One of the most common misunderstandings in criminal and traffic law is that mistakes on the warrant or summons automatically results in a dismissal of the case. Most of the time, such mistakes have no effect. In a recent…
Often, words used in Virginia criminal statutes are not colloquial. In a recent case, an allegation of Violation of a Protective Order was elevated from a misdemeanor to a felony based on whether the defendant entered a home “furtively.”…
The federal National Transportation Safety Board (“NTSB”) today voted unanimously to recommend a nationwide reduction of the “legal limit” in DUI cases from 0.08 to 0.05. To illustrate what an extreme drop this would be, one is presumed sober…
QUESTION: I am charged with the felony “Hit and Run.” The victim went to the hospital, but was told that her temporary back pain was the muscle – no broken bones. Does this count as an “injury” to support…
Question: I was charged with DUI and Refusal. Is Virginia’s Refusal law constitutional? I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually…
Miles Construction is a service-disabled veteran-owned small business (“SDVOSB”). As such, it enjoys priority when bidding on some federal government contracts. It bid on a contract for the repair of a storm sewer at the Coatesville, Pennsylvania VA Medical Center that…
Any time before a judge accepts a guilty plea and finds a defendant guilty, the judge may amend the charge to a different, lower crime and find the defendant guilty of the lower crime, according to an important recent…