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Northern Virginia General Law Blog

Can you face criminal allegations for car racing in Virginia?

Drivers in Virginia will often make the mistake of thinking that street racing is not dangerous and law enforcement does not treat it as a serious violation. However, when there are allegations that a person was street racing, it can lead to penalties that can deprive them of their driving privileges. If another person is injured or killed during a race, there can be criminal charges that can result in fines and jail time, as well as a loss of driving privileges. When there are accusations and criminal allegations that street racing was taking place, it is important to understand these law.

When a driver takes part in a race and there are two or more vehicles involved, there could be a charge for reckless driving. If, however, the owner or an agent of the owner of the property upon which it occurred approves of the race, then it may not result in charges. If there is a conviction for reckless driving, the person will have his or her driver's license suspended for a minimum of six months and as much as two years.

What is forcible sodomy when charged with sex offenses?

Any Virginia resident who is confronted with rape, child molestation or any other allegation related to sex crimes should know that the legal penalties are harsh. These criminal allegations go beyond the possibility of jail time, fines and the need to register as a sex offender. It can impact a person's life forever and prevent them from getting certain types of employment, being admitted to a school and even living in a preferred location. These charges are serious and when there is an arrest it is important to know how to present a defense.

One sex-related offense that will lead to charges is forcible sodomy. When a person does any of the following - anal intercourse, cunnilingus, fellatio or anilingus - and it is against the other person's will, it can lead to charges. This is true whether it was the person's spouse or not. For charges, the previously listed acts must occur, along with the complainant either being younger than 13 or it being done without the other person's consent via intimidation, force, threat or because of the person's incapacity or due to physical helplessness.

Girl, 12, faces criminal allegations after fight at school

In Manassas, throughout Virginia and anywhere across the nation, children will get into disagreements with other children. This can happen at school, in the park or anywhere where they are together. Frequently, even a dispute that gets physical will not result in any injuries and there is no need to call law enforcement to investigate the incident and perhaps make an arrest. However, some incidents are serious enough that there will be an allegation of assault.

According to recent news reports, an altercation between two girls led to an arrest. The incident happened in the afternoon on the grounds of their middle school. It was around 2:30 p.m. when law enforcement investigated. The two girls were in an argument that grew worse until one struck the other and grabbed her neck. The other girl's ability to breathe was hindered. The fight was stopped and a resource officer at the school was contacted. The girl who allegedly assaulted the other was arrested and faces charges for strangulation. It is a juvenile offense.

Hit-and-run crash injures woman, leads to drunk driving charges

Drunk driving is taken seriously in Manassas and throughout the Commonwealth. Since there is such a risk of injury and death because of drunk driving, there are a variety of potential penalties if a person is convicted on drunk driving charges. These are compounded when there is an accident and people are injured. Although drunk driving is an irresponsible act, it does not mean that people who are accused of the violation are automatically guilty and will be convicted. This is true regardless of the situation and even if there is an auto accident with injuries. Having a legal defense is essential to any case.

According to a recent report, a woman was injured when she was hit by a car and the driver fled, later being arrested for drunk driving. Law enforcement was called about the incident in the late afternoon at around 5 p.m. The vehicle hit the woman and left her with injuries that were said to be life-threatening. The vehicle was seen by a law enforcement officer shortly after the crash. The driver was stopped at a gas station and placed under arrest. Inside the vehicle was an open container. The woman's condition is not known and the investigation is continuing.

What are criminal charges for conspiracy for larceny or trespass?

In Virginia, if there are charges for trespass or larceny, it is a natural assumption that those who are charged will be the individuals who are accused of committing the act. However, there are others who can be charged too. If there was a conspiracy to commit the crime, people who took part in the planning can be arrested and charged as well. Understanding the law for conspiracy in this context is imperative to the criminal defense.

For example, when there is a person who took part in a plan in the Commonwealth to enter another's property whether it is land, the premises, a building or any other area, knowing they are not legally allowed to do so in writing or orally, or knows because there is a posting sign saying so, it will be a Class 3 misdemeanor charge. When there is a conviction for a Class 3 misdemeanor, the person faces a fine of up to $500.

Woman who drank wine at store arrested for DUI offenses

When a person is subjected to a traffic stop and subsequently arrested for drunk driving charges in Virginia, the situation is rarely a simple one. In some cases, there were other incidents preceding and following the DUI incident. This can raise the level of charges the person faces and make the penalties - jail time, fines, a driver license suspension - far worse. With any criminal case, it is critical to formulate the strongest defense possible and to achieve as positive an outcome as can be reached.

According to reports, a 30-year-old woman was arrested for drunk driving and will face other charges as part of the series of incidents before and after the alleged DUI. According to the investigation, the woman drank wine at a local department store and then drove away. Officers stopped the vehicle when they witnessed her throw a lit cigarette from the window - an illegal act. The deputy stated he smelled a strong aroma of alcohol coming from the vehicle. The woman was allegedly slurring her words and her eyes were glassy and bloodshot. An empty box that had contained wine was in the vehicle. There was also a full box of wine that had not been opened. When she was brought to the hospital to be tested for blood alcohol content, she reportedly became belligerent and two deputies were kicked. She was arrested on multiple charges for DUI and assault on law enforcement, among other allegations.

Man arrested on drunk driving charges after chase

Law enforcement in Manassas and throughout Virginia is out in force seeking drivers who might be operating their vehicles under the influence. When an attempt is made to stop the vehicle, drivers are expected to stop and comply with officers. If they do not, there can be charges for drunk driving and more. This can lead to significant penalties including jail time, a driver license suspension and fines. While it is inadvisable to drive under the influence and flee from law enforcement, that does not mean every arrest is valid and the person should not lodge a strong defense. Legal assistance is essential toward that end.

A 25-year-old man was arrested for DUI, felony eluding, driving after his license has been forfeited, possessing marijuana, and reckless and aggressive driving. The incident began at approximately 4 p.m. when an officer was enforcing speed limits and stopping drivers who violated the law. The vehicle driven by the man who was eventually arrested was said to be speeding. The officer turned on his emergency lights and pursued the vehicle. The driver fled and hit another vehicle before crashing into a pole. After the officer investigated, the man was arrested.

What are the penalties for reckless gun crimes in Virginia?

Most Virginians are responsible gun owners. Many have firearms for protection or hunting. However, while gun crimes are frequently categorized as being committed by people who are involved in robberies and other illegal activities, even those who have firearms legally can face allegations of wrongdoing. The statement "protect your rights" has never been truer than it is for those who are not taking part in criminal acts but find themselves confronted by allegations of illegal behavior with firearms. In these cases, having legal assistance is key.

Reckless handling of firearms and reckless handling while hunting are charges that gun owners can face. Understanding the law for these crimes is important. If a firearm is handled recklessly and the lives, limb or property of others is put in danger, the person will be charged with a Class 1 misdemeanor. If the weapon is handled wantonly, grossly and culpably showing reckless disregard for another's life and there is a serious bodily injury with permanent physical impairment, it will be a Class 6 felony. For people who are hunting and violate these laws, the judge can penalize the person not just with the punishment decided upon by a jury, but by revoking the individual's license to hunt or trap with a firearm for a period between one and five years.

Are you hoping your record can be expunged?

Before your arrest, you probably had many plans for your future. You may look forward to attending graduate school or interviewing for a new job, but your brush with the law put all your plans on hold.

Now you have a criminal blot on your record. Can you have this kind of mark removed? Are you eligible for expungement?

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