Recently, an appellate court in Fairfax County determined that the trial judge incorrectly allowed a trial to proceed in a criminal defendant’s drug case. Because the lower court improperly allowed the defendant’s case to move forward, the defendant was entitled to a reversal. The court then vacated the defendant’s conviction. Facts of the Case According to the opinion, 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 revolving around identity fraud in the Commonwealth of Virginia, the court of appeals affirmed the lower court’s verdict and concluded there was sufficient evidence to find the defendant guilty. On appeal, the defendant argued that the Commonwealth was required to present more evidence in order to support the guilty verdict. The court, however, disagreed, and the…
Recently, a Virginia court denied a defendant’s appeal in a case involving delays due to COVID-10. On appeal, the defendant argued that the delay between the date he was charged for armed burglary and the date he was convicted was unreasonably long, thus violating his constitutional right to a speedy trial. The court considered the defendant’s argument but ultimately denied…
Recently, a defendant in Virginia appealed his firearm convictions by arguing that the trial court should not have allowed evidence of a 911 call to be part of the Commonwealth’s case. According to the defendant, the call was not properly authenticated, and thus it was improperly admitted. Disagreeing with the defendant, the higher court denied the appeal and kept the…
In a recent appellate case coming out of a Virginia court, the defendant successfully appealed his unfavorable verdict from the lower court. At issue in the case was whether the defendant was fairly sentenced after he violated the terms of his probation. On appeal,...
The Fourth Amendment to the U.S. Constitution protects Virginia residents from unreasonable searches and seizures by the government. In the context of criminal law, the Fourth Amendment generally requires law enforcement officers to obtain a warrant from a judge...
Stafford County, VA DWI Cases If you have been charged with DUI or DWI in Stafford County, you will need a highly skilled DUI attorney to represent you. Stafford is a “no nonsense” jurisdiction, meaning both the judges and prosecutors rarely show leniency when it...
Types of Felony Crimes in Virginia Felony crimes in Virginia are more serious than misdemeanor crimes. Felonies carry more penalties than misdemeanors and may have life-altering consequences. There are 6 felony classes, with class 1 being the most serious and class 6...
In a recent opinion on a Virginia firearms case coming out of a Virginia appeals court, the defendant appealed his conviction of possession of a firearm after conviction of a nonviolent felony. On appeal, the defendant argued that the trial court erred in denying his...