Case Results

The results of any criminal or traffic case depend on the facts and circumstances of each case and the Prosecutor and Judge who has been chosen to handle the case. Past results do not guarantee future success.  Unlike many firm’s web sites where they list only the good outcomes, this list is not “cherry picked” for all the good results.  To give you an idea of average case results, here is a 10 month period (12/20/16 – 10/31/16) of every case that Dave Albo handled.  So, unlike many attorney’s web sites where you only see the great results, this is all the “winners” and the “losers.”   

10.31.17

Felony Destruction of Property, Misdemeanor Destruction of Property, Disorderly Conduct, Assault & Battery

Result:  Felony Destruction of Property and Assualt & Battery Dismissed.  Convicted of Misdemeanr Destruction of Propery and Disorderly Conduct.  No Jail.

Interesting Factors:  The main thing here is to get the Felony dismissed.  The property allegedly destroyed was a lap top comuter.  Police claimed it was > $1000 in value.  But the vaue is not the value of a new computer,  but rather the replacement value of the used computer.  My research showed that a 5 year old Dell lap top was valued at $134 and NOT $1000.  This enabled us to get the Prosecutor to dismiss the Felony.

10.30.17

Two Felony Possession of Schedule 2 Narcotics, Misdemeanor Possession of Schedule 3 Narcotic, Possession of Marijuana.

Result:  All Felonies and the Possession of Marijuana Dismissed.  Preal of Guity to Possession of a Schedule 3.  No jail.  Active Probation for 1 years, and 6 months restricted driver’s license.

Intersting Factors:  Great result.  Most important thing is to get off the Felonies!!!  And we were able to acheive this without jail.

10.27.17

Reckless Driving Accident.  Juvenile and Domestic Relations Court

Result: Reduced from Misdemeanor of Reckless to a mere Traffic Infraction of Improper Driving.  And if client has no further violations for 6 months (already completed safe driving course) case will be dismissed!

Interesting Factors:  Client was under 18.  There are lots of special things that can be done for a juvenile that can not be done in adult court.

10.24.17

DUI

Result:  Went to trial and convicted.  No jail, fine, ASAP, Restricted license, Ignition Interlock

Interesting Factors:  Client had a very bood defense for acid reflux.  This defense shows that the breathalyzer can not properly measure blood alcohol levels for peopel with acid reflux.  But this defense requires expert witnesses and unfortunately, client chose not to hire one.  Thus, we lost the trial.   Client did appeal so we hope to eventually win.

10.18.17

Drunk in Public

Result:  Guilty.  $50 fine

Interesting Factors:  Don’t iwn them all!

10.17.17

Felony Discharge of a Firearm in an Occupied Dwelling.

Result: Misdemeanor Disorderly Conduct.  No jail.  Destruction of the AR-15, Gun Safety course.

Interesting Factors:  This case was high stakes.  Client is a political refugee from a foreign country.  He could not get the felony or he would be deported and possibly killed when he went back to his home country.  Also, if he got the Misdemeanor, he had to have less than 365 days in jail, even if it was suspended time.  That could have also resulted in deportation.  We hired an immigration attorney to consult on this case.  We were able to get it reduced to a small Misdemeanor and the jail was 179 days with 179 suspended!

10.16.17

DUI with Elevated Blood Alcohol (0.15)

Result:  Guilty of lesser offense of DUI without Elevated BAC.  (Note, the elevated BAC of .15 would required 5 days in jail to serve).   Sentence was $250 fine, ASAP, no jail.  Client decided that she needed a restricted license so she got ignition interlock and a restricted license.

Interesting Factors:  The video clearly showed our client was intoxicated.

10.16.17

DUI with Elevated Blood Alcohol (0.17)

Result:  Guilty of lesser offense of DUI without Elevated BAC.  $250 fine, ASAP, no jail.  Client decided not to get a restricted license so no ignition interlock

Interesting Factors:  I helped write the law establishing mandatory ignition interlock.  Embedded in that, is a loop hole that says that if the Defendant chooses not to drive, no interlock is required for first offense non-elevated blood alcohol.  So, by getting this down from an elevated BAC of .17 to a regular BAC of .14, no interlock was required because client chose not to drive for one year.  When you have access to mass transit, this is often a great move.

10.5.27

Reckless by Speed

Result:  Failure to Pay Full Time and Attention (will not appear on DMV record and no points)

Interesting Factors:  Since the County Code section of Failure to Pay Full Time and Attorney is not in the Va Code, the DMV does not recognize it on DMV records.

10.4.17

Possession of Marijuana

Result:  Reduced to Possession of Paraphernalia

Interesting Factors:  Last year as a Member of the State Legislature, I separated the Possession and the Sale of Paraphernalia in the Code.  Make sure your attorney uses the correct code section to be sure it is mer possession and not distribution.

10.2.17

Reckless Driving by Speed 90 mph in a 55 mph zone

Result:  Reckelss Driving.  No License supsension.  $150 fine.

Interesting Factors:  At speeds > 85, Course usually suspemd licenses.  At speeds > 90 mph, jail is common.  We asked for speeding, but the Prosecutor thought 90 mph was just too fast.  We thought that getting through this without a license suspension was a good deal.

9.26.17

Reckless Driving by Speed (82 in a 65 mph zone) (Arlington GDC)

Result:  Speeding 73 in a 45 mph zone.

Interesting Factors:  This client had two previous Recklesses reduced to speeding 20+ over.  So getting this to Speeking was a miracle!

9.20.17

DUI & Refusal

Result:   Refula Dropped .  DUI Guilty:  $250 Fine.  No Jail.  ASAP.  One Year Restricted liense and ignitioin interlock.

Interesting Factors:  Quite often people do not want to go to trail when there is a Refusal because it results in one year absolute loss of license – no driving for any reason.  So if a client can not risk losing a license, and therefore lost his job, he will often agree to plead to a DUI with a restricted license so that he can be assured for driving.

9.18.17

Felony Assualt & Batter on a Police Officer

Result:  Misedmeanor Assault and Battery.  12 months in jail with 12 months suspended (no jail).

Interestion Factors:  Client pushed the officer away.  But the Police Officer said that she pushed him forcefuly.  Instead of going to trial, client decided to play it safe by accepting the Misdemeanor with no jail.  The Felony would have required 6 months mandatory jail.

9.13.17

Possession of Marijuana:

Result:  Dismissed pursuant to VA Code 18.2-251 program which requires drug education, no further violations and a restricted drivers license for 6 months.

Interesting Factors:  The 18.2-251 program is usually easily obtained, but this client had a criminal record.  We had to explains to the Prosecutuor that the convictions on his record were not the typ which would exclude him from the 18.2-251 program.

9.12.17

Reckless Driving (Accident)

Result:  Reduced to Improper Driving (a mere traffic offense) and $100 fine.

Interesting Factors:  Client turned in front of two oncoming vehicles.  We got it reduced to Improper because he were able to pshow the Prosecutor that this was an error in judgement and not the requisite “gross or wonton disregard for life, limb or property.”

9.11.17

Felony Hit & Run

Result:  Misdemeanor Hit & Run with 30 days in jail (15 to serve) and 90 days loss of license.

Interesting Factors:  Client was seen driving away from an accident by the driver of the other vehicle.  He admitted to the accident.  So getting this dropped from a Felony to a Misdemeanor was a big achievement.  In order to get the reduction, the Proeseuctor demanded jail.  It was a smart move for our client to accept 15 days in order to avoid having a Felony record for the rest of his life.

9.6.17

DUI with Elevated Blood Alcohol of .17.  Not charged but potential charge of Felony Hit & Run.

Result:  Acheived a Plea Agreement which plead to the mandatory minimum jail of 5 days. Plus we agreed to another 2 1/2 days to serve in exchange for a primise not to charge the Felony Hit and Run.

Interesting Factors:  Whilewe did not win this case or even get a reduced penalty to the DUI with Elevated Blood Alcohol, it was a BIG acheivement to get a guarantee that the Felony Hit & Run would not be charged.

9.5.17

Speeding 48 in a 25 mph zone.

Result:  Dismissal after successful completiong of Driving School.

Interesting Factors:  This client is from China and wanted to keep his US driving record completly clean.  We had him get his China Driving record and had it translated to show the Court that he had a perfect record.  This impressed the Prosecutor and Judge, and they gave him the ability to take a safe driving course and earn a dismissal.  The case was in Alexandria and that court is one of the few that still does driving school.

8.30.17

Violation of Probation.  Originia charge DUI.  New charge Possession of Marijuana and Driving after being Revoked.

Result:  Violation founded but no further punishment

Interesting Factors:  This client was in a lot of trouble.  When a person is convicted of DUI, the Judge usually give suspended jail time.  The jail is suspended “conditioned on good behavior and following all the rules of Probation.  So when a person violates these rules by getting charged for Possession of Marijuana, the DUI Judge can give the suspended jail.  Mut the worse thing is to drive after the Judge specifically told the Defendant not to drive.  This is a total aftront to the Judge.  In this case we were able to show the Judge some mental health issues, which caused the Judge to be sympathetic to the Defendant because he has issues he can not help.  The lych pin of our argument was that the Defendant is tring to help himself by dilligently going to treatment.

8.9.17

Reckless Driving by Speed (85 mph in a 50 mph zone) (Stafford GDC)

Result: Speeding + a reduction of the speed to 79 mph in a 65 mph zone.

Interesting Factors: Any time a driver hits 90 mph, things get scary, especially in Stafford where the Court is strict on giving jail for high speeds and suspending licenses.  Also, Prosecutors are not involved in Reckless Driving cases, so you have to make your one and only pitch to the Judge, and it better be good.  We had our client use our system of an in-person driving course from our recommended courses, and a speech highlighting factors we know will impress the Judge.  Also, our client had a flawless driving record which enabled us not only to get the charge reduced from the crime of Reckless to the mere traffic infraction of speeding, but also a reduction in the speed from 90 mph to 79 mph.  Thus reducing the DMV demerit points by 2.

7.27.17

Reckless Driving by Speed (90 mph in a 65 mph zone) (Federal Court – Eastern District of Virginia. Alexandria, Va)

Result: Speeding + a reduction of the speed from 90 mph to 69 mph.

Interesting Factors: Got a little lucky on this one.  The Police Officer’s calibration on his radar was inaccurate.  He did have a pace also, but the Prosecutor agreed to lower the charge instead of going to trial.  We always check to see if the Police have their calibrations.  It is rare they do not or that the calibrations are inaccurate, but it does happen.  Many lazy attorneys don’t check.

7.26.17

Drunk in Public (Arlington GDC)

Result: Continued to be Dismissed upon 40 hours of community service.

Interesting Factors: For most people, it is not worth hring a lawyer for a drunk in public.  It is a very minor charge and usually punishable by a $50 fine.  However, for people in regulated professions, charges like this can be career enders.  In this case I worked with the Proseuctor to find a way that my client could still be punished (thus making the Prosecutor happy) but still not result in a conviction (thus making my client happy).  40 hours of community service is a lot, but it was worth not losing a career.

7.17.17

Driving on a Revoked License.   (Federal Court – Eastern District of Virginia. Alexandria, Va)

Result: Dismissed.

Interesting Factors: This was tricky.  Client’s license was suspended by the Maryland DMV for a previous DUI.  In Maryland the DMV suspends licenses after DUI.  In Virginia, the Court does it.  The Maryland DMV record was confusing, though.  And I think, after discussing the case with me, the Prosecutor realized that he would have trouble establishing that the license was in fact suspended based solely on the DMV record.

7.11.17

Reckless Driving by Speed (55 mph in a 35 mph zone) (Prince William GDC)

Result: Speeding + a reduction of the speed from 20 mph over the limit to 19 mph over the limit.  This reduces the DMV demerit points from -6 to -4)

Interesting Factors:  Normally police don’t write a 20 mph over as Reckless.  It is barely Reckless (anything 20 or more over the limit can be charged as Reckless).  But our client’s DMV record was horrible.  On top of that, if she got too many DMV points, the DMV would suspend her license.  This required a very delicate balance.  We needed to get it reduced to speeding, but could not accept a speed at 20+ because that would give too many DMV demerit points.  In exchange for going to driving school and receiving no mor charges for three months, the Court will reduce the charge to speeding and lower the speed to 19 mph over, which reduces the DMV demerit points from -6 to -4.

7.11.17

Felony Grand Larceny (Fairfax GDC)

Result: Convition of a reduced charge of Misdemeanor Petit Larceny with no jail.

Interesting Factors:  This was at Target and they have extensive video throughout the store. While we had hoped to achieve a total dismissal, getting the charge reduced from a Felony to a Misdemeanor was significant and the Client was hesitant to go to trial on the Felony, given the extensive video of the incident.

7.10.17

Driving Under the Influence of Alcohol with a BAC of 0.09 (Fairfax GDC)

Result: Reckless Driving

Interesting Factors: Our client did not perform any field sobriety tests. The officer claimed he refused them. Without them, the validity of the arrest was in question. When the prosecutor declined our request on his behalf to change the case from DUI to Reckless Driving, we set the case for trial. Shortly before the trial, the prosecutor agreed to the Reckless Driving disposition after all. As part of the punishment, our client had to complete the VASAP program, pay a fine, and suffer a six-month restricted license. However, he avoided the “drunk driving stigma,” saved himself six extra months of a restricted license, and avoided the embarrassment and expense of an ignition interlock.

7.10.17

Possession of Marijuana (Fairfax GDC)

Result: Case Dismissed

Interesting Factors: The prosecutor agreed to postpone our client’s court date for twelve months. During that time, she will do 24 hours of community service, enter and complete the VASAP program, and suffer a 6-month restricted driver’s license. After this time, and completing these terms, the court will dismiss the case.

7.7.17

Reckless Driving 86 Miles Per Hour in a 70 Zone (Botetourt GDC)

Result: Defective Equipment, $50 fine.

Interesting Factors: We negotiated the crime of Reckless Driving down to the minor infraction of Defective Equipment on condition that he complete an 8 hour “driver improvement class.” The reduced charge is not a moving violation, so our client has no criminal conviction, no moving traffic infraction, and no demerit “points.”

6/30.17

Bribery of a Public Official, and possible additonal charges of Government Contracting Fraud (Federal Court – Eastern District of Virginia. Alexandria, Va)

Result: Plea of Guilty to one count Bribery.  In home incarceration.

Interesting Factors:  In my experience spanning 30 years, when the Federal authorities contact a Client, they already know everything.  They often investigate cases for over a year, or even multiple years and gather so much evidence, that going to trial is very risky. On this case, we agreed to plea and testify against government officials.  No guaranteed deal.  Our other option was to go to trial, but just on the Bribery alone, it looked like 8-10 years in prison.  And if we had gone to trial, the Feds would likely add fraudulent billing charges.  And that would cause the eventual sentence to be even greater than 10 years.  I worked with our client for three years.  A really nice and wonderful man who just made the mistake of a lifetime.  In the end, one year in prison was an amazingly good outcome.  Home incarceration is rare, but our client has serious medical issues.  We successfully convinced the Judge that the prison system could not adequately care for our client.

6.27.17

Reckless Driving by Speed (Fairfax GDC)

Result: Speeding (Same Speed), $150 fine.

Interesting Factors: We negotiated the crime of Reckless Driving down to the minor traffic infraction of Speeding. This case was challenging because our client’s driving record had recent, prior Speeding violations. We resolved this case in our client’s absence, saving our client the inconvenience of coming to court.

6.26.17

Reckless Driving by Speed (Fairfax GDC)

Result: Speeding 69 Miles Per Hour in a 50 Zone.

Interesting Factors: In addition to having this case reduced from the crime of Reckless Driving to the mere traffic infraction of Speeding, the prosecutor agreed to reduce the alleged speed which reduced the number of demerit “points.”

6.26.17

Felony Distribution of Cocaine;  (Loudoun County Circuit Court)

Result: Felony Possession of Cocaine.  No prison time.

Interesting Factors:  While people rarely get one day in jail for possession of drugs, distribution is an entirely different matter.  Prison can be expected, and if a Defendant decides to go to trial and the trial is before a jury, sentences of 8 -15 years are not unheard of.  While I would have liked to have delivered my client (a very nice young man) a reduction to possession and an eventual dismissal through the program for first-time possession offenders, the Prosecutor thought that he was giving too good of a deal by agreeing to a reduction from Distribution to Possession.  As Defense attorneys, we can’t make a Prosecutor do anything.  Our option was to go to trial, and that was too dangerous.   We eventually agreed to no jail, and our client decided to accept it.

6.23.17

Felony Attempted Abduction with Intent to Defile, and Sexual Battery (Alexandria Circuit Court)

Result: Conviction of Two Counts of Misdemeanor Sexual Battery

Interesting Factors: Allegations of sexual offenses where the victim is a stranger are some of the most difficult cases to resolve well. In this case, there was a full confession before we were retained. However, our client had extreme mitigating circumstances that we used to persuade the prosecutor to reduce the felony down to a misdemeanor. Our client served 30 days in jail on the two misdemeanors.

6.23.17

Reckless Driving by Speed (> 20 mph) (Fairfax Juvenile Court)

Result: Reduced to Speeding + a reduction of the speed from 20+ over to 19 mph over if no further violations for one year.

Interesting Factors: Client was a teenager with a previous serious speeding.  I had the parents execute my “parenting plan” to show the Judge what they are doing to address the situation.  The Judge was impressed and agreed to lower the charge to speeding and an additional reduction to 19 mph over to reduce the points from a -6 to a -4 DMV demerit point.

6.19.17

Unlawful Entry, Destruction of Property, Obstruction of Justice, and Assault & Battery (Arlington Circuit Court)

Result: Convictions for all charges, except Destruction of Property, 2 Days in Jail (Net)

Interesting Factors: Using a different law firm, our client lost his trial on these charges in the General District Court. He hired us to appeal the case for a new trial in the Circuit Court. Our client was allegedly drunk, broke into a coffee shop, assaulted a cleaning employee and scared other employees, and was extremely combative with police as they tried to arrest him. The arrest was violent, involving a Taser and a K-9. He was sentenced to 15 days in jail. Shortly before trial, we negotiated a plea agreement, dismissing one of the four charges and reducing his jail sentence from 15 days to 2 (both net). There were strong mitigating circumstances that we highlighted to the prosecutor. The judge, visibly uncomfortable with such a lenient disposition, however, hesitated before accepting the plea agreement.

6.19.17

DUI / DWI (blood alcohol level .13) (Arlington GDC)

Result: Plea of Guilty.  $300 fine, No jail, Restricted License, Ignition Interlock, ASAP

Interesting Factors:  Client told police, “I drank too much because of my small stature.”  An admission like this makes winning nearly impossible.  We locked in a plea deal for the minimum punishment allowed by law.

6.14.17

Felony Burglary, Computer Trespass, Petit Larceny (Fairfax GDC)

Result: Case Reduced to Unlawful Entry (misdemeanor), with the Other Charges Dismissed; Unsupervised Probation, and Client Ordered to Stay Away from Location of Alleged Burglary.

Interesting Factors: We negotiated a compromise whereupon the prosecutor reduced the serious felony of Burglary down to the misdemeanor Unlawful Entry, dropped the Computer Trespass and Petit Larceny charges, and agreed to no jail and no active probation. We highlighted to the prosecutor a factual argument that, if accepted by a judge or a jury, would have led to a dismissal of the charges.

6.12.17

DUI / DWI (Blood Alcohol Content .18 + Accident; Reckless Driving; No Operator’s License) (Fairfax GDC)

Result: Reckless Dismissed.  No Operator’s License Dismissed.  Plea of Guilty to First Offense DUI with Elevated BAC.  Mandatory 5 days in jail.  Client elected not to drive for one year so he would not have to install an ignition interlock machine.

Interesting Factors: Some times winning is impossible.  Client was driving down highway with multiple blown out tires and driving on his rims with sparks coming out.  Pleading to the minimum punishment and getitng the Reckless and No Operators’ License dismissed was a fair deal.

5.31.17

Public School Expulsion (Fairfax PS)

Result: Suspension from Prom and Graduation.

Interesting Factors: For a high school senior, missing prom and graduation is awful. However, being expelled from school, not graduating on time, and being ineligible to go to a top university as planned is worse.  Fortunately, for this young man accused of using marijuana on school grounds, our advice to his parents led to the suspension of Prom and Graduation and not the more catastrophic consequences of being denied admission to college.

5.17.17

Reckless Driving 63 mph in a 35 mph zone (Fairfax GDC)

Result: Plea Guilty Reckless, no jail and no license suspension

Interesting Factors:  Our Client had a horrible DMV record.  He had a previous Reckless amended to a Speeding 20+ over, a Speeding 1–14 mph over, A Reckless Speeding 20+ over, and a Reckless reduced to Improper Driving.  Initially, I thought the best we could do was a few days in jail because of the excessive speed and horrible record.  At best I predicted no jail and a loss of license.  But with this deal we got no jail and no license suspension!

5.10.17

Drinking in Public (Arlington GDC)

Result: Dismissed

Interesting Factors:  This is a tiny charge.  Barely even a crime.  But in NOVA where people have highly regulated jobs (e.g. security clearances), even a little charge like this can be catastrophic to a career.  Client was drinking a beer at a Metro stop.  Pretty much no defense to this.  But I had our Client do lots of community service before the court date.  I told the Prosecutor, “My Client did the punishment before Court instead of after.”  Prosecutor dropped the charges.

5.9.17

DUI / DWI (Elevated Blood Alcohol level of .20) (Fairfax GDC)

Result: Plea Guilty with delayed entry date so did not lose job as a professional athlete (Minor League Baseball)  $400 fine, 5 days mandatory minimum in jail, Restricted driver’s license, ignition interlock, ASAP

Interesting Factors:  With a BAC of .20, Prosecutors do not negotiate.  So our choice was to go to trial or plea.  While we had a good argument on Probable Cause, if we lost, jail would start then and there.  Client had to report in a few days to Minor League Baseball Camp.  We got the Court to agree to something they almost never do and delay the entry of the jail sentence for 4 months when the baseball season was over.

5.10.17

Drinking in Public (Arlington GDC)

Result: Dismissed

Interesting Factors:  This is a tiny charge.  Barely even a crime.  But in NOVA where people have highly regulated jobs (e.g. security clearances), even a little charge like this can be catastrophic to a career.  Client was drinking a beer at a Metro stop.  Pretty much no defense to this.  But I had our Client do lots of community service before the court date.  I told the Prosecutor, “My Client did the punishment before Court instead of after.”  Prosecutor dropped the charges.

5.3.17

Possession of Schedule 1 Narcotic (Cannabinoid Oil) (Prince William GDC)

Result: Dismissed after 25 hours community service, substance abuse evaluation and treatment as recommended, and drug education class.

Interesting Factors:  Marijuana can be dismissed through a special code section that allows first-time offenders who take drug education and get their license suspended to eventually have their charge dismissed.  While Cannabinoid Oil is derived from Marijuana, it is not considered Marijuana for this code section.  Instead, it is considered in the classification of the worst drugs – Schedule 1.   I explained to the Prosecutor what the oil was, and he agreed to give the same punishment as if this was Marijuana.

4.28.17

Stalking

Result: Dismissed on conditions.  Charge amended down to Use of Profane, threatening, or indecent language.  Client pleads Not Guilty but stipulated that if this went to trial, would lose.  Case continued for one year.  If client has no contact with the Complaining Witness, case will be dismissed.

Interesting Factors:  Difficult case, but getting the Stalking amended to a minor crime was the first victory and eventually, this case should be dismissed.

4.27.17

Dangerous Dog Injures Human (Fairfax GDC)

Result: Convicted as Charged

Interesting Factors: Our client and spouse were both charged with having a Dangerous Dog after their dog, who had previously attacked a human, did so again. We negotiated a deal with the prosecutor where our client would give the dog to a relative in another state in exchange for dismissing the case. However, it is not easy to find someone willing to take such a dog under these circumstances. In what must have been a difficult decision, our client agreed to the conviction and voluntarily euthanized the dog. The case against the spouse was dismissed.

4.18.17

Felony Assault and Battery of a Law Enforcement Officer (Loudoun GDC)

Result: Misdemeanor Disorderly Conduct

Interesting Factors: Assault and Battery of a Law Enforcement Officer is a serious felony with a mandatory 6-month jail sentence if convicted. In this case, we showed the prosecutor how this was really a misunderstanding involving our admittedly intoxicated client. This compromise spared our client jail time and a felony.

4.14.17

Littering (Fairfax GDC)

Result: Dismissed.

Interesting Factors:  Police say Client flicked a cigarette out of a window.  Believe it or not, this is a Class 1 Misdemeanor.  I argued to the Prosecutor that our Client has already been punished because he had to pay our fee.  Prosecutor agreed.

3.29.17

DUI. BAC of 0.11. (Fairfax GDC)

Result: Dismissed.

Interesting Factors: Went to trial on this case. While the video did not show the image of the Client (the Officer had the video pointing in the wrong direction) you could hear the audio. Argued to the Judge that Client’s speech was articulate and responsive. This lead to doubt that the Client was possibly intoxicated at the scene and case dismissed on Probable Cause.)

3.28.17

DUI
Reckless by Speed
Refusal.  (Fairfax GDC)

Result: Refusal and Reckless dismissed.  Plea of Guilty to DUI.  $500 fine with $250 suspended ($250 fine), 90 days in jail with 90 suspended (no jail), Twelve months loss of license with the ability to drive to and from work and school; Installation of ignition interlock.  After six months, can file a motion to have it removed; Successful completion of ASAP.

Interesting Factors: Could have gone to trial, but even if won the DUI, being found guilty of Reckless and Refusal was likely.

3.27.17

DUI

Refusal (Arlington GDC)

Result: DUI Dismissed.  Plead Guilty to Refusal.  180 days in jail with 176 suspended (4 days in jail. Serve 1/2 time so that would be 2 days to serve); 6 mos loss of license.  Can petition for a restricted; $1500 fine with $1200 suspended ($300 fine); ASAP.

Interesting Factors: Client was a legal immigrant.  Hired an immigration attorney who stated that he would likely be deported if was convicted of DUI.  This was a major victory because he was only found guilty of first offense Refusal, which is not a crime.

3.27.17

DUI / DWI; Refusal (Arlington GDC)

Result: Reduced to Reckless with two days to serve in jail.  6 months restricted license, $300 fine, ASAP. Refusal dismissed.

Interesting Factors:  Major victory because if he was convicted of the DUI, his immigration attorney said he would be deported.  It was worth the 2 days in jail to the Client to avoid deportation.  I was able to show the video to the Prosecutor, which showed that the Client was acting sober.  This convinced the Prosecutor to drop the charge to Reckless, but he wanted jail in exchange.  In light of being deported, two days in jail was acceptable to the Client.

  

3.24.17

Reckless Driving (33mph over the limit) (Alexandria GDC)

Result: Speeding (19mph older the limit) conviction

Interesting Factors: The driver had an awful speeding ticket record and had been ordered into traffic school by the DMV. The prosecutor credited his DMV traffic school, effectively giving him double credit. By lowering the alleged speed, the DMV will assign fewer demerit points.

3.22.17

Reckless Driving (82mph in a 70mph zone) (Emporia GDC)

Result: Defective Equipment conviction (which is not a moving violation).

Interesting Factors: The driver lived far from Virginia and our lawyer was able to resolve this case in his absence. His out-of-state record was clean for the past four years, but was spotty prior to that.

3.22.17

Felony Child Abuse & Neglect, DUI 2nd Offense in Five Years with Elevated Blood Alcohol Level of 0.17, Reckless Speeding 125 mph in a 70 mph zone (and while using Face Time), Possession of Marijuana, and Unbuckled Minor. (Caroline GDC)

Result:  Felony dismissed. No seat belt for Minor, and Possession of Marijuana also dismissed.  Plead guilty DUI 2nd in 5 yrs with a BAC of .17.  12 months in Jail with 6 months suspended.  30 days are mandatory minimum.  (Serve 30 days + 1/2 of the remaining 5 mos. = about 3 1/2 months of jail).  Three year loss of license. Can petition after 1 yr. for restricted with interlock in the car. Successful completion of ASAP.  $500 fine.  Guilty Reckless Driving at 125 mph. 12 months in Jail with 9 months suspended. (1/2 time for3 months is 1.5 months of actual jail)  6 mos loss of license.

Interesting Factors:  As you can see from the list of charges, getting out of this case without a Felony was a major success.  DUI, 2^nd Offense, high blood alcohol, unbuckled child in the car, speeding 125 mph while doing Face Time.  Resulting in no Felony and approximately 5 months in jail.

3.16.17

DUI – Drugs (Clarke GDC)

Result:  Plea of Guilty.  No jail and a Restricted license to enable client to get to medical appointments for Client and family member.  $500 fine with $250 suspended ($250 fine); 120 days in jail with 120 suspended (no jail);12 months loss of license with the ability to drive to and from medical appointments for Client and family member, Ignition interlock for one year (Can petition to have it removed after 6 months.); Successful completion of ASAP

Interesting Factors:  A person can be convicted of DUI for things other than alcohol.  Prescription drugs – even those prescribed to a person by his doctor – can cause intoxication.  This case, drugs prescribed by a doctor that were in too high a dose caused our client, through no fault of his own, to drive erratically.  Unfortunately the law does not provide for an exception.

3.15.17

Failure to Yield to Pedestrian – Resulted in death to Pedestrian.  (Alexandria GDC)

Result:  $30 fine

Interesting Factors:  This case went to trial.  We convinced the Prosecutor that even though the Pedestrian was killed, the intersection itself was dangerous.  We showed VDOT records of changes in the crosswalk lights and traffic lights trying to correct what was a confusing intersection.  Prosecutor was honorable and did their job correctly by not amending to a Felony because this was truly just an extremely unfortunate accident.

3.14.17

Possession with the Intent to Distribute Marijuana – Felony
Distribution of Marijuana – Misdemeanor  (Fairfax GDC)

Result:  Felony dismissed.  Plead guilty to Misdemeanor. 12 months in jail with 10 months suspended.  Serve 1/2 time on Misdemeanors, so that will be 30 days in jail. $250 fine. Driver’s license will be suspended for 6 mos.  That is required by law.  Eligible for a restricted license.

Interesting Factors:  Do not sell drugs.  While many people do not think Marijuana is a big deal, the law in Virginia thinks it is.    Normal result is a Felony record for the rest of your life and prison.  Under the circumstances, being found guilty of only a Misdemeanor and serving just 30 days in exchange for never having a Felony conviction on the criminal record for life was a great outcome.

3.13.17

Possession of Marijuana (Prince William GDC)

Result: Case Dismissed

Interesting Factors: The prosecutor agreed to postpone our client’s court date for six months. During that time, he will do 50 hours of community service and submit to monthly drug screens. After six months, the prosecutor will ask the court to dismiss the case. This is different from the “first offender program,” because (1) there is no mandatory 6-month license suspension as required by that program and (2) our client will be able to expunge his arrest, which is not possible after that program.

3.9.17

Sexual Battery (Prince William GDC)

Result: Simple Assault & Battery conviction, no jail

Interesting Factors: We negotiated a plea agreement to change the charge from a sex offense to a non-sex offense misdemeanor. However, our client rejected the agreement and wanted to go to trial. At the last moment, he changed his mind and accepted it. He entered an “Alford” plea, wherein he did not admit to any wrongdoing but agreed to a plea agreement anyway. The punishment was slight – no active jail, no supervised probation, and no fine. He need only remain crime free for a year and have no contact with the complaining witness.

3.6.17

Domestic Assault & Battery (Arlington JDR)

Result: Case Dismissed
Interesting Factors: Seconds before trial, the prosecutor dropped the case unconditionally. We persuaded the prosecutor that the evidence showed that the complaining witness was the one who assaulted our client and that our client merely acted in self-defense.

3.1.17

Reckless Driving 89 mph in a 55mph zone. (Fairfax GDC)

Result:  Plead Guilty.  $250 fine.  No jail. No license suspension

Interesting Factors:  While jail is not a normal outcome a 89 mph (usually jail is only in play for a person with a good record at speeds greater than 90 mph), a license suspension almost always results at a speed of 89 mph.  Client needed license to work so accepted this deal.

2.28.17

Felony Hit & Run (injury to a person and damage to attended property with a value of greater than $1000) Reckless Driving  (Colonial Heights GDC)

Result:  Felony amended down to a Misdemeanor without jail.  80 hours of Community Service.  12 months in jail with 12 months suspended.  (No jail if do not get another charge over the next three years and follow the rules of probation.)  Evaluated by Community Corrections to see if alcohol or drug education needed.   DMV will revoke commercial driver’s license for one year but no restrictions on personal driving.  Plead Not Guilty but stipulated facts sufficient for guilt on a Misdemeanor Reckless Driving – Not Under Proper Control. $500 fine.  12 mos in jail with 12 mos suspended.  (No jail if do not get another charge over the next three years and follow the rules of probation.)

Interesting Factors:  This was a case where a truck driver struck a VDOT maintenance truck on I-95 and did not stop.  Getting the Felony dropped to a misdemeanor and no jail, under the circumstances, was an amazing outcome.

2.27.17

Reckless Driving by Speed.  95 mph in a 60 mph zone which was a “Highway Safety Corridor. (Prince William GDC)

Result:  Plea of Guilty.  60 days in jail with 60 days suspended (no jail as long as not convicted of another serious offense in the next year).  $250 fine doubled for being in a highway safety corridor.

Interesting Factors:  Most Judges in Prince William, and elsewhere for that matter, have an unwritten rule that the Defendant will receive one day in jail for every mph over 90 in a 55 mph zone.  So this case would have normally resulted in 5 days in jail and an outright loss of license for 6 months.  We pointed out that our client had an excellent driving record, great grades and was an otherwise superb citizen.  We also had our client attend a special driver improvement program which we recommended.

2.27.17

Frequenting a Bawdy House (Fairfax GDC)
Possession of Marijuana

Result: Cases Dismissed (the Bawdy House charge summarily dismissed, the Marijuana charge will be dismissed through the “first offender” program).

Interesting Factors: There was a dispute as to whether our client had really requested any sexual services of an alleged prostitute. Although circumstances were suspicious, it was arguable that he was only seeking a massage.

2.23.17

Driving Under the Influence of Alcohol, Second Offense within 10 Years (Prince William GDC)

Result: DUI, First Offense conviction

Interesting Factors: The second offense conviction would have carried a mandatory 10-day jail sentence and a three-year license suspension. By reaching a compromise, the prosecutor reduced the case from a second to a first offense. As a result, our client served only 5 days in jail (or 4 with credit for his time upon arrest). He also suffers only a one year license suspension, as opposed to three. We persuaded the prosecutor to reduce the charge by pointing out an error in prior conviction paperwork.

2.17.17

Driving Under the Influence of Alcohol (Fairfax GDC)

Result: Case Dismissed

Interesting Factors: Our client was seized and arrested at a sobriety checkpoint. We filed a Motion to Suppress on the basis that the checkpoint was being operated unconstitutionally by police. On the day of trial, the prosecutor was missing a witness she didn’t think she needed to prove the time of the seizure. (One of our arguments was that the checkpoint had been operated 15 minutes longer than the time set for the in the approved plan). She asked for a continuance, the court denied it, and she dismissed the case rather than go to trial.

2.9.17

Reckless Driving Fatality – Excessive Speed for Conditions (Loudoun GDC)

Result: Case Dismissed

Interesting Factors: In this tragic car accident, our client struck and killed bicyclist on his way to work. The bicyclist was in a marked cross-walk with flashing lights at both the intersection and at the approach to the intersection. Unfortunately, the morning sun blinded eastbound traffic. The prosecutor argued that our client had been going too fast into the sunshine. We called two witnesses who testified that the sun glare appeared suddenly and that they, too, didn’t see the bicyclists. After an all-day trial, the court found our client Not Guilty.

1.31.17

Domestic Assault & Battery (Fairfax JDR)

Result: Case Dismissed

Interesting Factors: There is a “first offender” program for these cases. However, cases dismissed by this program are not “expungable,” meaning that they can remain on one’s record forever. In this case, we were able to arrange with the prosecutor for a private deal. Our client agreed to complete a mental health evaluation and follow up treatment, and to enroll in an in-person anger management program, and the prosecutor will drop the case.

1.30.17

Domestic Assault & Battery (Prince William JDR)

Result: Case Dismissed

Interesting Factors: This case went to trial. Half way through the trial, seeing how the prosecutor’s evidence was developing, our client changed his mind and wanted to change his plea to guilty. We negotiated a plea agreement to the “first offender” program. This results in a dismissal after completing an anger management program, a probationary period, and a no-contact rule against the complaining witness.

1.30.17

Hit and Run (Fairfax)

Result: No criminal charges filed.

Interesting Factors: Police were investigating a possible Hit and Run. There was no witness identification. The two registered owners each hired lawyers who declined to let the police interview either one. Unable to determine if either owner, or a third party, was the person involved in an accident, police could not lawfully charge anyone.

1.26.17

Driving Under the Influence of Alcohol, Second Offense within Five Years (Prince William GDC)Driving Under the Influence of Alcohol, First Offense
Hit and Run
Hit and Run

Result: Driving Under the Influence of Alcohol, First Offense conviction

Interesting Factors: In this unusual case, our client was charged with a DUI, a Hit and Run, and a Refusal of Tests. A few weeks later she was charged with a second DUI and a second Hit and Run. She was facing a mandatory minimum jail sentence of 20 days on the second DUI, alone. The four crimes so close together (and the Refusal charge) didn’t make her seem that sympathetic to the prosecutor. In the first accident, the allegation was that she struck an attended car, clipping the side mirror. In the second accident, the allegation was that she struck two cars stopped at a stop light next to a police officer. We reached a global disposition in this case. In exchange for dismissing the two Hit and Runs and the Refusal charge, she agreed to plead guilty to a first offense DUI. Her punishment was a net 9 days in jail (including credit for time served the day of one of her arrests), a $250 fine, a requirement that she complete the VASAP alcohol program, and a 12-month suspension of her license. There were strong mitigating circumstances in this case that led to this result.

1.23.17

Domestic Assault & Battery (Fairfax JDR)

Result: Case dismissed

Interesting Factors: The complaining witness hired her own lawyer who asserted her right against self-incrimination. Without her testimony, and with evidence of mutual combat, the prosecutor agreed to dismiss the case without precondition.

1.19.17

Accident: Failure to Pay Full Time and Attention (Fairfax JDR)

Result: Case Dismissed

Interesting Factors: Our client was the rear driver in a rear-end collision. We did not dispute that she caused the collision, rather we argued at trial that there was no evidence that she was doing anything other than paying full time and attention to her driving. After a trial, the court found her Not Guilty.

12.14.17

Petit Larceny

Result: Case Dismissed

Interesting Factors: This case involved the use of self-checkout machines. It was objectively arguable that our client misused the machines, but the circumstances seemed suspicious. The retailer’s witness had tapes of prior instances where they thought our client had similarly misused (in their opinion) the machines. Rather than run the risk of loss at trial, and in exchange for the prosecutor agreeing not to bring larceny charges for all of the other incidents alleged, our client agreed to a “first offender” program dismissal. He paid restitution, agreed to perform 50 hours of community service, and was placed on unsupervised probation for a year.

1.12.17

Reckless Driving (94mph in a 70mph zone) (Fauquier GDC)

Result: Reckless Driving conviction, but no jail

Interesting Factors: In Virginia, those driving over 90 mph often get an active jail sentence and a license suspension. In this case, the prosecutor was demanding jail as part of any compromise. Our client decided to plead guilty and let us argue the sentence in the absence of any agreement. There were strong mitigating circumstances in the case. The judge ordered no active jail and a small fine. There was not even a license suspension. Our client was very relieved.

1.10.17

Driving Under the Influence of Alcohol (Stafford)

Result: Case Dismissed

Interesting Factors: Our client was arrested for DUI with a very low blood alcohol level test score – only 0.06. The “legal limit” is 0.08. We tried to get the prosecutor to drop the case or to, at least reduce it to a traffic offense of some kind. (Few prosecutors choose to prosecute such a case). However, he insisted on a DUI conviction and our client refused to plead guilty. We had a full trial. The prosecutor called to the stand a forensic toxicologist as an expert witness to try to testify that our client’s low test score did not reflect the higher alcohol content in her system at the time she was driving an hour earlier. We brought our own expert witness to rebut the government’s evidence, but didn’t even need to have him testify. We were able to get necessary concessions from the prosecutor’s own expert that it wasn’t necessary. The court found our client Not Guilty.

1.3.17

Driving Under the Influence of Alcohol (Fairfax)

Result: Improper Driving conviction

Interesting Factors: Our client was arrested for DUI with a very low blood alcohol level test score – only 0.06. The “legal limit” is 0.08. The prosecutor agreed to reduce the charge to Improper Driving, which is a mere traffic infraction. Our client chose not to take any risk of losing at trial and accepted this compromise. He paid a small fine and also pled guilty to Speeding in a School Zone.

12.20.16

Reckless Driving (101mph in a 65mph zone) (Prince William GDC)

Result: Reckless Driving conviction, but no jail

Interesting Factors: Virginia, those driving over 90 mph often get an active jail sentence and a license suspension. Those driving over 100 almost always get this punishment. Worse for our client, she had prior Reckless Driving convictions. Fortunately for our client, her punishment for this case featured no active incarceration. However, she did suffer a 6-month license suspension and a huge fine — $1,000 plus court costs. Strong mitigation factors led to this result.

12.20.16

Hit and Run (Fairfax)

Result: No criminal charges filed.

Interesting Factors: Police were investigating a possible Hit and Run. There was no witness identification. The owner of the vehicle hired us concerned that he might be a suspect due to his ownership. We spoke to police on his behalf. Unable to determine if he or a third party was the person involved in an accident, police could not lawfully charge anyone.