What a SCRAM

            When an individual has multiple DUI convictions on their record, a judge favors additional stipulations during their probation period. These disciplinary methods may include curfews, in-home visits from a probation officer, ignition interlock devices, possibly even a SCRAM bracelet.

Now what exactly is a SCRAM bracelet? SCRAM stands for Secure Continuous Remote Alcohol Monitoring. It is a device that is fastened around one’s ankle. It is able to detect alcohol consumption by measuring perspiration levels.

           For the most part, the devices are fairly reliable. They can indicate even the smallest amount of alcohol. SCRAM bracelets work essentially the same as a house arrest bracelet works with perimeters. When alcohol has been detected in your system, it alerts your probation officer. Although the bracelet has been known to be pretty accurate, there have also been several cases of false positives. Do not get stuck with a harsher punishment because your bracelet generated a false positive.

           If you or a family member have been charged with a DUI in the state of Virginia and would like a free consultation, or if you would like more information about DUI’s, please do not hesitate to contact our office at (703) 916-1227 and schedule an appoint at one of our several locations, or visit our webpage at http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-DUI-DWI.shtml

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 DUI Attorney: Campaigns Warning Against Drunk Driving in Full Force as New Years Holiday Approaches

          The New Years’ holiday is by far responsible for the most drunk driving related arrests and citations.  Anti-Drunk Driving campaigns are ramping up as 2016 approaches.  A majority of people ring in the new year with a champagne toast, a celebratory shot, or some other alcoholic beverage.  It is their next choice that gets them in trouble: driving home.  Due to so many people being out at bars and restaurants on New Years’ Eve, it is difficult to get a taxi, Uber, or Lyft without having to wait a long time.  However, that cannot be an excuse for electing to drive drunk.  Do not become a statistic, or worse, responsible for an innocent person’s death.

            Law enforcement officials throughout Virginia will be out in full force monitoring the roads for drunk drivers.  It just is not worth it to drive drunk.  The consequences include: being arrested, confiscation of your driver’s license and privilege to drive, mandatory installment of an ignition interlock device in your vehicle, fines, and/or jail time.  The consequences vary depending on whether it is your first, second, third, or more offense.

            If you do make the poor decision to drive under the influence and are stopped by Virginia police, our attorneys can help mitigate the consequences, especially if it is a first offense and you did not contribute to an accident.  Many people do not understand the severity of a DUI arrest or citation and choose not to seek legal representation and that is a mistake.  As the consequences listed above show, DUI is not some minor offense and should always be taken seriously.

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/