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Criminal Defense Archives

Criminal defense for man accused of assault must probe the facts

Virginia Beach police arrested a suspect in a stabbing case recently. It illustrates a typical incident, and its reported circumstances pose some of the questions that criminal defense counsel must ask in initiating the defense of such an accused individual. The arrest occurred somewhere near the S. Plaza Trail after police heard a man screaming in a parking lot behind the Blarneystone Pub.

Attending to details protects your Miranda rights

Military people know the drill of reciting name, rank and serial number if captured by the enemy. It's part of their training about complying with the rules of war. In the civilian world, the closest analogy to that might be if you are suspected of a crime and face questioning by the police.

Drug arrests can mean forks in the legal road

Many different elements can converge to create significant legal troubles for individuals. Imagine for a moment that you are an long-haul trucker from Virginia stopped for a safety check by authorities in another state. These kinds of safety blitzes are common and happen more often this time of year.

'Reasonable doubt' can hinge on knowing broader context

Back in January 2016, we wrote a post to clarify the importance of the state's burden to provide "proof beyond a reasonable doubt" to obtain a criminal conviction. As that post observed, whether the burden is sufficiently met is a subjective decision made by the jury. It's futile to attempt to second-guess the outcome as an outsider.

Virginia court system might leave you feeling like Dorothy in Oz

"Virginia is for lovers." Have you heard that phrase before? It's been the tagline for Virginia tourism for so long that many in the advertising world say it has reached icon status. It certainly has attracted many visitors over the decades. Included among them are many young people who have chosen to come to the Commonwealth from other states to study at one of the hundreds of institutions of higher learning.

Student accused of kidnapping and assault

A student studying at William and Mary in Virginia was arrested on Feb. 27 for allegedly assaulting and abducting another student in two separate episodes. According to a spokesperson for the school, the accused person was 21 years old and the alleged victim was the same student for both incidents.

Report reveals some officers lie and that bias allows it

There is reality and then there is what you can prove. In a Virginia criminal case, the distinction between the two things is paramount. There may be no question that a crime has been committed. Whether a judge or jury concludes the person charged with a crime is guilty or not, however, often comes down to what evidence is allowed and whose narrative they believe. The defense will offer its explanation of events. Prosecutors will offer theirs, bolstered by the testimony of the police.

Repercussions for a marijuana possession charge last long after the buzz fades.

There are some common mistakes that college students make as they become more comfortable with life on campus and seek to test the limits of propriety. Errors in judgment regarding drinking, assault and theft can result in penalties that can influence the student's life after college. Some repercussions of breaking the law may be temporary and easily discharged by paying a fee. The impact of other convictions can be felt years down the line.

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