In a recent case before a Virginia Court of Appeals, the defendant argued that the lower court had unfairly sentenced him after his third DUI conviction. According to the defendant, the court considered the defendant’s previous two DUI offenses as evidence when...
Earlier this month, a circuit court in Virginia ruled on a defendant’s appeal of his rape conviction. Originally, the defendant was charged and convicted after he allegedly showed up as his ex-girlfriend’s house and had non-consensual sex with her. On appeal, the...
Recently, a circuit court in Virginia ruled on the Commonwealth of Virginia’s appeal in a sex abuse case. The defendant had been charged with having sexual intercourse with a child, and the trial court had made the decision to suppress certain statements the defendant...
In a recent appellate opinion regarding a defendant’s violent behavior and eventual killing of his wife, the court agreed with the defendant’s arguments and reversed his guilty conviction. According to the court, there was a significant chance that the defendant acted violently because he suffered from extreme mental illness. Given this possibility, the court vacated the defendant’s guilty conviction. Facts…
In a recent case coming out of a Virginia court, the defendant’s appeal of his convictions was denied. The defendant had been found guilty of using a firearm after an altercation involving members of his family and another family with which they were feuding. On appeal, the defendant argued that there was insufficient evidence to support his guilty conviction. The…
By Andrew Criado, Senior Attorney The four most important words in criminal law: Beyond a Reasonable Doubt. What does that mean? It means that a person charged with a crime cannot be convicted and punished unless the prosecution can prove the defendant’s guilt in court beyond a reasonable doubt. The government’s evidence has to erase all reasonable doubt about the…
A Miranda warning is designed to be a protection against self incrimination, that is, a protection from defendants being forced to make statements or give other information that will help the government convict them of a crime. The Miranda case says that where a person is in custody and being interrogated (asked questions) those circumstances are similar to a forced…
Domestic assault charges in Virginia require the best defense. Family is the most important thing for most people. That is part of why a domestic assault charge can be so terrifying to someone who has not been in trouble before: it cuts to the core of your personal life. At Robinson Law, we are experienced in defending those who have…
Have you ever wondered when a police officer is authorized to search you? Or if he has enough evidence against you to make an arrest? This is where the familiar terms “reasonable suspicion” and “probable cause” come in to play. These concepts are fundamental in determining if and when a person can be detained for questioning, searched and arrested (seized).…