What is the Difference Between a Felony and Misdemeanor in Virginia?

In Virginia, like most states, criminal offenses are broken into two categories: felonies and misdemeanors. However, Virginia is a bit different in how they break down various felonies and misdemeanors. Virginia's criminal code uses a class system to distinguish between the penalties for various crimes.

A criminal offense that results in a felony conviction is more serious than an offense that results in a misdemeanor conviction. Virginia's felony system is broken into six different classes. A class 1 felony is the most serious type of crime and a class 6 felony is the least serious of the felony offenses. A class 1 felony can result in the death penalty or life imprisonment and a fine up to $100,000. A class 6 felony results in imprisonment for at least one year, but no more than five years, and a fine up to $2,500.

Virginia's misdemeanor system is broken into four classes, with a class 1 misdemeanor being the most serious. A class 1 misdemeanor will result in imprisonment up to 1 year and a fine up to $2,500. A class 2 misdemeanor will result in imprisonment up to 6 months and a fine up to $1,000. Class 3 and 4 misdemeanors do not result in jail time, and instead result in $500 and $250 fines, respectively.

If you've been charged with a crime in Virginia, call the experienced criminal defense attorneys at Portner & Shure for a free consultation: (703) 916-1227.

Can You get Criminal Charges Expunged in Virginia?

One of the most common questions we receive at Portner & Shure is whether someone can have their criminal charges expunged from their record. People are often very worried about criminal charges or serious traffic offenses appearing on a background check for work or school.

The laws in Virginia pertaining to expungement are largely the same as in most other states. You are entitled to have your charges expunged when any of the following occurs: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual's name used in error. If your charges fall into one of these categories, you are eligible to have your charges removed from the public databases and sealed. In other words, these charges would no longer appear on a background check.

If you fall into one of the categories above and are eligible for expungement, you ahve to fill out a form that can be found here (http://www.courts.state.va.us/forms/circuit/civil.html) and file it in court. There will be a filing fee. Once it is filed, a Judge will then review your case and grant or deny your expungement.

Unfortunately, if you are found guilty, you cannot have your conviction expunged.

If you have been charged with a crime or traffic offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Charged with DWI in Virginia and you are from Out-of-State?

People are charged with drunk driving offenses every single day. Sometimes, people are charged with a drunk driving offense in a different state than the one in which they hold a driver's license. There are criminal charges associated with drunk driving, but there are also administrative issues regarding your driver's license as well. People often forget about the administrative consequences they can face when charged with a drunk driving offense.

In Virginia, if you are charged with a DWI and you hold an out-of-state driver's license, the Virginia police officer cannot confiscate your license as he/she would if you held a Virginia license. Instead, your PRIVILEGE to drive in Virginia is suspended for a period of time. That means that if you are caught breaking any kind of traffic law, the police officer will see that your privilege to drive in Virginia is suspended and you may face additional traffic charges. It is best to avoid driving in Virginia for the designated suspension period in order to avoid any additional consequences.

It is also best to hire an experienced Virginia DWI attorney to represent you in your case so that you can be counseled on the possible consequences. Your attorney can inform you about criminal consequences and administrative consequences that result from a DWI.

If you've been charged with a DWI in Virginia, call the attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Virginia DWI Lawyer: Statistics Show Decreased Alcohol-Related Fatal Accidents

Every year, states across the country continue to strengthen their drinking and driving laws to make the roads safer for all drivers. Virginia is no different and is considered by many to be one of the strictest states for DWI penalties.

On year ago, we wrote about statistics from 2015 regarding the number of fatal accidents caused by drunk drivers in Virginia, as well as the number of DWI arrests in Virginia. In 2015, there were 241 fatalities linked to drunk driving in Virginia and 20,768 DWI arrests. Preliminary numbers for 2016 have been compiled by MADD and they continue to show a downward trend. In 2016, there were 208 fatal accidents caused by drunk drivers and 20,477 DWI arrests. While these numbers are still far too high, it is a good sign that recent downward trends are continuing. This decrease is likely due, in large part, to the increased presence of ride-sharing companies like Uber and Lyft. Another reason for a decrease could be related to stricter ignition interlock requirements. Whatever the cause may be, it is a good sign to see that these numbers continue to trend down.

Virginia has come a long way in terms of fatal drunk driving accidents and DWI arrests. In 1990, there were 17,000+ drunk driving related accidents, 535 fatalities, and 42,000+ DWI arrests. Drunk driving laws are likely to continue to be amended to include stricter penalties. It will be interesting to see what numbers for 2017 will look like to see if the downward trend continues.

Driving drunk should NEVER be an option, especially today when it is very easy to request a ride with Uber or Lyft. If you are caught driving drunk in Virginia, be prepared to face significant consequences, and hire an experienced attorney. Call the attorneys at Pornter & Shure today for a free consultation: (703) 916-1227.

What is an Ignition Interlock Device and How Does it Work?

Many states, including Virginia, require the use of an ignition interlock device by anyone convicted of a DWI. Not everyone knows what they are or how they work. In fact, there are various providers that are able to install the device and monitor it each month. What many people do not know is that the fees associated with the interlock device are quite steep. There is an initial installation fee, plus a monthly fee, so the cost of drinking and driving can increase quickly.

Once installed, the driver must blow into the device in order to be able to start their vehicle. If there is no alcohol detected, the vehicle will start. Every so often, the driver will be required to blow into the tube. If the machine detects alcohol during what are called the "rolling tests," the machine will not allow the driver to continue operating the vehicle. If the machine detects alcohol during the initial test in order to start the vehicle, you will have to re-test a short time later. If you fail the test again, it will be reported back to the interlock provider as a violation and that can result in a longer period for using the device.

Drivers with an interlock device should always remember that the machine is VERY SENSITIVE. That means that any consumption of anything with even trace amounts of alcohol will likely result in a failed attempt. The most common substance that results in a failed attempt is mouthwash.

If you have been arrested for DWI in Virginia, call Portner & Shure for a free consultation and let us help walk you through the process: (703) 916-1227

Drunk Drivers and Speeders Beware in Virginia

Over the last several weeks, Virginia has seen a sharp increase in fatal accidents, many of which have been caused by drunk drivers and reckless drivers. As a result, Virginia police officers are increasing patrols all over roadways to catch drivers that have been drinking or speeding excessively on highways.

If you are caught drinking and driving and charged with a DWI, it is important to hire an experienced Virginia attorney to represent you to help avoid the most serious consequences. If you are charged with reckless driving, another very serious offense in Virginia, it is also very important to hire an attorney to represent you because if convicted, it is a criminal charge that will remain on your record. An experienced attorney will work to amend the speed reported by the police officer to a number that is under the reckless driving threshold (20 mph over the speed limit or over 80mph).

Call Portner & Shure today for a free consultation if you've been charged with a traffic or criminal offense in Virginia: (703) 916-1227.

Speed Limit in Virginia: Is it Really Enforced by Aircraft?

We’ve all seen those signs in Virginia stating that the speed limit is enforced by aircraft and we’ve all wondered if that is actually true. It turns out that Virginia state police have actually lacked the funding for using speed-detecting aircraft for the last 7 years. So if you’re one of the many people who have looked up at the sky while driving on Virginia’s highways and never saw an aircraft, that’s because there is nothing up there monitoring your speed. Instead, you should be paying attention to the roadways and looking out for state police vehicles detecting speed the old-fashioned way with radar guns. Virginia employs strict penalties for speeders and reckless drivers in Virginia. Remember that if you are 20mph over the posted speed limit, or you are over 80mph, that is considered reckless driving in Virginia. If you are pulled over for speeding or reckless driving in Virginia, call Portner & Shure and let us fight that ticket.

Blood Alcohol Test is Called into Question in Virginia DUI Case

In Virginia, there is a penalty for refusing a blood alcohol test in a drunk driving arrest.  This is not an abnormal law by any means.  In fact, most states impose a penalty on drivers in DUI cases that refuse a blood alcohol test.  In Virginia, a first time refusal results in a one year license suspension and is only a civil offense.  Subsequent violations are considered criminal offenses.

            

            Virginia’s implied consent law makes it unlawful for an impaired driver to “unreasonably refuse” to have blood or breath samples taken for chemical tests.  When an officer pulls someone over for suspicion of DUI, they are required to advise the arrestee that anyone operating a vehicle on Virginia highways is deemed to have consented to chemical testing.  A Fairfax County Circuit Court DUI case is challenging this issue under the Constitution.  Can a state “punish a driver for refusing a warrantless test to measure blood alcohol content?”

            

            In the past, Virginia Circuit Court judges have rejected challenges to Virginia’s implied consent law.  The specific question presented in this case has never been brought before the Virginia courts.  If the Court was to rule in favor of the Defendant on this question, it would require police officers to obtain a warrant for administering the alcohol test.

            

           The argument being made by the Defendant in this case is that the “government cannot punish a person or rescind a governmentally bestowed privilege as a consequence for refusing to waive a constitutional right against unreasonable warrantless searches.”  Without a warrant requirement for obtaining this type of evidence, police are effectively forcing people to consent to giving up evidence against themselves.

            

           If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Uber and Lyft Drivers with Ignition Interlocks is a Problem

While Uber and Lyft continue to be immensely popular, various safety issues have surrounded the ride-sharing companies.  A new issue that has cropped up involves drivers with interlock devices in their car who are forced to blow into the machine during a pick-up.  Uber and Lyft have both come under fire for their background check policies in the past.  According to company policies for both companies, “people who have been convicted of an alcohol-related offense within the past seven years aren’t allowed to drive for Uber or Lyft.”

            

            The background checks that both companies conduct before hiring a new driver are supposed to catch criminal and traffic convictions.   For two companies that tout how important safety is to them, it is surprising that there are some drivers that manage to sneak through the cracks.  For a job that is solely based on driving, there should not be anyone with an alcohol-related offense on their record who is driving people around as a job.  This has become a problem in many states because once an initial background check is conducted, there are no follow ups.  So, if a driver who had no convictions when the background check was conducted, but a year later gets a DUI, there is no requirement that further checks be conducted each year.  This is how we get Uber and Lyft drivers on the road with interlock devices installed in their vehicles.

            

            Virginia is a notable exception because, unlike many other states, there is a requirement for drivers to notify the ride-sharing companies of any incident that could jeopardize their employment.  There is a penalty of civil or criminal charges or a yearlong ban for failure to inform.

If you are charged with an alcohol-related offense in Virginia and would like a free legal consultation or if you would like more information please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/

Virginia Criminal Defense Attorney: Everything Drivers Need to Know About Speeding in Virginia

           In most states, speeding is not viewed as a serious offense, and for that reason, drivers do not worry about being pulled over for going over the limit.  In Virginia, drivers must beware of the harsh consequences they will face for speeding if caught by police.  There is no simple fine to pay and you go on with your life.  Instead, jail time is a real possibility for speeders.

            

          Laws in Virginia prohibit going over 80mph or more than 20mph over the speed limit.  If caught doing either of these things, you will be charged with reckless driving, which is treated the same way as a DUI: it is a criminal misdemeanor offense.  Many drivers speed every day on the roads without any hesitation.  If you are in Virginia, you should pay attention to speed limits and your own speed.  It is not worth it to risk going to jail and/or losing your driver’s license just because you want to get to your destination a few minutes earlier.

           

         If you receive a regular speeding ticket or a reckless driving ticket, it is important to hire an experienced local Virginia attorney to help you defend the charges and limit the consequences you face.  Every county is different in terms of what speed usually results in jail time.  Some counties will order jail time if you were going 100mph or more; others will order jail time if you were going 90mph or more.  Your attorney can try and drop the reckless driving charge down to a regular speeding ticket to avoid any jail time.  However, if you have multiple speeding offenses on your driving record, judges will not look favorably on that and a more severe penalty is likely.

If you are charged with speeding or reckless driving in Virginia and would like a free legal consultation or if you would like more information please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/

Virginia Criminal Defense Attorney: Common Terms and What They Mean to You

We get asked questions all the time about what some of the most commonly used terms in criminal law.  We want to help explain them to you in a simple and easy way.

              

              1.      StetàThe State will stet your case, or place it on what is known as the stet docket, if they choose to not proceed at this time.  In other words, whatever charges are placed on the stet docket are being postponed, and most times, it is an indefinite postponement.  A stet is not a conviction.  For one year from the time the charges against you were placed on the stet docket, the State can choose to reopen your case, but that is very rare.  The only way that will happen is if you commit another crime during that period.  After three years of inactivity and no new criminal charges, you are eligible to have it expunged from your record.  Before this time, the charges do appear on case search and can be seen when running a background check.

               

             2.      Nolle Prosequi (nol pros)à This means that the State is dropping the charges.  It is the equivalent of a dismissal.  However, charges that are noll prossed will still appear on case search until they are expunged, which can be done immediately.

               

             3.      Expungementà The general rule is that if charges against you were dismissed, noll prossed, or you were found not guilty, it is possible to have these charges expunged from your record so that they do not appear in case search or in any background checks.  Each case is different, therefore, sometimes the general rule does not apply.  Any criminal charges or serious traffic charges (i.e. DUI) in which you were found guilty or plead guilty cannot be expunged.

Remember, these are only the basics regarding each of these terms, and the laws in Virginia are very complex.  If you are charged with a crime in Virginia and would like a free legal consultation or if you would like more information on this topic please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/

Virginia Traffic Stops by Police Significantly Affected by U.S. Supreme Court Decision

           The U.S. Supreme Court recently handed down a decision regarding a person’s 4^th Amendment rights during traffic stops.  The decision directly affects how law enforcement officials in Virginia conduct traffic stops.  In addition, the Court’s decision abrogates, or repeals, two Virginia Court of Appeals decisions.

            The Supreme Court case, Rodriguez v. United States, led the Court to consider “whether an officer, having completed a valid traffic stop, could extend the encounter for a few more minutes to pursue a criminal investigation.”  In other words, could an officer, who pulled a driver over for a civil traffic violation such as a brake light out, delay the traffic violation ticket process in order to pursue a criminal investigation such as a drug offense.  The 8^th Circuit Court of Appeals held that an officer’s seven or eight minute delay, which allowed him to conduct a search with a canine, was permissible and did not violate the defendant’s constitutional rights.  Justice Ginsburg wrote the opinion for the Court’s 6-3 decision, which reversed the 8^th Circuit’s holding.  The initial stop of the defendant was for a traffic infraction, but the officer extended that stop in order to pursue a criminal investigation.  The Virginia Court of Appeals had consistently held that officers were allowed to pursue criminal investigations during traffic stops.  However, the Supreme Court’s holding here in Rodriguez changes the way Virginia police officers can conduct traffic stops and puts the focus solely on the civil traffic infraction.  Justice Ginsburg wrote, “On-scene investigation into other crimes, however, detours from that mission.”

            The two Virginia Court of Appeals cases involved drivers being pulled over for minor traffic violations and police officers extending the length of the traffic stop by asking questions about things unrelated to the traffic stop and checking the drivers’ records.  The Virginia Court had held that a driver’s 4^th Amendment rights were not violated when an officer extended the traffic stop by about ten minutes in order to pursue a criminal investigation.  The Supreme Court’s recent holding contradicts the Virginia Court’s holding because “Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been—completed.”

            Now, when drivers in Virginia are pulled over by police for a traffic infraction and the officer tries to extend the process in order to pursue a possible criminal investigation, the driver’s 4^th Amendment rights are being violated.  Record checks by police are still deemed to be permissible, however, any type of questioning or search outside the scope of the traffic violation that extends the amount of time of the original stop is not permissible. 

            If you or a family member have been arrested in Virginia for a criminal offense as a result of being pulled over for a traffic offense, and would like to consult an experienced Virginia criminal defense attorney for free, contact our office at (703) 916-1227 to schedule an appointment at one of our office locations in Alexandria or throughout Northern Virginia or visit us online at http://www.portnerandshure.com/Criminal-Defense/