Posted on June 26, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the defendant unsuccessfully appealed his convictions of drug possession and driving while under the influence of drugs or alcohol. One of the defendant’s main arguments on appeal was that the evidence failed to support a showing that he was guilty of driving while under the influence; given this lack of evidence, said the defendant, the conviction should be overturned. The court examined the evidence and ultimately disagreed with the defendant, affirming his convictions.

Facts of the Case

According to the opinion, a patrolling officer was dispatched to a service road one evening to check on a man who was reported to be asleep in his car in the middle of the road. When the officer arrived, he found the defendant sleeping in the driver’s seat. The officer approached the defendant, at which point the defendant took his foot off the brake pedal and unintentionally shifted the car forward.

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 Posted on June 20, 2022 in Criminal Defense

In a recent case coming out of a court that oversees the Commonwealth of Virginia, the defendant appealed his 219-month sentence based on drug convictions. On appeal, the defendant argued that a law passed in 2010 reduced the maximum sentence he could face for a conviction related to cocaine possession. The court looked at the law in question and ultimately disagreed with the defendant, denying his appeal.

Facts of the Case

According to the opinion, the defendant was convicted approximately ten years ago of participating in a 2009 drug conspiracy. In 2012, a trial court concluded that the defendant had dealt with powder and crack cocaine in the conspiracy, and he was sentenced to 219 months in prison as a result.

Two years prior to the conviction, in 2010, Congress passed the Fair Sentencing Act, which reduced the statutory penalties for crack cocaine offenses nationwide. After its enactment, the government had to decide whether or not the Act applied to defendants who had been convicted before 2010 – that is, did defendants convicted of crack cocaine offenses qualify for lower sentences even if those convictions occurred prior to Congress’s passing of the Act? Congress decided in 2018 that yes, the Act would apply to pre-Act offenders who had not yet been sentenced when the Act became effective.

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 Posted on June 15, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the Commonwealth appealed a lower court’s decision to grant the defendant’s motion to suppress. In its argument, the Commonwealth emphasized that the court should not have suppressed incriminating evidence found on the defendant’s person because the defendant consented to the officer’s search, thus making it a reasonable circumstance under which the officers found illegal drugs. The higher court denied the Commonwealth’s appeal and affirmed that the drugs were properly suppressed.

Facts of the Case

According to the opinion, the defendant was riding in an Uber one afternoon when the Uber driver called 911 to report that the defendant was passed out in the back of the car. Officers arrived at the scene and approached the vehicle to speak with the defendant. At that point, the defendant was alert and able to communicate. The defendant got out of the car and moved to the sidewalk so that he could speak with the officers; at that point, one of the officers asked the defendant for his identification, and the defendant handed over a Colorado driver’s license as well as a Virginia driver’s license.

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 Posted on June 10, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the defendant’s appeal of his unlawful wounding conviction was denied. On appeal, the defendant argued that the court left too much time between the date he was arrested and the date of his trial. Because defendants in the United States and in Virginia have the constitutional right to a speedy trial, the defendant argued that his rights were violated and his conviction should be overturned. After examining the facts, the court disagreed with the defendant and denied the appeal.

Facts of the Case

According to the opinion, the defendant was criminally charged after he wounded an acquaintance in July 2019. He was arrested a couple of months later, and he was subsequently denied bail. His jury trial was scheduled for March 16, 2020, but the court’s emergency orders resulting from COVID-19 delayed any court proceedings that were supposed to take place starting mid-March. The defendant’s trial was pushed back, and he remained in custody while he awaited a new date.

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 Posted on May 26, 2022 in Criminal Defense

In a recent case coming out of a southeastern federal court, the defendant’s appeal of his 100-month prison sentence was denied. According to the defendant, the lower court had imposed a sentence that was too harsh, and it was only fair for the higher court to reevaluate the sentence to more accurately reflect the crime that the defendant committed. Ultimately, the court disagreed, and the defendant’s original sentence was affirmed.

Facts of the Case

According to the opinion, in 2016, the defendant in this case somehow acquired counterfeit twenty-dollar bills. He used these bills to purchase a weapon – specifically, a Ruger 9mm pistol along with ammunition. He was later indicted on two counts: (1) possession of a firearm and ammunition and (2) passing counterfeit money. Of note, the defendant in this case had been convicted of felonies in the past, meaning he could potentially face harsher consequences for the 2016 crime given his criminal history.

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 Posted on May 26, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the defendant appealed her conviction based on a violation of her suspended sentence. The defendant was under a suspended sentence for several years and had been reporting to drug court throughout the years to prove that she was not using any narcotics or alcohol. After several violations, the defendant argued that at least two of her positive drug tests were the result of a single incident of drug usage, thus that it was unfair for the court to use both tests against her when finding her guilty of the violation. The court considered the defendant’s argument but ultimately affirmed her original guilty conviction.

Facts of the Case

According to the opinion, the defendant in this case was originally convicted of distribution of cocaine in 2009 and sentenced to three years in prison with an additional three years of suspension, conditioned upon good behavior and completion of probation. Several years later, the court determined that the defendant had violated the terms of her suspension, and she was again convicted, this time of forging a public record. The defendant was sentenced to additional time in prison (one year) as well as additional suspension, conditioned upon the completion of probation (ten years).

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 Posted on May 15, 2022 in Criminal Defense

In a recent case involving grand larceny in the Commonwealth of Virginia, the defendant successfully appealed his guilty conviction by arguing that the Commonwealth lacked sufficient evidence to prove him guilty. After agreeing with the defendant’s main argument, the court of appeals vacated his conviction and dismissed his indictment.

Facts of the Case

According to the opinion, the defendant was working as a general contractor for a school in Norfolk when he was criminally charged. As part of his work, the defendant was installing a fire suppression system and was going to the construction site regularly to perform his duties. Around that time, an individual stole tools from a large brown box, and the police later named the defendant as a suspect in this theft. He was charged and, eventually, his case went to trial.

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 Posted on May 10, 2022 in Criminal Defense

In a recent case coming out of a Virginia court, the defendant appealed his convictions for driving under the influence and refusing to submit to a field sobriety test. On appeal, the defendant argued that the police officer he spoke with did not have reason to suspect that he was intoxicated, thus making it illegal for the officer to force him to submit to a breath test. The court disagreed with the defendant, citing several indictors that the officer used to suspect that the defendant had been consuming alcohol.

Facts of the Case

According to the opinion, an officer in Virginia was on patrol one evening when he came across a single-vehicle accident on the side of the road. The officer saw that a car had struck a tree, but also that the car was unoccupied with a cold hood and warm engine. The officer also noticed several beer cans outside of the car’s door.

While investigating the scene, the officer saw the defendant emerging from behind some bushes. The defendant acknowledged that the car next to the road belonged to him and explained that the crash had happened a few minutes prior because he had turned off for the exit too soon. The officer asked the defendant for his driver’s license, and the defendant could not find it, even though it was later found in one of his pockets.

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 Posted on May 10, 2022 in Criminal Defense

In a recent case coming out of a Virginia circuit court, the defendant unsuccessfully appealed a lower court’s denial of her motion to suppress. The defendant was originally charged and convicted of drug possession when officers conducted a search of her home; in her motion to suppress, the defendant argued that the officers’ search was unwarranted and that thus the incriminating evidence should have been inadmissible at trial. The court agreed with the defendant that the search was unwarranted, but affirmed her original conviction based on the fact that the officers and judge involved in the search of the property were acting in good faith.

Facts of the Case

According to the opinion, a detective in Virginia received a tip that a wanted person, one who was known for using methamphetamine, was located at a house nearby. The detective drove to the house along with four other officers, knocking on the door and asking anyone inside to immediately exit the premises. Two men came into the yard, and the officers noticed that one of them smelled strongly of marijuana.

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 Posted on May 01, 2022 in Criminal Defense

At Robinson Law, PLLC, we too often hear that our clients don’t know their rights when they are pulled over by law enforcement on the road. As we have articulated in previous blog posts, a person is legally considered to be operating under the influence of alcohol if that person’s blood alcohol content (BAC) is .08 or higher. What are a driver’s rights, though, between the initiation of the traffic stop and the BAC test? If you are a driver in Virginia, you should be well versed in your rights on the road.

When Can An Officer Ask You to Perform a BAC Test?

If a police officer ever stops you on the road and tells you they need a reading of your BAC, that officer must have what is called “probable cause” to suspect that you are under the influence of alcohol or drugs. If, for example, the officer has seen your car swerving or has noticed that your words are not making sense, that officer might have probable cause to conduct a breathalyzer test. Without any probable cause, the officer cannot legally conduct this kind of test.

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