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 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.

What's the Difference Between Grand Larceny and Petit Larceny?

In Virginia, various criminal offenses are often referred to by names that most people do not understand. The Commonwealth classifies its theft offenses as either grand larceny or petit larceny. The consequences for each offense vary significantly.

Grand larceny is the more serious offense of the two. It involves the larceny, or taking and carrying away, from another person, something of value $5 or more; stealing $200 or more in goods; or stealing a gun of any value. Anyone found guilty of grand larceny will face a felony conviction, which results in at least 1 year in prison and up to 20 years in prison, and/or a $2,500 fine.

Petit larceny is less serious than grand larceny, but still carries significant penalties. Petit larceny involves the taking and carrying away, from another person, something of value less than $5, or the taking and carrying away goods worth less than $200. A guilty finding of petit larceny is a class 1 misdemeanor. Penalties include imprisonment up to 1 year and/or a $2,500 fine.

Theft offenses always depend on the value of goods taken, and because there is a clear line that sets the difference between each offense, the consequences can often be quite ruthless. For example, someone that steals $199 in goods from a clothing store can face at most 1 year imprisonment and/or a fine, whereas someone that steals $200 in goods from a clothing store can face up to 20 years imprisonment and/or a fine.

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

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.

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.

What Can a Criminal Defense Attorney do for Someone Charged with a Crime?

The U.S. Constitution gives important protections to people who have been accused of crimes.  It is imperative to remember that these rights extend to all people, whether they are innocent or guilty.

Probably the most important right is that they can find an attorney to represent and protect their rights.   A criminal defense attorney has a number of tools that he or she can use in order to protect and advocate for their clients.

First, they have the ability to require that the prosecution provide discovery documentation so that they can determine what the evidence against their client is and what the government can and cannot prove.

Second, a criminal defense attorney can strategically prepare for a trial and determine what evidence and witnesses will best help their clients and minimize any risk of a bad result.

Finally, they have the ability to negotiate on the defendant’s behalf with the prosecution.  In many cases, even when the client may be guilty, a good defense attorney can exploit weaknesses in the prosecution’s evidence and case. This can force the prosecutor to agree to a much better result in court than if the defendant simply appears on his own.

If you’ve been charged with a criminal offense, call Portner & Shure today for a free consultation: (703) 916-1227.

3 Things to Know About DWI in Virginia

Every state handles drinking and driving a little bit differently. Some states are more strict with penalties handed out than other states. Unfortunately, Virginia is one of those states that is tough on practically every criminal and traffic offense. Here are three things to keep in mind if you are arrested for a DWI in Virginia:

1. Your driver's license--While some states handle the administrative aspect of any driver's license suspension or restriction separately from the court system, Virginia actually handles driver's license suspensions and restrictions directly through the court system. So instead of a possible second court appearance for an administrative hearing for driver's license issues (Maryland does this with the MVA), Virginia DMV does not handle driver's license issues related to DWIs.
2. Alcohol Treatment--Some states prefer that alcohol treatment or education classes be completed prior to the court appearance. (For example, in Maryland, we have our DUI clients complete alcohol treatment before going to court so that we can show the judge their completion certificate and it is one less step for the client to have to go through after court). Virginia, however, does not care about alcohol treatment being completed prior to court because the judge will instruct the DWI offender to complete VASAP classes. VASAP is Virginia's own alcohol safety education program.
3. PBJ--Everyone who is arrested for DWI always wants to get the offense immediately erased from their record. Some states allow special pleas, such as a probation before judgment (PBJ), that allow the defendant to avoid a conviction on their record. Virginia does not have the option for a PBJ. Instead, if you want to avoid a conviction for your DWI, your attorney will have to find a way to have your case dismissed.

If you are arrested for DWI in Virginia, you must take this charge very seriously and hire an experienced attorney to represent you. Call Portner & Shure today for a free consultation: (703) 916-1227.

What Clients Are Saying January 2017

“Getting caught driving while being drunk was no fun. called over to Portner & Shure. Got an appointment the very next day with the attorney and Diana Ramirez. Their service was very good and they led me thoroughly through the whole process. Great Law firm!”

This case was handled by our attorney, Kevin Ruby, who works out of our Vienna, VA office.

Not So Fast! You Could End Up In Jail for Reckless Driving in Virginia!

If you've driven in Virginia, then you know that there are some wild traffic laws that police officers can use to catch drivers. Known as one of the strictest states for traffic offenses, Virginia laws take driving very seriously, and any driver that breaks those laws will face tough penalties. One of the most common traffic offenses that drivers commit is speeding. Virginia does not take speeding lightly. In fact, they have a separate category for excessive speeding, called reckless driving. if you are caught driving 20mph over the speed limit or over 80mph, you will be charged with reckless driving. This charge should be taken very serious because it is NOT a simple traffic offense, it is a CRIMINAL offense. Not only will you be faced with a hefty fine and a criminal conviction on your record if found guilty, but jail time is a real possibility. Every county in Virginia is different with how they view jail time for reckless driving. In many cases, the exact speed will determine if jail is on the table, and if so, how many days, weeks, or months in jail.

The important thing for drivers in Virginia to remember is that if you receive a citation for reckless driving, you should absolutely hire an attorney in order to avoid a criminal conviction and jail time. In all reckless driving cases, our experienced criminal defense attorneys aim to have the speed amended so that it falls below the 20mph+ or 80mph+ threshold so that it is treated as a simple speeding ticket. That is not always possible in every case, however. Sometimes, drivers are caught speeding well over 100mph. In those cases, our goal is to avoid any jail time whatsoever. It is very difficult for anyone charged with reckless driving to appear in court without an attorney and try to avoid any guilty finding or a jail sentence.

Virginia police are always out on highways looking for speeders and reckless drivers. Don't let them catch you. But, if you are caught driving well over the speed limit and charged with reckless driving, call Portner & Shure for a free consultation: (703) 916-1227.