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 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.

The Importance of Hiring an Attorney for your DWI in Ashburn

Virginia is known as being one of the most strict states for traffic and criminal offenses. Drunk driving charges are no different. A DWI in Virginia is a very serious offense and results in serious penalties. If you are charged with a DWI, you should hire an experienced drunk driving attorney in Virginia to represent you. In some counties, it can make the difference between jail time or just community service.

Ashburn, Virginia, located in Loudoun County is one of those counties in the Commonwealth where it can make a huge difference to have an attorney in your DWI case. Luodoun County judges favor sentencing DWI offenders to jail time, whether it be for a few days, weeks, months, or years. Your attorney can discuss your case with the Commonwealth Attorney and try to work out an agreement where the Court accepts community service in lieu of any jail time. That cannot happen without an experienced attorney on your case.

If you've been charged with a DWI in Ashburn, Virginia, call the experienced drunk driving attorneys at Portner & Shure today for a free consultation and don't risk being sent to jail. Call now: (703) 916-1227.

Drugged Driving Responsible for More Deaths than Drunk Driving

A new study was released today by the Governors Highway Safety Association that showed, for the first time, drivers killed in accidents are more likely to be under the influence of drugs than alcohol. The data used for this study was compiled from 2015, and it showed that 43% of drivers tested in fatal accidents had some form of legal or illegal drugs in their system. Compare that number to just 37% of drivers tested having alcohol in their system at the time of the fatal accident.

This data is quite surprising for researchers because government officials and police officers devote much of their time and effort combating drunk driving. Drugged driving is almost never mentioned. With these new results, officials are certainly expected to expand their focus to include drugged driving checkpoints.

Additional data from the study also showed that of the 43% that tested positive for having drugs in their system, more than one-third of them had marijuana in their system. Many people believe that marijuana has minimal effects on a person's body, but the results of this study certainly tell a different story. As a driver, you need to be able to react to the driving conditions in a split second. Marijuana and other drugs inhibit a person's ability to react quickly.

It is interesting to note that while drunk driving remains a major problem in all roadways, it has been declining in recent years. However, as all resources have been devoted to reducing the number of alcohol related deaths on the roads, fatal accidents caused by drugged drivers have certainly taken a back seat. That is likely to change with these results.  More and more states are legalizing marijuana, yet the number of fatal accidents caused by drivers who tested positive for marijuana is skyrocketing.

If you have been charged with drunk or drugged driving in Virginia, call the experienced criminal 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.

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.

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.