Recent Blog Posts
Virginia Court Partially Affirms and Partially Reverses Defendant’s Convictions for Neglecting Her Adult Mother | Robinson Law, PLLC
In a recent opinion coming out of a Virginia court, the defendant’s arguments were partially successful in appealing her guilty convictions. Originally, the defendant was convicted of financially exploiting an incapacitated adult and of abusing or neglecting an incapacitated adult. As a result of the defendant’s arguments on appeal, the court reversed the financial exploitation conviction and affirmed the abuse or neglect conviction.
Facts of the Case
According to the opinion, the defendant, a woman in her fifties, lived with her mother, who was in her eighties at the time of this case. In the years prior to this conviction, a social worker had visited the defendant and her mother several times, since it seemed the defendant was not adequately caring for her mother in the apartment. The mother relied on her daughter for financial support, sponge baths, and other personal hygiene matters. The social worker had reported on various occasions that the defendant’s mother often smelled of urine, that neither the defendant nor her mother had a bed to sleep on but instead slept on a couch and a chair, and that both parties had refused many of the social worker’s services when she had come to visit.
Virginia Court Denies Appeal in Drug Case, Despite Defendant’s Argument Over Prolonged Traffic Stop | Robinson Law, PLLC
In a recent drug-related case coming out of a federal court, the defendant unsuccessfully appealed his guilty convictions. The defendant originally pled guilty to possession with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime, but he argued that the evidence of drugs should have been suppressed by the lower court. According to the defendant, the officers that pulled him over conducted an unreasonably long traffic stop, thus infringing upon the defendant’s constitutional rights. The court disagreed with this argument and affirmed the original convictions.
Facts of the Case
According to the opinion, two police officers in Virginia pulled the defendant over while he was driving one evening after learning that the defendant’s vehicle had an expired registration tag. One officer approached the defendant while his partner looked into the vehicle’s license plate, discovering that it was fictitious.
Defendant in Firearm Case Unsuccessfully Appeals Convictions | Robinson Law, PLLC
In a recent case coming out of a Virginia court, the defendant’s appeal of his convictions was denied. The defendant had been found guilty of using a firearm after an altercation involving members of his family and another family with which they were feuding. On appeal, the defendant argued that there was insufficient evidence to support his guilty conviction. The court looked at the evidence in the record and ultimately disagreed with the defendant, sustaining his guilty convictions.
Facts of the Case
According to the opinion, members of the defendant’s family were shopping at a local market one afternoon. While shopping, they saw members of another family with whom they had been experiencing a custody battle. Tensions rose at the market and members of both families began fighting.
Later that day, the same members of the defendant’s family appeared at one of the second family member’s homes uninvited. A fistfight quickly ensued. The families parted ways, but after a few minutes, the defendant himself returned to the house. The fight picked back up, and the defendant retrieved a shotgun from his car.
Virginia Court Reverses Motion to Suppress in Drug Case, Ruling Against Defendant | Robinson Law, PLLC
In a recent case coming out of a Virginia court, the lower court’s ruling in favor of the defendant was reversed. Originally, the trial court had suppressed incriminating evidence found against the defendant. When reviewing this decision, the higher court determined that the motion to suppress should not have been granted, and they reversed the decision, ruling against the defendant in the case.
Facts of the Case
According to the opinion, an officer received a call one afternoon notifying him of a black car “riding around” and “selling drugs.” While patrolling, the officer found a car matching the description parked next to an apartment complex. When the officer asked several people on the sidewalk if they knew to whom the car belonged, they responded that the driver lived in one of the apartments in the complex. The officer decided to go straight to the apartment to investigate.
Virginia Court Denies Defendant’s DUI Appeal on Technicality | Robinson Law, PLLC
In a recent opinion from a Virginia court, the defendant’s appeal was denied because he did not meet the technical requirements necessary in filing his appeal. On all of his court documents, the defendant listed the county instead of the Commonwealth as the prosecuting party, which the court concluded was incorrect. Due to this error, the court refused to consider the defendant’s appeal, and his original guilty verdict was affirmed.
Facts of the Case
According to the opinion, the defendant in this case was charged and convicted of driving under the influence. He was sentenced to twelve months in prison as a result of his conviction. After a sentencing hearing, the defendant appealed. He listed himself as the defendant in the case and he listed the Commonwealth of Virginia as the opposing party. Before the appeal, the case had listed the defendant as one party and the county where he resided as the opposing party, recognizing the county instead of the Commonwealth as the plaintiff. Because of the disagreement over which entity constituted the opposing party, the court had to first decide who was the proper opposing party before considering the defendant’s legal arguments in the case.
Virginia Court Denies Defendant’s Appeal in Firearms Case | Robinson Law, PLLC
In a recent firearms case coming out of a Virginia court, the defendant’s appeal of his guilty verdict was denied. Originally, the defendant was convicted of possessing a firearm under the age of twenty-nine after having been convicted of a delinquent act that would be a felony if committed by an adult. Because he had been previously convicted as a juvenile, the defendant was prohibited from having a gun, thus the court found that he had possessed the firearm illegally. On appeal, the defendant argued there was not enough evidence to prove that he had been previously convicted. The court disagreed, ultimately affirming the guilty verdict.
Facts of the Case
According to the opinion, the defendant was arrested in 2020 for a separate crime. When the police officer searched the defendant after arresting him, the officer found a firearm tucked into the waistband of the defendant’s pants. The officer checked the gun’s serial number, ran it through his system, and discovered that the firearm had been reported stolen earlier that day.
Virginia Court Affirms Defendant’s Guilty Verdict in Firearm Possession Case | Robinson Law, PLLC
In a recent case coming out of a Virginia court, the defendant failed to successfully appeal his conviction of firearm possession. Originally, a trial court found that the defendant knowingly possessed a 9-mm handgun in his bedroom; on appeal, the defendant argued that he had no idea the handgun was actually on his bedroom floor. Given the facts of the case, the court disagreed with the defendant and affirmed his guilty conviction.
Facts of the Case
According to the opinion, the defendant in this case had been previously convicted of statutory burglary, a crime that made it illegal for him to knowingly possess any firearm or ammunition for a firearm. One day, in late 2020, three police officers came to the defendant’s home when they received reports regarding a potential assault by the defendant on his girlfriend. The defendant’s girlfriend, who lived with him in the apartment, consented to the police searching the residence when they arrived.
Federal District Court Agrees with Defendant in Firearm Case and Vacates Guilty Conviction | Robinson Law, PLLC
In a recent firearm case coming out of a federal court in the southeast of the United States, the defendant’s appeal was successful. According to the defendant, the sentence he faced for a firearm offense was unnecessarily long, and the court should have calculated his incarceration time differently. The higher court agreed with the defendant, concluding that his sentence was incorrectly calculated and that the case should go back to the lower court so that the court could calculate the defendant’s sentence again.
Facts of the Case
According to the opinion, the defendant was charged with one count of knowingly possessing a firearm and ammunition. Instead of taking this case to trial, the defendant pled guilty and attended a sentencing hearing, in which a United States Probation Office would determine how long the defendant would face incarceration due to this crime.
Virginia Court Denies Defendant’s Appeal in Second Offense Drug Case | Robinson Law, PLLC
In a recent drug case coming out of a Virginia court, the defendant’s appeal of his guilty conviction was denied. In his appeal, the defendant argued that the evidence used against him at trial was legally insufficient, given that the trial court considered evidence of a prior conviction as support for the sentencing in this second offense case. Disagreeing with the defendant, the court affirmed the trial court’s judgment.
Facts of the Case
According to the opinion, the defendant was charged with the intent to distribute heroin and fentanyl as a second offense. The defendant’s first offense occurred in 2001 when he was convicted of possession with the intent to distribute imitation cocaine.
At the defendant’s trial for this second charge, he filed a motion asking the court to exclude evidence of the first offense. The defendant knew that if the court included evidence of the prior offense, he would potentially receive an enhanced penalty for the second offense. According to the defendant, the two crimes were not substantially similar, so they should not be reviewed in the same trial. The trial court denied the defendant’s motion and ended up convicting the defendant of a second offense.
Virginia Court Denies Defendants’ Appeal in Drug Case | Robinson Law, PLLC
In a recent drug case in the Commonwealth of Virginia, the higher court affirmed the lower court’s decision to find a husband and wife guilty of distribution and possession of drugs. After the defendants were found guilty, they appealed their verdict, but the court rejected their arguments and affirmed the original verdict.
Facts of the Case
According to the opinion, the two defendants in this case were a married couple who were convicted of conspiring to distribute and possess with intent to distribute a variety of controlled substances. They were also found guilty of distribution and possession with intent to distribute more than 5 grams of methamphetamine, which is a separate violation under Virginia law. One of the defendants, the husband, was convicted by himself of 16 additional counts of distribution and possession with intent to distribute. After the jury issued their guilty verdict, the judge in the case ordered the defendants to forfeit any remaining drugs they possessed and pay a large fine to the court.

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