Our Attorneys Blog About Topics That Are Important to You

VA Drug Counselors May Help Those Freed Under Fair Sentencing Act

Drug counselors in Virginia and across the nation are working to provide help to those eligible for release under the Fair Sentencing Act.

Cheers and Fears Abound as Virginia Inmates Go Free

The eastern district of Virginia is, as of today, releasing 75 inmates who were doing time for charges stemming for the use or sale of crack cocaine.

Virginia Drug Charges Put Your Life on Hold: Who Can Help?

Accused of a drug related crime in Virginia? Only an experienced, successful attorney can help you fight the charges and regain your life.

“Spice” May Soon be Illegal in Virginia, Nationwide

A local ban on the synthetic drug “Spice” may not be necessary. The U.S. Government is taking steps to outlaw the chemicals used to make what is being marketed as synthetic marijuana. Officials in Norfolk and across Virginia are sure to be watching and waiting for official word that the drug has been banned.

Will the drug "Spice" be made illegal in Norfolk, Virginia?

While officials in Newport decide whether to make a new synthetic drug, Spice, illegal, our attorneys are looking at the legality of current searches and seizures. Norfolk's Convenience Store Task Force have already searched many stores, charging some of the owners with various crimes. Is this legal? Can the charged parties be found guilty?

Did veteran Virginia Beach teacher know what was in the package she accepted?

A veteran Virginia Beach teacher was recently arrested after she accepted a package. The package contained illegal drugs and the teacher has been arrested and suspended from her job without pay. The question is: Did she know what was in the package? If so, what was her intention? These are things that a jury will likely be asking themselves, if charges are not dropped during the course of the investigation.

Ticketed on I66 or I64 in Virginia? You are not alone!

Were you one of the over two thousand people ticketed this weekend? Virginia State Police netted thousands of tickets and a handful of arrests over the weekend. Their aim was to catch drivers who were speeding, driving recklessly or driving under the influence of drugs or alcohol. This type of traffic safety campaign is common in Norfolk and across Virginia and some question the fairness of the aggressive campaigns.

NC Attorney Successful in Getting Athletes’ Drugs Charges Dropped

Drug charges against three North Carolina State athletes have been dropped. Their attorney was able to prove that the off-duty police officer who entered the apartment was acting without permission or a proper search warrant.

Drug Possession Charges in Virginia Vary Greatly

A recent sentencing of a repeat drug offender from Norfolk highlights the range of sentences and penalties levied against drug offenders in Virginia. Our Virginia Beach attorneys have experience in every type of drug charge case. Please read on to learn more about the sentencing and penalty possibilities in Virginia.

What do you know about mandatory minimum sentences in Virginia?

In Virginia, there are over 80 different crimes you can commit that will earn you a mandatory minimum sentence.  Almost three-quarters of these different offenses for which you’ll get a mandatory minimum sentence are classified as felonies, and the rest are misdemeanors.

 

A mandatory minimum sentence is the minimum sentence a judge must hand out for a particular crime.  Mandatory minimums are very controversial, as you’ll be punished in a pre-determined way regardless of the circumstances in your case.

 

Mandatory minimum sentencing was enacted in 1968 and involve the following types of crimes:

• 19 involve drug crimes
• 15 involve drunken driving offenses
• 13 involve sexual crimres
• 10 involve non-DUI driving offenses
• 10 involve other offenses like vandalism, trespassing, etc.
• 9 involve firearm crimes
• 8 involve assault offenses

 

The laws that permit mandatory minimum sentences may be changing, however.  In the National Defense Authorization Act signed by President Obama last year, a provision was inserted requiring a review of mandatory minimum sentences by a panel that advises judges on prison terms.

 

In the meantime, you could still face a mandatory minimum sentence if you are convicted of a misdemeanor or felony in Virginia.  For this reason, you must take steps to protect your rights: hire a skilled criminal defense attorney like one from Tavss Fletcher as soon as possible.

Refusing a breathalyzer test in Virginia

Drinking and driving is a hot-button issue in Virginia.  If you are caught driving while intoxicated, some police officers and judges will treat you like you have the plague, mainly because they don’t want to appear soft on drunken drivers.

 

If you find yourself facing a DUI charge, you might have some questions about Virginia’s DUI laws.  One thing not all drivers realize is that Virginia is one of the states with an implied consent law.

 

In states with an implied consent law, you agree to be tested (i.e. blood, breath, urine) for alcohol or other drugs every time you operate a motor vehicle.  It doesn’t matter where your home state is or where driver’s license is from – you are required by law to submit to a breathalyzer, urine or blood test if you drive on Virginia roads.

 

Some drivers, when stopped under suspicion of driving while intoxicated, refuse to take a breathalyzer test, thinking they’ll be off the hook if the officer can’t prove that they are drunk.  Unfortunately, this isn’t the case.

 

If you refuse a breathalyzer test, you could face the following consequences:

• Points on your driving record
• Loss of your license
• A misdemeanor charge
• Loss of your license for three years if you refuse a breathalyzer and have a previous DUI conviction

 

Not only that, but the police can still get a warrant to test your blood for alcohol or drugs.

 

Need to talk to an attorney about a DUI case?  Please contact the skilled and experienced lawyers at Tavss Fletcher today.

When can ignition interlock devices be used for DUI offenders?

Ignition interlocks are devices that can be attached to a vehicle’s starter so that the vehicle won’t start if the driver has been drinking.  In some types of DUI convictions an ignition interlock can be ordered by the court.  For other types of convictions, these devices will be required by the DMV even if not required by the court.

 

The court can require that you have an ignition interlock device installed on every one of your vehicles as a condition of restricted driving privileges or for full restoration of driving privileges if you’ve been convicted of one of the following:

• A second DUI offense within 10 years, or
• A third DUI or subsequent offense within 10 years, or
• A first DUI offense with a BAC of 0.15 or above.

 

As a condition of restricted driving privileges or for full restoration of driving privileges, the DMV will required that you have an ignition interlock device installed on your vehicle even if it not required by the court in the following situations:

• A second DUO offense conviction within 5 years, or
• A third or subsequent DUI offense conviction within 10 years, or
• Three separate DUI offense convictions within 10 years.

 

To speak with one of our Norfolk Virginia criminal law attorneys about your DUI case, please contact Tavss Fletcher at 757.625.1214

Overview of Virginia’s drunk driving laws

Virginia laws pertaining to individuals found driving with a BAC above the legal limit have been given a rating of “fair” by the Insurance Institute for Highway Safety (IIHS).  This means that Virginia’s DUI laws are about average compared to other states.

 

Brief summary of Virginia’s drunk driving laws:

• If a driver’s blood alcohol content (BAC) reaches 0.08 in Virginia, the driver is considered too intoxicated to drive.
• There is an automatic seven day administrative license suspension in Virginia for a driver’s first DUI offense.
• In Virginia it is not possible for a DUI driver to have their driving privileges restored while their license is suspended (some states allow driving privileges to be restored if the individual can demonstrate that they are suffering from a special hardship because of the restriction).
• Virginia is one of 47 states that uses ignition interlock devices (a device connected to a vehicle’s ignition system, disabling it if alcohol is detected on a driver’s breath).
• Virginia is one of 32 states where drivers with multiple DUI convictions may be required to forfeit their vehicle.

 

Read more about DUI accident information in our law library articles “Virginia Drunk Driving Statistics” and “Reasons Why Breath Tests Sometimes Fail to Give Accurate Results”.

Virginia Budget Woes Means Nonviolent Inmates Could be Released Early

It seems that no individual or institution is immune to the effects of the sluggish economy these days.  Even Virginia prisons are looking for ways to save money, and they may have found one to make nonviolent offenders smile.

 

Leaders from the Virginia State Senate are working on a proposal to redesign state criminal sentencing policies which could result in releasing hundreds – even thousands – of nonviolent inmates early.

 

Some ideas being floated include allowing inmates to secure early release if they agree to home monitoring or if they successfully complete a drug treatment program.  If the number of incarcerated nonviolent offenders could be reduced enough, Virginia would be able to close one or two prisons – a substantial savings.

 

While the move is risky from a political perspective – the idea of releasing a large number of offenders before their time is up rankles many citizens – it has the potential of saving the state tens of millions of dollars.  That kind of savings is too good to ignore in this economic climate.

 

Some lawmakers believe that if citizens took the cost savings into consideration, they would be all for the proposed changes.  After all, it costs the state about $25,000 to incarcerate a non-violent offender – wouldn’t the money be better spent on education or transportation?