: Under Virginia law, a DUI conviction requires drivers to file an FR-44 Certificate of Financial Responsibility with the DMV, proving they hold double the standard mandatory liability coverage limits.
Beyond these, a DUI conviction can also limit your insurance options, potentially making it harder to find affordable coverage.

Protecting yourself after a DUI charge

The consequences of a DUI conviction can extend beyond insurance costs to license restrictions, court fees and other penalties. Because so much is at stake, working with a Virginia DUI lawyer can help you understand your defense options and explain what steps you may take to protect your rights throughout the process.    ]]> On Behalf of Mark B. Arthur, PC <![CDATA[3 facts about vehicle searches during traffic stops]]> https://www.markbarthur.com/?p=51680 2026-08-27T09:30:46Z 2026-08-27T09:30:46Z You can refuse a request to search your car Police officers often ask drivers for permission to look through a car during a stop. You have the right to politely state that you do not agree to a search. Officers may phrase their request in ways that sound like direct commands:
  • Mind if I look around in the trunk?
  • You do not have anything illegal in here, right?
  • Is it fine if I check under the seat real quick?
Answering no to these questions protects your rights under Fourth Amendment law. Saying no stops the prosecutor from claiming later that you willingly gave up your rights.

Probable cause creates a warrant exception for vehicles

Police can search a car without your permission if they have probable cause. This standard means they have solid proof that a crime happened or that illegal items are in the car. Common facts that officers use to claim probable cause include:
  • The smell of alcohol coming from inside the cabin
  • An admission of guilt from a passenger during questioning
  • A signal from a trained drug detection dog during the stop
State law forbids police from searching a car based only on the smell of marijuana. If police search your car using probable cause, they can only look in areas where that specific item could fit. A criminal defense attorney can review whether the officer had enough proof to skip getting a warrant.

Plain view items allow police to take action

Officers do not need permission or a warrant to look at items clearly visible through car windows. If an illegal item sits on a seat or dashboard, an officer can see it during a lawful stop. Spotting illegal items in plain view gives the officer immediate authority to take the item and make an arrest.

How a criminal defense lawyer challenges illegal vehicle searches

Unlawful vehicle searches often lead a court to throw out evidence. A defense attorney reviews the reason for the stop, inspects body camera footage and checks police records for constitutional violations. Spotting bad police work can help dismiss charges or lower penalties.  ]]> On Behalf of Mark B. Arthur, PC <![CDATA[Can you be charged if you didn’t know a gun was there?]]> https://www.markbarthur.com/?p=51677 2026-08-18T11:31:07Z 2026-08-18T11:31:07Z What does possession mean? Virginia law recognizes both actual and constructive possession. Actual possession means a firearm is physically on a person, such as in a pocket or waistband. Constructive possession applies when a firearm is not physically in someone's hands, but the evidence proves beyond a reasonable doubt that the person knew it was there and had control over it. The prosecution must present evidence supporting those elements.

When can constructive possession become an issue?

Possession questions often arise when police find a firearm in a place that more than one person had access to. A shared location does not automatically identify who possessed the weapon. Common examples include:
  • Police find a firearm under a seat or inside the glove box of a shared vehicle.
  • Someone borrows a vehicle and police discover a gun inside.
  • A firearm is found in a shared house or apartment.
  • Police find a gun in a backpack, gym bag or other item that more than one person has used.
Courts consider the location of the firearm as only one factor when determining possession.

What evidence may matter?

To build a case, prosecutors may look at where police found the firearm, whether the defendant kept it visible or hidden, who had access to the area, statements made during a police investigation and whether the person kept personal belongings with the firearm. No single fact automatically determines possession. Instead, they consider the evidence as a whole.

Why do the facts matter?

Finding a firearm in a shared space does not automatically answer who possessed it. In Virginia, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. Questions about knowledge, control and the surrounding evidence often play an important role in deciding whether the prosecution has met that burden.]]> On Behalf of Mark B. Arthur, PC <![CDATA[Why would someone use a crime of passion defense?]]> https://www.markbarthur.com/?p=51674 2026-07-23T02:23:16Z 2026-07-23T02:23:16Z The crime of passion defense is unique. It requires a person to admit that the alleged illegal activity did occur. They were involved, and they do not deny it. This is much different than other types of defenses. When someone offers an alibi, for example, they are saying that they did not commit the crime because they were not at the scene of the crime. Maybe they have someone else who can vouch for them being at a different location when the crime occurred, so they are claiming that they are fully innocent. But if the crime of passion defense—when someone claims that they acted in the heat of the moment and responded emotionally—also requires them to admit that they did it, why would they see this as a viable defense tactic?

A defense in murder cases

The crime of passion defense is often used in murder cases, which are among the most serious charges a person can face. One key component of a first-degree murder charge, though, is that it had to be premeditated. The crime of passion defense may be useful because, although the person admits they were involved, they are demonstrating that there was no element of premeditation. A common example is if someone comes home and finds their spouse having an affair. This leads to a physical altercation. The person who has been accused of first-degree murder is simply saying that this is not possible because they did not know about the affair in advance, they never made any plans to take the other person's life, and there was no premeditation. They just reacted instinctively in a stressful and emotional situation. As you can see, there are limited uses for this type of defense, but it can be very helpful with first-degree murder charges. It is crucial that those who are facing such serious allegations know exactly what legal defense options they have.]]> On Behalf of Mark B. Arthur, PC <![CDATA[What Virginia students should know about hazing]]> https://www.markbarthur.com/?p=51672 2026-07-09T15:52:33Z 2026-07-09T15:52:33Z Hazing can start like a joke or a team tradition. However, things can quickly turn ugly and life-threatening. In Virginia, hazing is not just a campus discipline issue. When it causes bodily injury to a student, it can lead to criminal consequences and a civil claim.  You may see hazing in student groups like fraternities, sororities, athletic teams and bands. It does not matter if someone agreed to take part. Pressure, fear of exclusion and loyalty to a group can make it hard to say no. 

The line between belonging and being harmed

Here are important things you should understand before joining or leading a group activity:
  • Consent does not erase the risk: Virginia law focuses on whether the conduct intentionally endangers health or safety or causes bodily injury during initiation, admission or continued membership.
  • Hazing can be physical, emotional or both: Forced drinking, sleep deprivation, humiliating tasks, dangerous workouts, isolation, threats or degrading online posts may all raise concerns.
  • Schools can take action: Colleges and schools may investigate reports, discipline students or organizations and impose sanctions based on their policies.
  • Criminal penalties may apply: Hazing that causes bodily injury can be treated as a Class 1 misdemeanor in Virginia. That can affect school records, opportunities and reputation.
  • Injured students may have civil options: A person harmed by hazing may be able to seek accountability from those involved, depending on the facts.
If something feels unsafe, humiliating or forced, take it seriously. You can save messages, photos, videos and names of people present.  Hazing cases can involve school rules, criminal concerns and injury claims at the same time. If you or someone close to you is dealing with a Virginia hazing incident, legal assistance can enable you to make a sound decision on the path forward. ]]> On Behalf of Mark B. Arthur, PC <![CDATA[What to know about the new law prohibiting semi-automatic weapons]]> https://www.markbarthur.com/?p=51670 2026-06-26T10:29:14Z 2026-06-26T10:29:14Z Gun ownership is very popular in parts of Virginia, and there are numerous laws around firearms. It’s critical for gun owners to keep up with these laws – and there’s about to be one more. This spring, Virginia lawmakers passed and Gov. Abigail Spanberger signed a law that places significant restrictions on semi-automatic weapons as well as magazines with a 15-round or greater capacity. That law takes effect on July 1 of this year, so it’s critical for those who own or deal in these firearms to understand the changes.

Some details about the law

The good news for those who already legally own these firearms is that the law likely won’t apply to those weapons they already own. However, in most cases, it will no longer be legal to purchase these weapons and accessories or to manufacture, import, sell or transfer them in Virginia beginning on July 1. There are some exceptions carved out in the law for:
  • Inheriting a weapon
  • Transferring a weapon to an immediate family member
  • Transferring a weapon to a buyer in another state where it is legal
  • Selling a weapon to a licensed firearms dealer
Semi-automatic weapons are the type commonly used in mass shootings. However, many gun owners argue that they’re widely used for legal activities like hunting. Gov. Spanberger says she sought an exception in the law that would have addressed this, but was overruled. She stated, “While the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work…to clarify this language.”

Challenges to the law have already begun

The law is already being challenged as unconstitutional. Court cases will proceed even after the law takes effect. Further, several Commonwealth’s Attorneys throughout Virginia have said they won’t be prosecuting people for violating the new law. A violation is considered a Class 1 misdemeanor, and a person could lose their right to have a firearm for three years if convicted. Even with some prosecutors saying they won’t enforce the new law, it’s still highly unwise for Virginia residents to ignore it, regardless of how strongly they oppose it. Anyone who is facing a weapons charge is wise to get experienced legal guidance as early as possible.]]> On Behalf of Mark B. Arthur, PC <![CDATA[Can a college student clear a criminal record later?]]> https://www.markbarthur.com/?p=51668 2026-06-25T15:12:12Z 2026-06-25T15:12:12Z How record sealing could create future opportunities Beginning July 1, 2026, Virginia's “clean slate law” will expand the chance to clear certain criminal records through record sealing. However, the law does not cover every offense. The available path depends on the exact charge. Some records can qualify for automatic sealing after a waiting period. For other matters, you may need to file a petition with the court. To receive this form of relief, the person must meet the required standards. Examples of offenses that may qualify include:
  • Certain simple marijuana possession convictions under the automatic process
  • Some low-level misdemeanor convictions, such as trespassing, after the required waiting period
  • Other misdemeanor convictions that require a court petition
  • Certain low-level felony convictions that require a petition, statutory compliance and a period without new criminal charges
These categories show why the exact charge and final outcome matter. Even when relief may become available, sealing does not happen right away in every case.

Why understanding your options still matters

A criminal record does not have to control a student’s future. Even so, the offense, final disposition and the person's conduct afterward can influence what relief becomes available. Since the proper procedure often depends on the specific record, legal guidance may help you identify the right form of relief for your child's circumstances. It can also support the filing process, organize key documents and reduce the risk of avoidable delays.]]> On Behalf of Mark B. Arthur, PC <![CDATA[2 common challenges in a drunk driving defense]]> https://www.markbarthur.com/?p=51664 2026-06-15T14:11:57Z 2026-06-15T14:11:57Z Interpretation of the field sobriety test Field sobriety tests aren’t infallible, even the three tests that are part of the standardized field sobriety test that’s endorsed by the National Highway Traffic Safety Administration. All of these tests depend on the administering officer interpreting results properly. Bringing up questions about an officer’s training, the conditions present during a test and an officer’s observations may all be valid defense strategies.

Calibration of the breath test equipment

Breath test equipment must be calibrated regularly to ensure that it’s providing accurate results. Smaller preliminary alcohol screening devices, which are the ones used on the roadside, aren’t admissible in court because they can’t be reliability calibrated due to their constant transportation. Larger, stationary breath test machines can be properly calibrated and remain in one place, so they’re considered accurate enough to be used in court. Calling a calibration schedule, method and records into account may be a suitable strategy for some drunk driving defenses. Determining a drunk driving defense strategy that’s appropriate for your case can be a complex undertaking. Evaluating options can be challenging, so it might be beneficial to work with a legal professional familiar with your case so they can provide assistance with getting a strategy set.]]> On Behalf of Mark B. Arthur, PC <![CDATA[When can Virginia charge people with voluntary manslaughter?]]> https://www.markbarthur.com/?p=51662 2026-06-03T10:44:20Z 2026-06-03T10:44:20Z Voluntary manslaughter is a crime of passion Involuntary manslaughter charges involve claims that recklessness or illegal activity unintentionally led to a person’s death. Impairment-related collisions can prompt involuntary manslaughter charges, for example. Voluntary manslaughter charges often follow scenarios where there was an intent to cause harm, but that intent formed due to the sudden heat of passion, intentional provocation or mutual combat. For example, an argument that escalates into a physical altercation could lead to a claim of voluntary manslaughter. Voluntary manslaughter is a less serious crime than murder, but it is still a felony offense that carries up to 10 years in prison. The details of the situation influence the best response to the pending charges. Retaining the support of a criminal defense attorney is critical for anyone accused of a homicide offense, including a voluntary manslaughter charge related to a situation that suddenly spiraled out of control. An attorney can assess the state’s case and help a defendant evaluate their options, including negotiating a plea bargain or taking the case to trial.]]>