Virginia Criminal Defense News

Virginia Court Upholds Murder Conviction Despite Defendant’s Challenge to How Police Obtained the Evidence Against Him

Published on: May 25, 2020 | by Robinson Law, PLLC

Earlier this month, the state’s high court issued a written opinion in a Virginia homicide case involving the defendant’s challenge to the manner in which the police obtained the evidence that resulted in his conviction for murder. Ultimately, the court concluded that the police officers’ actions in entering the defendant’s home were reasonable, based on the “emergency aid” exception to the Fourth Amendment.

The Facts of the Case

According to the court’s opinion, a man received a text from his brother, the defendant, explaining that he had recently been struggling and that he was about to join their deceased mother. The defendant’s brother tried to get ahold hold of the defendant with little success, and eventually called the police to the defendant’s home.

The defendant’s brother explained his concern and showed the police the text message his brother had sent him. Police approached the defendant’s door and knocked. The defendant answered, but shortly after, police began to hear a “gargling sound mixed with some coughing and moaning, like pain.” Police asked to enter, but there was no response.

Virginia Court Affirms DUI Conviction After Rejecting Defendant’s Motion to Suppress

Published on: May 13, 2020 | by Robinson Law, PLLC

Earlier this year, a state appellate court issued a written opinion in a Virginia DUI case involving the defendant’s motion to suppress. Specifically, the defendant argued that the officer who pulled him over did not have reasonable suspicion to do so, and the trial court should have suppressed evidence that was recovered as a result of the stop. However, the appellate court disagreed with the defendant’s argument, finding that the traffic stop was supported by probable cause, affirming the defendant’s conviction.

The Facts of the Case

According to the court’s written opinion, police received a “be on the lookout” call reporting a man driving towards Bowling Green in a small green sedan to go get more beer. An officer went to one of the three businesses in Bowling Green that sells beer, and observed a small green sedan pull into the parking lot. There was one man inside, the defendant, drinking from a can. As the officer pulled closer, the defendant drove off.

The officer followed the defendant. A few moments later, the defendant approached a red light. When the light turned green, the defendant waited six or seven seconds before proceeding. The officer initiated a traffic stop and, upon approaching the vehicle, noticed that the defendant had glassy eyes, slurred speech and that there were numerous containers of alcohol in the car. The defendant was ultimately arrested and charged with DUI.

The Heightened Risk and Dangers of COVID-19 Outbreak in Virginia Jails and Prisons

Published on: April 27, 2020 | by Robinson Law, PLLC

The COVID-19 pandemic is shedding light on how quickly infections spread in confined areas, such as in Virginia prisons and jails. Older adults and those with certain medical conditions are at a heightened risk of experiencing severe and potentially life-threatening illnesses after exposure to COVID-19. Given the accelerating rate of COVID-19 infections throughout the world, it is inevitable that almost every Virginia prison and jail will experience an outbreak to some degree. The rapid spread of the disease may have devastating effects on the well-being of those who work or are confined to Virginia prisons and jails.

In response to the growing concern of the health and safety of incarcerated individuals, corrections officers, and those that live in communities near these facilities, the World Health Organization (WHO) has provided guidance for responding to COVID-19 outbreaks in detention facilities. Included in this guidance is the importance of wide-scale testing, screening, and treatment for the infection. Despite, incarceration, individuals at these facilities maintain the constitutional right to appropriate healthcare treatment and services.

The WHO’s recommendation is challenging for Virginia correctional facilities because the guidance is not tailored to these types of environments. First, testing and screening for COVID-19 is the most critical part of mitigating the spread of the infection; however, it is unclear whether communities are requesting and receiving enough tests to account for the prison population. Further, most correctional institutions lack the appropriate number of medical supplies, such as personal protective equipment, ventilators, and oxygen tanks. Additionally, because these facilities typically place security over an inmate’s health when allocating resources, they tend to lack an appropriate number of healthcare workers. Given the relationship between correctional officers and incarcerated individuals, it is almost impossible for these facilities to abide by the Centers for Disease Control recommendations on social distancing.

How the Coronavirus Pandemic Is Affecting Virginia Criminal Courts

Published on: April 6, 2020 | by Robinson Law, PLLC

The Coronavirus pandemic has shut down much of society, including many courts across the country. While any court closure has an impact on those with pending cases, the closing of a criminal court – where many of those who are impacted are in custody – raises obvious concerns.

On March 16, the Chief Justice of the Supreme Court of Virginia issued an order declaring a judicial emergency. In effect, the order suspended all deadlines and closed the courts for all non-emergency, non-essential functions. Initially, the order was for 21 days, and was set to expire on April 6. However, on March 27, the Chief Justice issued another order extending the judicial emergency until April 26.

Under the original order, all non-essential, non-emergency proceedings are to be continued. This means that all jury trials and trials held in front of a judge will be continued until at least April 26. However, the Court’s order does allow for specific procedures to continue. For example, the following hearings and proceedings can still be conducted during the judicial emergency:

Virginia Court Discusses Constructive Possession in Recent Drug Possession Case

Published on: March 19, 2020 | by Robinson Law, PLLC

Earlier this year, a state appellate court issued a written opinion in a Virginia drug possession case discussing whether the evidence presented proved that the defendant knew the drugs were in the center console of the vehicle he was driving. Ultimately, the court found that there was insufficient evidence to establish constructive possession, reversing the defendant’s conviction. The case presents a good example of the concept of constructive possession.

According to the court’s opinion, police officers pulled over the defendant for speeding. When the officer approached the car, he smelled marijuana and noticed that the defendant was nervous and sweating. The officers searched the car, finding a small baggie of marijuana in the center console. Also in the center console was a piece of crumpled up notebook paper with a single Oxycodone pill inside. There was no evidence presented regarding who owned the car, how long the defendant had been using the car, or where the marijuana was found in relation to the oxycodone.

At trial, the defendant convicted of possession of marijuana and oxycodone. The defendant appealed his conviction for possession of oxycodone, arguing that there was no evidence suggesting that the pill was his or that he knew about the pill’s presence.

Virginia Court Affirms Defendant’s Hit and Run Conviction

Published on: March 5, 2020 | by Robinson Law, PLLC

In Virginia, most traffic citations are not criminal matters. However, when a motorist violates some of the more serious traffic laws, it may result in more than just a traffic ticket. Some traffic violations can end up in a criminal conviction, resulting in fines, costs, probation and even jail time.

One example of this type of offense is a Virginia DUI. Technically a traffic offense, a DUI will result in criminal charges being filed against a driver. A hit and run accident is another example. In February, a state appellate court issued a written opinion in a Virginia hit and run case discussing the defendant’s conviction for failing to stop at the scene of an accident. The case presents a thorough discussion of what the prosecution must establish before a defendant can be found guilty of this offense.

As is the case in any criminal trial, the prosecution must establish each element of the offense beyond a reasonable doubt. Under Virginia Code § 46.2-894, a person who is involved in an accident must stop as close to the scene as possible. In addition, a motorist must provide their “name, address, driver’s license number, and vehicle registration number forthwith to the State Police or local law enforcement agency, to the person struck” as well as anyone who was injured in the accident. Finally, the motorist must render reasonable assistance to anyone injured in the accident, including taking that person to the hospital or calling 911.

Virginia Court Affirms Homicide Conviction Following Hit-and-Run Accident

Published on: February 27, 2020 | by Robinson Law, PLLC

Earlier this month, a state appellate court issued a written opinion in a Virginia homicide case discussing whether a hit-and-run car accident could be the basis for a homicide conviction under state law. Ultimately, the court concluded that while not every hit-and-run accident can be the basis for a homicide conviction, neither are hit-and-run accidents categorically prohibited as a basis for such a charge. Thus, the court determined that whether a hit-and-run accident can serve as the basis for a felony-murder charge depends on the specific facts of each case.

Virginia’s felony-murder statute allows for someone to be convicted if they kill another person during the commission of a felony. The classic example of a felony-murder is when someone is accidentally killed during a bank robbery. Say, for example, the defendant’s gun accidentally discharges, or a co-defendant brings along a firearm to the surprise of the defendant. In either case, the defendant could be charged with felony-murder. However, because “malice” is a required element in a Virginia homicide conviction, the underlying felony must either be a violent crime, or a non-violent crime that was performed in a violent manner. The question here was whether a hit-and-run accident could meet such a definition.

According to the court’s opinion, the defendant was involved in a hit-and-run accident. The victim of the accident was someone the defendant knew, and had previously been involved in a relationship with. Evidently, a few days before the fatal accident, the defendant had struck the victim with her vehicle while he was riding a bicycle; however, both the defendant and the victim denied that was the case.

Virginia Court Discusses the Crime of Identify Theft in Recent Appellate Opinion

Published on: February 18, 2020 | by Robinson Law, PLLC

When most people think of identity theft, they picture someone using another’s information to withdraw money or make a purchase. However, earlier this month, a state appellate court issued an opinion in a Virginia identify theft case discussing whether someone can be found guilty of identity theft if they use their own identifying information to obtain money. Ultimately, the court affirmed the defendant’s conviction, concluding that there is no statutory requirement that a person charged with identity theft use another’s identifying information.

According to the court’s opinion, the defendant went to a bank and presented the bank teller with a check that was written to the defendant. The defendant gave the bank teller her own identification and asked to cash the check. The bank teller wrote the defendant’s driver’s license number on the back of the check, but suspected something was awry, as the writing on the check was not uniform. The teller called the account holder, who gave the phone to a police officer who was currently at her home investigating a burglary. As it turns out, the checks were in the process of being reported stolen. As the teller was on the phone, the defendant left the bank.

The defendant was charged with several crimes, including identify theft. The defendant admitted to possessing the check and trying to cash it. However, the defendant claimed that the check was given to her for payment for a television she sold to a woman named “Sug.” The defendant testified that she accepted the check, not knowing the woman’s real name because she needed the money. She also explained that she left the bank because she was scared. The account holder testified that she never gave anyone that check, and that signature on the check was not hers.

New Prosecutors in Virginia – What Does it Mean for Criminal Charges?

Published on: December 19, 2019 | by Robinson Law, PLLC

By Seth Peritz, Senior Attorney

In November of 2019, Prince William, Loudoun, Fairfax, and Arlington counties elected new Commonwealth’s Attorneys. Some of these prosecutors have hinted that they will not be prosecuting possession of marijuana and/or petit larceny cases. Apparently, some officers are informing defendants that they do not need to hire attorneys for these kinds of cases because the prosecutor will just “drop” them.

In reality, none of these new Commonwealth’s Attorneys have taken office yet, and no official plans have been set as to how the offices are going to handle these cases. Currently, there are programs, such as the deferred finding program, or the OAR program, that would end in these charges being dismissed. However, these types of “dismissals” may still have negative consequences, as you cannot remove these charges from your record, even though they show up as dismissed.

Beyond a Reasonable Doubt

Published on: December 5, 2019 | by Robinson Law, PLLC

By Andrew Criado, Senior Attorney

The four most important words in criminal law: Beyond a Reasonable Doubt. What does that mean? It means that a person charged with a crime cannot be convicted and punished unless the prosecution can prove the defendant’s guilt in court beyond a reasonable doubt. The government’s evidence has to erase all reasonable doubt about the defendant’s guilt. What if, at the end of the prosecution’s case, there remains some doubt about whether the defendant committed the crime? Then the charge must be dismissed. What if the prosecution proves that the defendant probably committed the crime? Then the charge must be dismissed. In a criminal case, any conclusion other than proof beyond a reasonable doubt requires that the charge be dismissed—forever.

The government gets one shot at proving its case. This concept is important because it makes clear that a criminal case is about whether the government can prove the crime rather than whether the crime actually happened. There are many cases where the evidence shows that the defendant most likely committed the crime but the charge is nonetheless dismissed because the evidence does not meet the high burden of proof beyond a reasonable doubt.