Mark B. Arthur, PC Mark B. Arthur, PC 2026-07-09T15:52:33Z https://www.markbarthur.com/feed/atom/ WordPress 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.]]> On Behalf of Mark B. Arthur, PC <![CDATA[Why field sobriety tests are more subjective than people realize]]> https://www.markbarthur.com/?p=51660 2026-05-19T19:35:30Z 2026-05-19T19:35:30Z Drunk driving charges often begin with a field sobriety test performed on the side of the road. Many people assume these tests provide clear and objective proof of impairment, but the reality is often far more complicated. Field sobriety tests are designed to measure coordination, balance and the ability to follow instructions. Many outside factors, however, can affect how a person performs, even when alcohol is not the true cause of the difficulty.

Why field sobriety tests are not always reliable

The three most common types of field sobriety tests are the horizontal gaze nystagmus (HGN) test, the walk-and-turn test and the one-leg-stand test. These assessments focus on balance, physical coordination and attention. For example, the HGN test requires the driver to follow a moving object, such as a pen, with their eyes while an officer observes for involuntary eye movement. The walk-and-turn test requires the individual to take a specified number of heel-to-toe steps in a straight line, turn and then return in the same manner. The one-leg stand test requires the individual to stand on one leg, typically with the other foot raised about six inches off the ground, for approximately thirty seconds. One of the biggest issues with these field sobriety tests is that they rely heavily on an officer’s personal observations. Nervousness alone can make someone appear unsteady or confused during a traffic stop. Being questioned by law enforcement late at night, surrounded by flashing lights and traffic, can naturally increase anxiety and affect concentration. Physical conditions can also influence test results. Back problems, knee injuries or even simple fatigue may interfere with balance and coordination. Some individuals may struggle with certain movements regardless of whether they have consumed alcohol. Age and physical fitness can also play a role in how someone performs roadside exercises. Environmental conditions matter as well. Uneven pavement, rain or improper footwear can make balancing tasks far more difficult than they would be under normal conditions. Despite these variables, officers may still interpret mistakes as signs of intoxication. A DUI charge does not always tell the complete story. A careful review of the evidence may reveal inconsistencies, overlooked medical issues or flaws in how the tests were administered. Speaking with a legal professional experienced in DUI defense can help you better understand your options and protect your rights moving forward.]]> On Behalf of Mark B. Arthur, PC <![CDATA[When does possession become intent to distribute in Virginia?]]> https://www.markbarthur.com/?p=51656 2026-05-05T09:51:00Z 2026-05-05T09:51:00Z What prosecutors may use to prove intent Virginia Code Section 18.2-248 makes it unlawful to manufacture, distribute, give, sell or possess with intent to distribute, give or sell a controlled substance. In many cases, the Commonwealth tries to prove intent through circumstantial evidence. Prosecutors may point to several facts together, such as:
  • Cash, especially in small bills
  • Digital scales or measuring equipment
  • Separate bags, containers or packaging materials
  • Messages about prices, delivery or amounts
  • Notes or records that appear to track transactions
  • Lack of personal-use paraphernalia, such as pipes or needles
  • Statements made during the stop, search or arrest
These details may look suspicious in a police report, but each fact needs context. For example, a text message asking "How much for a half?" might look like a sales inquiry. However, the context could be the individual asking a friend to "group buy" a legal substance or simply discussing the price they previously paid to ensure they are not being overcharged by their own source.

Why quantity and packaging matter

For many controlled substances, no single weight automatically proves intent to distribute. However, quantity can still matter, and some substances have separate weight-based penalty rules. Simple possession of a Schedule I or II controlled substance (such as heroin, cocaine, meth or fentanyl) is generally a Class 5 felony in Virginia. Possession with intent to distribute a Schedule I or II substance may carry five to 40 years in prison and a fine of up to $500,000 for a first conviction.

Get a closer look at the evidence

A PWID case often turns on details. If you are facing possession with intent to distribute charges in Virginia, it may help to get in touch with a professional who can review what police found, how they found it and whether the evidence truly supports the charge.]]> On Behalf of Mark B. Arthur, PC <![CDATA[Can Virginia charge you with assault if you didn’t land a punch?]]> https://www.markbarthur.com/?p=51654 2026-05-04T18:56:21Z 2026-05-04T18:56:21Z In Virginia, you don't have to land a punch to face an assault charge. That might come as a surprise, but it reflects precisely how state law operates.  If you recently found yourself in a confrontation without making physical contact, you may still have pressing legal questions. Thus, understanding the distinction between two terms people often confuse is a good place to begin. 

What is the difference between assault and battery?

Most people use assault and battery as if they mean the same thing, but Virginia law draws a clear line between the two.  Battery usually requires you to make physical contact with another person, such as landing a punch. Meanwhile, assault involves the attempt or threat to cause harm, even without contact. Therefore, a missed punch can still result in an assault charge. 

What do prosecutors look for in assault cases?

Now that you understand how Virginia defines assault, it's worth examining how prosecutors build a case. If you face a charge, they typically need to establish three key factors:
  • Intent: Prosecutors evaluate whether you meant to strike the other person.
  • Reasonable apprehension: They also examine whether your conduct caused the other person to fear that you would hit them.
  • Ability to carry out the threat: They assess whether you were in close enough proximity to follow through. 
Understanding what prosecutors must establish gives you a clearer lens through which to evaluate your situation. With that foundation in place, it's worth knowing when Virginia can pursue a simple assault charge against you.

When can prosecutors charge you?

Knowing those three factors makes it easier to see how certain actions can lead to a charge. In Virginia, simple assault can apply when you commit an overt act that aims to cause bodily harm or place another person in fear of imminent contact. Common examples include:
  • Swinging a punch and missing
  • Charging at someone
  • Throwing an object that doesn't connect
  • Pulling back a fist in a way that causes the other person to fear for their safety
This shows how Virginia does not require physical contact to bring a charge. If you are uncertain whether your actions carry legal consequences, you have options worth exploring.

Your rights and options after a fight

With a clearer understanding of how Virginia defines and prosecutes assault, you can approach your situation with greater confidence. The more you understand your rights under Virginia law, the better you position yourself to make sound decisions about your next steps. ]]> On Behalf of Mark B. Arthur, PC <![CDATA[Can a DUI charge affect a college student’s financial aid?]]> https://www.markbarthur.com/?p=51650 2026-04-27T14:35:17Z 2026-04-27T14:33:10Z A driving under the influence (DUI) charge can disrupt more than a student’s record. It can also raise concerns about how school funding might change. If your college student faces this situation, you may worry about losing grants or scholarships. Knowing how these rules work can help you plan next steps and avoid sudden gaps in funding.

How aid eligibility and school rules may affect funding

In most cases, an alcohol-related DUI does not automatically impact or end federal student aid. Current federal aid rules also do not treat drug convictions as a direct bar to eligibility, either, as long as the student meets other aid requirements. The larger risk often comes from the college itself. Schools may review conduct violations when deciding if institutional aid, scholarships or campus housing support will continue. A violation tied to substance use can result in probation or suspension.  In Virginia, impaired driving laws apply to both drug and alcohol-related offenses. A driver can face a DUI at a blood alcohol concentration (BAC) of 0.08 or higher, and even lower levels can still lead to a charge if impairment affects driving ability. Drivers under 21 face stricter limits, with violations starting at a BAC of 0.02. These standards may shape how schools evaluate conduct tied to a DUI case.

The broader effect on academic and financial stability

Each college sets its own policies, so outcomes often depend on how the school addresses conduct issues tied to the case. Disciplinary action may impact enrollment status, academic standing and continued access to certain forms of aid. Clear information can make a difference while your student faces a DUI charge and related school review. Seeking legal guidance may help you protect your rights and gain a clearer view of what factors may influence the outcome.]]> On Behalf of Mark B. Arthur, PC <![CDATA[Can you be charged for being present when others use drugs?]]> https://www.markbarthur.com/?p=51646 2026-04-22T07:30:53Z 2026-04-22T07:30:53Z A crowded party can change quickly when law enforcement arrives. In that moment, confusion often surrounds who faces legal risk and why. If officers arrested you even though you did not use drugs, you may worry about what comes next. Understanding how the law treats presence in these situations can help you assess your position and respond with greater clarity.

How presence can turn into a criminal allegation

You can face charges for being present when others use drugs, but presence alone does not automatically establish possession. The state must prove that you knowingly and intentionally possessed the substance. Without that proof, proximity alone does not satisfy the legal standard. In Virginia, prosecutors often rely on constructive possession when they cannot show direct possession. This concept allows them to argue that you knew about the substance and exercised dominion and control over it.  Officers and prosecutors examine the full context when they build a case. Drugs in plain view, proximity to your belongings and your conduct at the scene can shape how they interpret your connection. Additional facts, such as your shared access to the area or participation in the activity, can further strengthen their position.

What steps can strengthen your defense

These cases often hinge on small but consequential details, and outcomes can vary widely. You may still face serious consequences even if you never handled the substance. That reality makes early decisions especially important. If you are dealing with drug charges, early decisions can influence how your case develops. Clear legal guidance can help you evaluate the facts, identify weaknesses in the evidence and respond in a structured way.]]>