Do not bring in the New Year with a Criminal Record

Drinking and driving is a decision that generally one makes after considering the risk of getting caught, or deciding that they have “sobered up” enough and can get themselves to their destination. Similar to a slot machine, when you drive drunk, the odds are against you. No matter the case, you should never drive after you’ve been drinking. There are too many other means of transportation to be caught drunk behind the wheel, or taking the risk of hurting someone. Have a designated driver, call a cab, take an Uber or Lyft, or just stay where you are. It’s not worth the consequences. When you’re celebrating with Family and Friends, keep in mind that even a first time drunk driving charge can lead to jail time, license suspension, and fines exceeding $1,000. Stay safe and be smart during your Holiday festivities, and if you end up needing an attorney, give us a call.

Top Rated Criminal Defense Attorneys

Everyday our law firm receives countless criminal defense consultations from those who have either been charged with a crime or a serious traffic offense. One of the most common questions we hear, and it’s one that seems to take precedence over all the other questions, is “how much is the attorney fee”. In all retrospect, the price of your attorney should not be the deciding factor on what firm you choose. Our criminal and traffic retainer fees may be slightly higher than some of the other law firms, however you are ultimately receiving the sentencing you pay for. We may charge a little bit more, but that’s because we guarantee you will have a more favorable outcome than with some of these cheaper firms. A couple hundred dollars should not stand between you and your criminal record. If you or someone you know has received a criminal charge, call our top rated defense attorneys today.

What Qualifies as Aggressive Driving in Virginia

Being an aggressive driver is a class 2 misdemeanor in Virginia. That means you could be facing a potential jail sentence of up to 6 months with a fine of $1,000. But exactly what is aggressive driving? Aggressive driving in Virginia is defined as violating 1 or more of the following traffic law provisions:

·         -Driving too slowly in the left lanes on the highway

·         -Failing to observe traffic lanes

·         -Following vehicles too closely

·         -Failing to properly stop or yield before entering a highway

·         -Driving off road or across property to avoid traffic signs or lights

·         -Cutting off other drivers on the road

·         -Increasing speed to prevent another driver to overtake you

·         -Improperly stopping on the highway

·         -Speeding 

In addition to violating 1 or more of these traffic law provisions, the person must have violated these traffic laws in such a manner as to be a hazard to another person OR violates these traffic laws with the intent to harass, intimidate, injure or obstruct another person. Aggressive driving with the intent to injure another person, is a class 1 misdemeanor, which carries up to 12 months in jail and a fine of up to $2,500.

Aggressive driving is a technical offense and may be difficult for the prosecutor to prove. You need an experienced lawyer, like those at Portner & Shure, to review the evidence and identify the weaknesses in the prosecutor’s case.

What Does a Top Criminal Defense Attorney do for their Client in Richmond, Virginia?

As the saying goes, you are innocent until proven guilty.The U.S. Constitution gives important protections to people who have been accused of crimes.  These rights extend to all people, whether they are innocent or guilty. Whenever someone is charged with a criminal offense, it is important that they hire an experienced and knowledgeable criminal defense attorney. Having a defense attorney gives a person charged with a crime/s several benefits in their case.

A good criminal defense attorney uses a number of tools in order to protect and advocate for their clients. Ask to speak to an attorney before giving any detailed statement to law enforcement. Once you hire a top criminal defense attorney, they will first obtain discovery documentation from the Commonwealth Attorney so they evaluate the facts of the case and determine what the evidence against their client is and what the government can and cannot prove.

·       An  experienced criminal defense attorney can strategically prepare for a trial and determine what evidence and witnesses will best help their clients. The attorney will have the ability to negotiate on the defendant’s behalf with the Commonwealth Attorney.  In many cases, even when the client may be guilty, the best defense attorney can exploit weaknesses in the prosecution’s evidence and case, which can force the prosecutor to agree to a much better result in court than if the defendant simply appears on his own without an attorney. 

       

      If you've been charged with a criminal offense in Richmond, call the experienced defense attorneys at Portner & Shure today 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.