Posts Tagged ‘Lynchburg’
Virginia Underage Drinking & DUI Defense
The Commonwealth of Virginia has made some new changes to the underage drinking laws in Virginia. As of July 1, 2010, the change in the laws regarding alcohol and minors have significantly increased the restrictions and penalties associated with underage drinking of alcohol by minors. Both the drinking of alcohol of minors and the driving under the influence by minors laws have become more harsher and they both affect the minors’ drivers license.
Regarding minors being caught in possession of alcohol (Minor in Possession), a second offense of Minor in Possession will result in the possible loss of the minor’s license for up to a year in Virginia. The previous law only allowed the State to take the license for up to 6 months. Keep in mind, the loss of license will be imposed regardless of if you had been driving at the time of the offense.
Another significant change was the change in the law as to penalties for minors convicted of Driving Under the Influence (DUI). Virginia Courts used to have the authority to grant a restricted license to drive to school for minors convicted of DUI in Virginia. The new law makes it mandatory for the Judge to revoke the driver’s license of a minor convicted of a DUI in Virginia.
If you have been charged with underage drinking (Minor in Possession of alcohol) or Underage DUI in Virginia, contact the SRIS Law Group Virginia DUI lawyers for help.
The SRIS Law Group has offices in Fairfax County, Prince William County, Richmond, Virginia Beach, Loudoun County, Fredericksburg & Lynchburg.
A Spotsylvania man was arrested July 7 for destruction of property after police found several people loitering near the proposed Slavery Museum site in Fredericksburg.
Going through a divorce is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.
If you are in the unfortunate position of having to file for a divorce in Virginia or you have been served with a divorce complaint in Virginia, you need the help of an experienced divorce lawyer in Virginia.
The SRIS Law Group Virginia divorce lawyers have a thorough understanding of the divorce laws in Virginia and how the Virginia divorce laws may apply to your case.
Our Virginia divorce attorneys have helped many clients who are going through a divorce in Virginia.
If you need help with a Virginia divorce, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Jorge Torrez, 21, is in custody in Virginia for an unrelated crime, according to the family. Torrez was reportedly living one block away from where the bodies were found. Torrez was arrested in February for attempting to abduct a woman in Arlington, Va.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Virginia or you have been served with a child custody complaint in Virginia, you need the help of an experienced child custody lawyer in Virginia.
The SRIS Law Group Virginia child custody lawyers have a thorough understanding of the child custody laws in Virginia and how the Virginia child custody laws may apply to your case.
Our Virginia child custody attorneys have helped many clients who are going through a child custody case in Virginia.
If you need help with a Virginia child custody case, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg
DEFENSE OF DRIVING ON SUSPENDED DRIVER’S LICENSE IN VIRGINIA
Are you driving on a suspended driver’s license in Virginia?
Do you know the penalty for driving on a suspended driver’s license in Virginia?
If you have been charged with driving on a suspended driver’s license in Virginia, you are facing a criminal offense that can result in actual jail time.
Driving on a suspended driver’s license in Virginia is a Class 1 misdemeanor.
If you have been charged with driving on a suspended driver’s license in Virginia, contact the SRIS Law Group traffic lawyers for help.
Our Virginia traffic attorneys have defended numerous clients charged with driving on suspended license.
Virginia Law § 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked.
A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266 or § 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.
B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.
C. A violation of subsection B is a Class 1 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.
D. Upon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.
E. Any person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license shall be issued unless each court that issued a suspension of the person’s license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person’s license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.
F. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.
Virginia Possession of Child Pornography Defense
The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia, receipt of child pornography or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.
Contact us at 888-437-7747.
Virginia Law Possession of child pornography; penalty. § 18.2-374.1:1.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Trial court in divorce case had the power to retain jurisdiction for equitable property distribution despite noncompliance with statutory requirements, and husband’s objection was untimely and not properly preserved for review on appeal.
Going through a divorce is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.
If you are in the unfortunate position of having to file for a divorce in Virginia or you have been served with a divorce complaint in Virginia, you need the help of an experienced divorce lawyer in Virginia.
The SRIS Law Group Virginia divorce lawyers have a thorough understanding of the divorce laws in Virginia and how the Virginia divorce laws may apply to your case.
Our Virginia divorce attorneys have helped many clients who are going through a divorce in Virginia.
If you need help with a Virginia divorce, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
K.A., 42 of Opelousas, was charged with parking violation.
One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.
First, you sit by the side of the road, waiting to get your traffic ticket in Virginia while you are rushing to get to work or get to school to drop off your kids, etc.
Then, you get the Virginia traffic ticket and possibly get yelled at by the Virginia police officer.
Once you do get the Virginia traffic ticket, you realize how many points you’re going to get on your Virginia driving record and the fact that your insurance premium is possibly going to skyrocket.
If you have been one of the unfortunate people to get traffic ticket in Virginia, don’t panic.
You have some options. You can consider going to traffic court in Virginia by yourself or you can retain an experienced Virginia traffic ticket lawyer to defend you.
Why should you consider hiring an experienced traffic ticket lawyer in Virginia?
Because an experienced Virginia traffic ticket attorney will know how the different judges in that courthouse deal with certain types of traffic ticket and what are different options you have if you decide it is best to plea bargain.
The SRIS Law Group Virginia traffic lawyers have defended many clients charged with a traffic ticket in Virginia.
Our Virginia traffic ticket attorneys regularly appear before the courts of a particular jurisdiction have a thorough understanding of how the different local courts operate.
We have offices in Fairfax, Manassas, Richmond, Virginia Beach, Lynchburg & Fredericksburg.
Virginia Reckless Driving Defense
Former Prosecutors & Police Officers
The state of Virginia has some of the harshest reckless driving laws.
The state of Virginia has 14 laws specifically addressing reckless driving.
The Virginia courts are extremely strict on drivers charged with reckless driving. Out of state drivers are shocked to find that reckless driving is a criminal offense in the state of Virginia.
If you have received a reckless driving ticket from a Virginia state trooper or local officer in Virginia, seriously consider at least talking to a Virginia reckless driving lawyer.
The SRIS Law Group Virginia reckless driving lawyers have defended many clients who have been charged with driving recklessly in the state of Virginia.
Call today to speak with a SRIS Law Group Virginia reckless driving lawyer.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas to better to serve you.
FORMER PROSECUTORS & POLICE OFFICERS
DEFENDING SEXUAL BATTERY CRIMES IN VIRGINIA
Just because a person is accused of a sex crime does not mean that they are guilty of the charge nor does it mean they are going to jail.
However, a sex crime conviction in Virginia can result in severe penalties if the client is not defended properly. Some of the most commonly charged sex crimes in Virginia are object sexual penetration, aggravated sexual battery & sexual battery.
If you are charged with a sex crime violation in Virginia, you need experienced sex crimes defense attorneys to defend you.
The SRIS Law Group has a history of defending clients charged with sex crimes in Virginia. Our former prosecutors & police officers have successfully defended clients charged with sex crimes in Virginia.
No honest lawyer can give you a guarantee as to the outcome of your case. However, experience counts when defending sex crimes.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg to better serve you.
Two guarantee a SRIS Law Group Virginia criminal defense lawyer will give you:
- We guarantee we will do our best to defend you
- We will do our best to keep you updated as to the status of your case. We will do our best to return all phone calls within 8 hours.
You cannot take a chance when your future is on the line.
The following are some of the different sex crimes we defend in Virginia:
- 18.2-67.2. Object sexual penetration; penalty.
- 18.2-67.3. Aggravated sexual battery; penalty.
- 18.2-67.4. Sexual battery.
- 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
- 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
- 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
18.2-67.2. Object sexual penetration; penalty.
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years. The penalty for a violation of subdivision A 1 where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90 or 18.2-91, or (iii) 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
18.2-67.4. Sexual battery.
A. An accused is guilty of sexual battery if he sexually abuses, as defined in 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or (iii) a probationer, parolee, or a pretrial or post trial offender under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.
18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is convicted of sexual battery in violation of 18.2-67.4, attempted sexual battery in violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of 18.2-387, or a violation of 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.
18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of 18.2-64.1;
3. Aggravated sexual battery in violation of 18.2-67.3;
4. Crimes against nature in violation of subsection B of 18.2-361;
5. Adultery or fornication with one’s own child or grandchild in violation of 18.2-366;
6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to convictions for:
1. Rape in violation of 18.2-61;
2. Forcible sodomy in violation of 18.2-67.1;
3. Object sexual penetration in violation of 18.2-67.2;
4. Abduction with intent to defile in violation of 18.2-48; or
5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
Trial court properly suspended visitation rights of a father where the father had sexually abused the child and she experienced severe trauma every time she had contact with the father, or even when the trial court scheduled such visitation.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Virginia or you have been served with a child custody complaint in Virginia, you need the help of an experienced child custody lawyer in Virginia.
The SRIS Law Group Virginia child custody lawyers have a thorough understanding of the child custody laws in Virginia and how the Virginia child custody laws may apply to your case.
Our Virginia child custody attorneys have helped many clients who are going through a child custody case in Virginia.
If you need help with a Virginia child custody case, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg
