Articles Tagged with #criminalattorney

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.

By Seth Peritz, Senior Attorney

Fairfax County has a special program designed specifically for petit larceny and other misdemeanor theft cases. This is called the OAR program. The general requirements to be eligible for the program are a) this must be your first offense, and b) you must be charged with only one offense. The program consists of completing 1) your are required to plead guilty or no contest to the charge, 2) 50 hours of community service, 3) the shoplifter’s prevention course, and 4) a period of probation. Upon completion of all requirements the charge is dismissed.

There some problems with this program. First, the charge is not expungeable, which means that it will stay on your record as a dismissed charge permanently. This means that it is something that you will most likely have to explain to employers. This can also have an impact on both qualifying for and maintaining security clearances. Second, if you are not a United States citizen, this will still count as a conviction for immigration purposes. This is due to the fact that under Federal Law, a plea of guilty or no contest is sufficient for the conviction itself. Therefore, even though the charge is dismissed, it can still have a negative impact on your immigration situation. We at Robinson Law can assist you in managing your case to determine the best outcome for your specific situation and work towards achieving it.

Contact Information