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...
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Lynchburg Criminal Defense Blog
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...
3 exceptions to concealed weapons rules in Virginia
In general, it is a violation of the law to conceal a dangerous weapon on one's person while in public spaces. Virginia lists an assortment of weapons, ranging from daggers and firearms to nunchucks that people cannot carry in a concealed manner in public. Weapons...
You can still get a DUI when you’re under the legal limit
For most drivers, the legal limit is a blood alcohol concentration of 0.08%. Some drivers are an exception to this rule, such as drivers who are under 21 or who are driving for commercial purposes. They will sometimes have much lower legal limits. However, the general...
Can a first-time DWI lead to an IID requirement in Virginia?
Driving while intoxicated (DWI) convictions can lead to a variety of different penalties. Judges may sentence people to incarceration or probation. Large fines are often a mandatory penalty. Many people lose their driver's license over a DUI offense. There are other...