Virginia Criminal Lawyer

Thomas Soldan on Reckless Driving

Thu, 16 May 2013 16:33:50 -0500

Attorney Thomas Soldan details the violations that constitute reckless driving in Virginia. He explains that Virginia has some of the most stringent reckless driving laws in the Nation. If a reckless driving charge is issued in the commonwealth it can have great impact and can lead to jail time. Mr. Soldan discusses the steps to take if you are issued a reckless driving ticket.

Mortgage Foreclosure Crisis Continues

Mon, 06 May 2013 13:50:53 -0500

The following blog post was written by qui tam attorney Tony Munter

Bank of America apparently lost his 27 thousand dollar cashier's check and as a result Joji Thomas lost his house. That is just the beginning of what appears to be a really well researched story on the disastrous state of Mortgage banking and foreclosures by the Center for Investigative Reporting and NBC.

A Little Less Freedom of Information.

Tue, 30 Apr 2013 16:01:03 -0500

This Blog was written by whistleblower Attorney Tony Munter

At the risk of making your head hurt today we direct your attention to scotus blog for a little constitutional law discussion.

In McBurney v. Young, a unanimous Court (in an opinion by Justice Alito) held that Virginia's Freedom of Information Act, which grants Virginia citizens access to all public records, but grants no such right to non-Virginians, does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are "fundamental." Nor, the Court held, does the Act violate the dormant Commerce Clause.

New Details Emerge on Virginia Mall Shooter

Fri, 19 Apr 2013 16:38:19 -0500

Shooting suspect Neil Allan MacInnis was taken into custody within minutes of opening fire at New River Valley Mall in Christiansburg, Virginia. Christiansburg is a small, roughly 21,000 people, in Southwest Virginia. Virgina Tech Police, Blacksburg Police, Christiansburg Police responded to reports of a shooting on April 12, around 2 p.m. The mall houses New River Community College satellite campus, MacInnis was a student at. The suspect wounded two women, a fellow student and a part-time employee of the mall, before he was apprehended. One woman was treated in the mall, while the other was flown to Carilion Roanoke Memorial Hospital. The first victim was eventually transferred to the same hospital. Both women are currently in stable condition. Authorities have not released the names of the injured women.

Newborn Baby Found Dead in Loudon County Pond

Thu, 11 Apr 2013 12:25:46 -0500

A passerby walking along a path near Awsley Court alerted authorities after observing the body of a dead newborn in Sterling, Virginia, Sunday evening. Authorities say that the body of a baby girl was found on the shoreline of an artificial pond. The body was discovered around 11:42 a.m. The baby girl was pronounced dead at the scene by responding police officers. The man-made pond lies in a residential neighborhood comprised of single-family homes and wooded areas. Investigators don't know if the baby was stillborn or alive at birth.

Serial Groper Terrorizes Fairfax County

Wed, 03 Apr 2013 16:10:00 -0500

A serial groper may have assaulted his twenty-forth victim at a HomeGoods store I Fairfax County. Authorities say that the suspect accosted a 31-year-old woman from behind, inside the store on Thursday. The man immediately fled the scene, despite attempts by good Samaritans to chase him down. The suspect has been described as a 30-year-old Hispanic male, 5-foot-6-inches in height. He typically attacks his victims outdoors, while they are jogging, waiting for a bus, or just walking around. This is the first indoor attack committed by the serial groper. Police have distributed flyers containing a sketch of the suspect, but have yet to make an arrest.

Why I Became a Virginia Criminal Defense Attorney: Good Ideas Do Come From Hollywood

Wed, 20 Mar 2013 15:46:33 -0500

How many people would actually admit that television and film affected their career choice? I would. In fact, I could congratulate, or blame, the writers, producers, directors, and actors in A Few Good Men for where I am today. A Few Good Men might not be the reason I became a criminal defense attorney, but it played a role in my decision to apply to law school.

If you have never watched A Few Good Men, I recommend it. There was something magical about Lieutenant J.G. Daniel (Tom Cruise) going after Col. Nathan R. Jessep (Jack Nicholson) on the witness stand. But my favorite scenes were the parts leading up to it: the interviewing, the research, the evidence, and of course, the epiphany. And that was all BEFORE Col. Jessep even made it to the stand. As one of my law professors put it, this is a movie on what not to do in court, but they made it look exciting.

During law school, I didn't know I wanted to be a Virginia criminal defense attorney. In fact, I was far from it. The thought of speaking up in class, much less a courtroom, was intimidating. But someone once told me to take chances and I signed up for Trial Advocacy. Initially, it wasn't easy - the first "practice" trial we had, I was so nervous, I read the Opening Statement. But slowly, it got better. By the end of the semester, I really liked Trial Advocacy and knew I needed more practice, so I signed up for Trial Advocacy II. Unlike the first Trial Ad class, Trial Ad II was more... of everything: more focused, more mock trials, and more on-the-spot thinking. The Professor, a practicing attorney, would have us practice a specific topic, such as cross-examination, and then he would show us how he would have done it. It was training at its best. As the semester progressed, the mock trials became more complex, and the students, including myself, more enthusiastic. By the end of the semester, I knew I wanted to be in the courtroom.

At the same time as my Trial Ad II class, I was interning at the Arlington Public Defender's Office. It was hectic and a bit overwhelming, but it was exciting. I had the opportunity to research case law, prepare cases with Assistant Public Defenders, and meet with clients. In addition, I observed, and sometimes participated in misdemeanor trials. Some of the cases were very exciting to watch. There were Motions to Suppress, improper search and seizure questions, even the issue of whether or not an officer had the authority to arrest. But then there were cases where there were no issues - a prosecutor's dream come true. But it was at that moment, that I understood the importance of having a person there, standing between the defendant and the prosecutor. My interest in criminal law was awakened.

After graduation, I started looking for jobs and specifically positions involving criminal law. There was an opening in Danville, Virginia for an Assistant Public Defender, and I applied. I didn't even check the map to see where Danville was located until I got the interview...

Thanks to the DUI lawyers at Finebloom & Haenel P.A. for their help with this post.

New York State DWI Statistics

Thu, 28 Feb 2013 15:52:33 -0500

Statistics are utilized for many purposes, among them being the collection of statewide crime and injury data. This data is a useful tool that acts as a guideline, helping researchers, law enforcement, and others to determine a problem, and the extent of that problem. These statistics further assist in developing solutions for those problems. Unfortunately, our Syracuse DWI attorneys know that those solutions are not always foolproof, nor are they always fair. However, we also know that reading through New York State DWI data is an eye-opening experience, if not a sobering one; this data helps to shed light on why it is that New York lawmakers have substantially cracked down on already strict DWI laws.

CA Man Won't Face Charges after Posting Alleged Threats Related to Newtown Shooting on Facebook

Tue, 05 Feb 2013 17:55:12 -0500

In the aftermath of the shootings at the Sandy Hook Elementary School in Newtown, Connecticut, school districts and law enforcement throughout the country have been on high alert. So, it's not surprising when the Los Angeles Police Department swooped down on Kyle Bangayan and arrested him when he posted messages on Facebook stating that he would inflict the same kind of violence in Los Angeles. The Los Angeles District Attorney's Office ultimately decided to drop the charges against the 24-year-old man after deciding that his behavior on the social media website did not constitute a crime according to the state's threat statute.

According to the Los Angeles Police Department, Bangayan posted three messages on Facebook regarding the Newtown shootings. Bangayan wrote that thousands of children die in third world countries every day, so Americans need to get over what happened at the Sandy Hook Elementary School. Apparently, Bangayan has grown tired of hearing about the Newtown shootings and the extensive media coverage of the incident. He also wrote that if people didn't stop posting about Sandy Hook, he would do the same thing in Los Angeles.

Washington Prosecutors Dismiss More Than 200 Marijuana Cases After Drug Use Becomes Legal

Fri, 04 Jan 2013 14:13:06 -0500

On November 6, 2012, the state of Washington made it legal for adults to possess and use marijuana for recreational use. Currently, marijuana use for medicinal purposes is legal in 17 states, but Washington along with Colorado became the first states to legalize recreational use of the drug. Now that marijuana use is legal, Washington prosecutors in King County and Pierce County have decided to dismiss more than 200 marijuana possession cases.

Death Row Inmate Sues Department of Justice to Access Records that Could Exonerate Him

Thu, 29 Nov 2012 13:57:52 -0500

The merits of having the death penalty are definitely arguable considering how flawed the criminal justice system is in this country. Withholding information that is crucial to a case or falsifying DNA results are just some of the issues that have been raised in criminal cases. Louisiana death row inmate Rogers Lacaze recently sued the United States Department of Justice because the agency refuses to grant him access to records that potentially could exonerate him in his capital murder case.

On March 4, 1995, one New Orleans police officer and two other individuals were killed with a 9mm gun at a restaurant. Rogers Lacaze and New Orleans police officer Antoinette Frank were arrested and charged with committing the murders. Antoinette Frank and the New Orleans police officer who was killed at the restaurant worked as security guards at that location.

The prosecutors claimed that Lacaze and Frank hatched a plan to rob the restaurant and they were responsible for killing the three people. The police was never able to recover the weapons used to commit the murders and the money that was allegedly stolen from the restaurant.

According to Lacaze's lawyer, the prosecutor did not present any physical evidence that linked Lacaze to the crime scene during the trial. Lacaze's lawyer also accused law enforcement of coercing Lacaze to confess to the crimes. Lacaze stated that he was innocent throughout the trial. Lacaze claimed that Adam Frank, Antoinette Frank's brother, was the accomplice in committing the murders and robbery.

On July of 1995, Lacaze was convicted of three counts of first degree murder and sentenced to the death penalty. Lacaze was 18-years-old at the time and did not have any prior convictions.

Information pertinent to Lacaze's case was not disclosed until after he was convicted. Adam Frank was previously ejected from the restaurant by police officers working security there on another occasion. Adam Frank was wanted on charges of manslaughter two months before the restaurant crime was committed. It was also disclosed that the gun used in the restaurant was the same type of gun that Antoinette Frank obtained through the New Orleans Police Department evidence and property room.

Since the prosecutor didn't release any of this information until after Lacaze's trial, Lacaze's lawyer did not have an opportunity to question police officers about Adam Frank's connection to the restaurant. Lacaze's lawyer also did not know about Antoinette Frank's access to the 9mm gun or the likelihood that Antoinette gave the gun to Adam.

Three years after Lacaze's conviction, Adam was arrested and convicted on an unrelated criminal charge. Individuals informed the police that they heard Adam brag about killing a New Orleans police officer. The police officers also recovered a gun from Adam that matched the gun used in the restaurant murders. Having the ability to review the police documents and confront the witnesses about these issues could affect whether Lacaze's conviction will be overturned on appeal.

On November 8, 2012, Lacaze filed a complaint against the Department of Justice. Lacaze requested access to documents that retain information relevant to his criminal case under the Freedom of Information Act. Lacaze alleges that the Department of Justice is improperly withholding documents regarding criminal investigations into Adam Frank. Lacaze believes that he has a right to access those records because they are pertinent to his own criminal case and could prove his innocence. Lacaze argued that the public interest in that information outweighs the interests in keeping the records private.

Virginia Minister Involved In Bizarre International Kidnapping Case

Wed, 15 Aug 2012 09:45:20 -0500

A bizarre case involving child-custody, same sex marriage, extradition, ministers and potential kidnapping has found its way into the Commonwealth of Virginia courts. Kenneth Miller, a Mennonite minister from Stuarts Draft, Virginia, will go on trial this week for his alleged involvement in the "kidnapping" and relocation of a child to Nicaragua in order for her mother to avoid sharing custody with her former partner. To truly understand all the machinations and twists in this case, you have to all the way back to Vermont about ten years ago

Jason Kidd Arrested for Alleged DWI After Crashing Into Telephone Pole

Mon, 16 Jul 2012 15:17:06 -0500

Jason Kidd is one of the elder statesmen of the NBA. He is 39 years old, a ten-time NBA all-star, and just agreed to a new contract with what will be his fifth NBA team, the New York Knicks. He has been around long enough, and is certainly old enough, to understand how to handle one's self as a professional athlete and role model; to both the general public and the younger members of his team. Basically, what I'm getting at, is that Jason Kidd is too old to be making the kind of mistake he made on Saturday evening when he was charged for a DWI after he crashed his car into a telephone pole.

Virginia Post-Conviction DNA Project Reveals 33 Potentially Wrongful Convictions

Thu, 21 Jun 2012 09:13:43 -0500

Like other disciplines that are dependent on the emergence of new technology to support them, the effectiveness of forensic science has grown exponentially in the past few years. Groundbreaking developments in genetic testing have enabled prosecutors to ensure they are getting their guy with a greater sense of confidence and a much better chance at accuracy. And while these new developments will likely help those who are wrongfully accused of criminal acts (particularly sexual offenses) in the future, one can't help but think how many people were unjustly sentenced to very significant jail time because their defense lacked the tools to prove their innocence. While some states are slow to review old genetic evidence, Virginia is somewhat ahead of the curve, and their findings have produced some surprising numbers.

Megaupload Trial: US Government Could Have Trouble Trying Case In Virginia Courts

Fri, 08 Jun 2012 11:40:52 -0500

It seems like every day we find a new use for the Internet that makes us question how we could have ever lived without it. While many of the Internet's new developments turn out to be essential parts of our lives moving forward (as sad as that may be) there are also things that add to the continued erosion of our society's moral fiber; like Pinterest, Instagram and anytime someone spells more, "moar." While those are just superficial threats to our communal sense of decency, there are some actual, criminal threats that the Internet houses, and few get as much recognition as the illegal download of music and other media files.