Virginia Criminal Defense Attorney: What to Expect if I am Illegal and Have Been Charged with a Crime

Our Spanish department receives countless criminal/traffic consultation calls every day.  The one question we receive all the time is how will my immigration status be affected by these charges.  While we are not immigration law experts, there is certainly always a risk that your status could be in doubt, and in the worst case scenario, you could be deported.

            

            Whether it is a traffic offense such as driving without a license, driving on a suspended license, or driving under the influence of alcohol, or a criminal offense, your immigration status here is put at risk.  While our attorneys will help defend the charges against you, we always recommend that you contact an immigration attorney to find out exactly how your status will be affected.  There is an increased risk of serious immigration penalties if you are convicted for your crime, and that is why you must hire an experienced criminal defense attorney.

           

            Many people that are here illegally are usually too afraid to go to court and defend the charges against them.  That is not a good idea because the consequences only get worse because it becomes more likely that your immigration status will be affected.

If you are charged with a criminal or traffic 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 DUI Attorney: What to Expect in a Virginia DUI Case

Getting arrested for DUI or DWI in Virginia is a very serious offense with possible consequences, which include jail time, significant fines, and a license suspension.  Unlike nearby states, Virginia DUI laws are some of the strictest, even for first time offenders.

            

           One of the most controversial DUI consequences is the requirement of an ignition interlock device.  Half the states require an interlock device for all DUI offenses, and the other half only requires the devices in extreme circumstances.  Virginia is one of the states that require an ignition interlock device for all DUI offenders.  However, because a first-time DUI results in an automatic suspension of your driver’s license, the only way the interlock device would be required to be installed is if you request to have a restricted license to be able to drive for work and other limited purposes, and that request is granted.  Ignition interlock devices in Virginia are required to be installed for a minimum of six months, but oftentimes a longer period is required.  If the interlock device registers a violation at any time during its period of use, the length of time required to have the device installed is extended another six months, and the violator risks having his probation violated.  Keep in mind that when your probation is violated, any suspended jail time is usually rescinded by the judge and you will have to serve the full amount of your sentence.

            

           Another consequence of getting a DUI is that you are required to attend, and pay for at your own expense, classes under the Virginia Alcohol Safety Action Program (VASAP).  Just like other states require alcohol treatment classes for anyone charged with DUI, Virginia has created their own program to handle this.

            

           In addition to interlock devices and VASAP classes, there are significant fines and jail time associated with DUI convictions.  In most first offense DUI cases, if your BAC is below 0.15, jail time is avoided.  However, if your BAC is between 0.15 and 0.20, there is a mandatory minimum that requires at least 5 days in jail.  If your BAC is above 0.20, you are required to serve at least 10 days in jail.  If you have committed more than one DUI offense in a 5 or 10 year period, the required minimum amount of jail time and the amount of fines increase significantly.  

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: Ignition Interlocks Have Reduced Drunk Driving Deaths in Virginia by 40%

           A new report from Mothers Against Drunk Driving (MADD) reveals how many drunk drivers have been stopped by ignition interlock devices because they were trying to drive drunk.  Of course, these statistics are only compiled from the states that require interlock devices for all DUI offenders.  MADD’s goal for releasing such a report is to show the other non-interlock states that they need to adopt a law requiring ignition interlock devices for all DUI offenders.  This study logged more than 10,000 blocked ignition interlock attempts in Virginia.  To compare, states like New York and Washington had more than 84,000 and more than 100,000 failed attempts respectively.

           

           In Virginia, the study revealed that drunk driving deaths have fallen by 40% since implementing laws that require ignition interlock devices for all DUI offenders.  This ranked Virginia second out of 25 states that require interlocks for all DUI offenders.

            

          MADD strongly believes that, “no other option available today…can physically block an offender from operating his or her vehicle after consuming alcohol.”  Ignition interlock devices will prohibit anyone who has any alcohol in their system from driving.  The car cannot be started.  However, these “other options,” such as alcohol treatment, a license suspension, or an alcohol monitoring bracelet cannot prevent somebody from driving drunk.  According to MADD, the 25 states that do not require an interlock device for first time offenders must change their laws to allow safe travel on the roads without others being at risk of injury or death due to a drunk driver.

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 Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Superbowl Weekend Means Increased Drunk Driving Patrols

           This Sunday is the Superbowl and that means parties with lots of alcohol.  Beer and football go together like peanut butter and jelly, nearly everyone is going to be watching the big game with a beer in hand. 

            

            Superbowl Sunday has proven to be one of the highest drinking and driving days of the year.  For example, the National Highway Transportation Safety Administration reported that in 2012, 38% of all U.S. traffic fatalities involved alcohol-impaired drivers.  That is proof that far too many people choose to drink and drive on Superbowl night.  Whether you are going to a bar or a friend’s house to watch the big game, please be smart and do not drive home if you have had something to drink.  The most common excuse people will use to explain why they drove drunk is that they are a “good driver” when they are drunk or that they only had 2 beers.  You should never risk your life or another’s life by driving drunk.  Further, police will be out in full force on Sunday looking for drunk drivers across Virginia.

           

             If you are going out to watch the game, plan ahead for how you will get home, whether it is walking, catching a cab, taking an Uber or Lyft, or using public transportation.  Another option is to have a designated driver lined up for the night.  Another tip to remember is to make sure you wear your seatbelt because that can save your life if a drunk driver hits you.

           

            Just think about how many people are driving drunk on the roads.  Police cannot catch every drunk driver, but they do catch many of them.  So many others avoid arrest and they are the ones who injure or kill innocent people.

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 Lawyer: Statistics Show a Decrease in Alcohol-Related Crashes and Fatalities

          A new study conducted by the Virginia Department of Motor Vehicles looked at the effects of ride-sharing companies on drunk driving statistics.  Sure, everyone touts how companies like Uber and Lyft as safe options because they cut down on the number of alcohol-related accidents.  But, there has never been a study that actually investigated whether the increased presence of ride-sharing companies has actually saved lives.  This study looked at numbers from 2013, 2014, and 2015.  Overall, since Uber and Lyft have become so prominent in several cities, the number of alcohol-related crashes and fatalities has dropped significantly.  For example, in 2013 there were 8,047 crashes related to alcohol and 253 fatalities.  One year later, the number of crashes dropped 5% to 7,666, and fatalities decreased as well.  Preliminary numbers for 2015 show an even bigger drop: 7,334 total crashes and a 22% drop in fatalities down to 195.

           

         While it is difficult to say that Uber and Lyft are the only reasons explaining this drop in alcohol-related crashes, scientists can say that these ride-sharing companies are certainly playing a big role.  Other things such as campaigns against drunk driving and increased patrol by police for DUIs are sure to be having an effect on these numbers as well.  A majority of people today have Uber or Lyft on their phone, and it is very easy to use.  These numbers show that requesting an Uber or Lyft actually saves lives.  There is no reason why anyone should be driving a car under the influence of alcohol.  It will certainly be interesting to see if this trend continues, especially as these ride-sharing companies continue to expand into more areas.

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 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/