Fairfax Virginia Reckless Driving Divorce DUI Traffic Child Custody Laws|Lawyer County

Defendant Pay Court Appointed Attorney Virginia Fairfax

Who pays for a court appointed attorney in Virginia?

If you are convicted, a judgment will be entered against the defendant for payment of the court appointed attorney in Virginia. Thus, if you are convicted of a felony or a misdemeanor in Virginia, you will have to pay for the court appointed attorney who was appointed to represent you.

Defendant Pay Court Appointed Attorney Virginia Fairfax
Defendant Pay Court Appointed Attorney Virginia Fairfax

The fee a court appointed attorney receives in Virginia for a misdemeanor case is $120. No matter how many hours a court appointed attorney works on your case, the maximum fee allowed by the court for a misdemeanor case in Virginia is $120.

Additionally, a number of different jurisdictions are waiving jail on misdemeanor offenses so that the state can save money by not having to appoint an attorney on your case. This means that on many misdemeanors, you may think that since jail is not an issue, you do not have anything to worry about. The reality is that you may be offered a plea that may result in you having a criminal conviction that will follow you for the rest of your life.

Do not take criminal charges lightly. Make sure you review all your options and consider talking to an attorney about the strengths and weaknesses of your case prior to going to court for the very first time.

When you talk with an experienced attorney, you may realize that you may have viable defenses to your charge. Furthermore, you may constitutional arguments that may result in the dismissal of your case. However, if these constitutional arguments based usually on the 4th, 5th or 6th amendments are not raised, then you may have lost them forever and be found guilty of your pending charge.

You are welcome to contact our firm to discuss your options. Please note that our firm does not do any court appointed work and we are not court appointed attorneys. If you need to get a court appointed attorney, please contact the court for help.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

FLSA Lost Wage Recovery Laws Virginia DC FAQ Lawyer Fairfax

ARE YOU BEING PAID LESS THAN THE MINIMUM WAGE IN VIRGINIA OR DC?

ARE YOU WORKING MORE THAN 40 HOURS PER WEEK AND NOT BEING PAID OVERTIME IN VIRGINIA OR DC ?

DOES YOUR CURRENT OR FORMER EMPLOYER OWE YOU BACK WAGES OR OVERTIME IN VIRGINIA OR DC?

THERE IS A FEDERAL LAW WHICH MAY HELP YOU COLLECT “LOST WAGES”.

The Federal Labor Standards Act (FLSA) sets a federal minimum wage and provides an overtime requirement for employees who work more than 40 hours per week. The FLSA also provides an enforcement mechanism for employees.

An employee may recover the following damages: a)unpaid wages or overtime; b) an equal amount in liquidated damages; and c) attorney’s fees and costs. FLSA COVERAGE EXTENDS TO UNDOCUMENTED WORKERS. YOU DO NOT HAVE TO BE “LEGAL” TO FILE A CLAIM UNDER THE FLSA.

FLSA Lost Wage Recovery Laws Virginia DC FAQ Lawyer Fairfax
FLSA Lost Wage Recovery Laws Virginia DC FAQ Lawyer Fairfax

There are some job titles that are exempt from the FLSA. Some common exempt classifications are: a) white collar exemptions for executive, administrative and professional jobs; and b) outside sales jobs.

There are some job titles that are exempt from FLSA overtime coverage. Some common job titles that are exempt from overtime coverage are: a) employees covered under the Motor Carrier Act; b) railroad employees; c) air transportation employees; d) employees employed as seamen on American vessels; e) taxicab drivers; f) domestic servants who reside in the household; and g) motion picture theater employees.

In general you have TWO YEARS from the date of the violation in which to file a FLSA case. This is called the statute of limitations. In some cases there is a THREE YEAR statute of limitations.

To successfully collect damages under the FLSA you need to prove: a) employment at a job which does not fall within an exempt classification; b) hours worked; and c) wage rate paid.

EXAMPLES:

1. Carlos works as a cook at a restaurant. He is paid for a 40 hours week at minimum wage. He is scheduled to work 8:00 a.m to 4:00 p.m. Monday through Friday. His boss requires him to come in 30 minutes early to “set up” and to stay 30 minutes after his shift to “clean-up”. Does Carlos have a claim under the FLSA for overtime?

Answer: Yes. Carlos is actually working 9 hours per day. He is entitled to 5 hours of overtime which is calculated at 1.5 times his hourly pay per week.

2. Diego works for a landscape company and is paid $400.00 per week cash. Diego does not have any papers. Diego works 10 to 12 hours, 6 days per week. Does Diego have a claim under the FLSA for overtime?

Answer: Yes. It does not matter whether or not Diego has papers. Based upon the hours he works he has a claim for underpayment of wages and overtime.

3. Tony works as a day laborer. Bill who is acting as a subcontractor on a construction project hires Tony to do demolition at $175.00 per day. Bill works on the project for 5 days. Bill doesn’t pay Tony. Does Tony have a claim under the FLSA.

Answer: Maybe. Tony’s success in recovering his wages will depend upon finding Bill. If Bill does not have a licensed business and is just operating out of his truck, it may be impossible to collect the unpaid wages.

4. Calvin works as a truck driver. He has a CDL and is paid for 40 hours of work per week. Calvin regularly works over 40 hours per week because of the traffic conditions in this area. Does he have a claim for overtime under the FLSA.

Answer: No. Calvin is covered under the Motor Carrier Act (29 USC 213(b)(1) and his employer is exempt from the overtime requirements of the FLSA.

HOW DO I KNOW IF I HAVE A CLAIM UNDER THE FLSA. Only a lawfirm experienced with dealing with the FLSA can properly advise you whether or not you have a cause of action. Do not assume that you do not have a claim under the FLSA because you believe your job falls within an exempt classification as there are many exception under the Act. Contact us for help.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Federal Child Pornography Defense Fairfax

Federal Child Pornography Defense – Virginia Lawyers

There are many different penalties for a Federal Child Pornography Charge in Virginia.

If you have been charged with a Federal Child Pornography Charge in Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Federal Child Pornography Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the experience and skills necessary to assist you.

Virginia Federal Child Pornography Defense Fairfax
Virginia Federal Child Pornography Defense Fairfax

Hillard v. United States

Facts:

Defendant was charged with one count of pandering child pornography under 18 U.S.C.S. § 2252A (a)(3)(B) and one count of possessing child pornography under § 2252A(a)(5)(B). He pleaded guilty to both counts but reserved the right to challenge the constitutionality of the pandering conviction. The United States Court of Appeals for the Fourth Circuit held that § 2252A(a)(3)(B) was both overbroad and impermissibly vague. Certiorari was granted.

If you are facing a criminal case in Federal Court, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Generally speaking, 18 U.S.C.S. § 2252A(a)(3)(B) prohibits offers to provide and requests to obtain child pornography. The statute does not require the actual existence of child pornography. Rather than targeting the underlying material, this statute bans the collateral speech that introduces such material into the child-pornography distribution network. Thus, an Internet user who solicits child pornography from an undercover agent violates the statute, even if the officer possesses no child pornography. Likewise, a person who advertises virtual child pornography as depicting actual children also falls within the reach of the statute.
  • The pandering and solicitation made unlawful by 18 U.S.C.S. § 2252A(a)(3) are sorts of inchoate crimes–acts looking toward the commission of another crime, the delivery of child pornography. As with other inchoate crimes–attempt and conspiracy, for example–impossibility of completing the crime because the facts were not as the defendant believed is not a defense.
  • 18 U.S.C.S. § 2252A(d) provides an affirmative defense to the possession ban if a defendant promptly delivers child pornography to a law-enforcement agency.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Federal Child Pornography Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the experience and skills necessary to assist you.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Driving Suspended License Virginia Fairfax

Driving On Suspended License Charge – Virginia Lawyers

There are many different penalties for a Driving On Suspended License charge in Virginia.
If you are dealing with a Driving On Suspended License in Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Driving On Suspended License Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Driving Suspended License Virginia Fairfax
Driving Suspended License Virginia Fairfax

Lamith v. Commonwealth

Facts:

Defendant was convicted of being an habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act. The court affirmed the judgment, holding that because defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license and he could have been convicted of driving on a suspended license without evidence of his intoxication, the act of driving an automobile on one occasion could give rise to several acts and offenses under the Act. The court further held that it was not the same act that gave rise to each violation of the two statutes under which defendant was convicted.
If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Under Va. Code Ann. § 46.1-387.2, an habitual offender is defined as one who, within a 10-year period, accumulates three or more convictions singularly or in combination, of the following separate and distinct offenses arising out of separate acts: driving or operating a motor vehicle while under the influence of intoxicants or drugs or driving a motor vehicle while his license, permit or privilege to drive a motor vehicle has been suspended or revoked.
  • Va. Code Ann. § 19.1-259 provides that if the same act be a violation of two or more statutes, conviction under one of such statutes shall be a bar to a prosecution or proceeding under the other or others. Under this provision, one occasion of driving an automobile may give rise to several acts and offenses and that the test of whether there are separate acts sustaining several offenses is whether the same evidence is required to sustain them.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Driving On Suspended License Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Grounds Immediate Suspension License Scene Virginia Fairfax

Grounds For Immediate Suspension Of License On The Scene – Virginia Lawyers

There are many different penalties for Suspension Of License In Virginia.

If you are dealing with a Suspension Of License In Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Suspension Of License In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Grounds Immediate Suspension License Scene Virginia Fairfax
Grounds Immediate Suspension License Scene Virginia Fairfax

Philips v. Commonwealth

Facts:

The Fairfax General District Court suspended the Petitioner’s driving privileges for driving while his license was suspended for failure to pay fines and costs and also for he left the scene of the accident after it was occurred. The Virginia Department of Motor Vehicles determined that petitioner was a habitual offender as defined by Va. Code Ann. § 46.2-351. The department revoked petitioner’s driving privileges and he filed a petition to restore them under Va. Code Ann. § 46.2-361(B), which provides that a person may petition the court for immediate restoration of his driving privileges if (1) the person’s habitual offender determination was based solely upon his failure to pay fines and costs, and (2) the person has paid all outstanding fines and costs relating to his habitual offender determination. The court denied the petition because it concluded that the petitioner’s suspensions were not all for fines and costs as required by § 46.2-361(B). The court found that petitioner’s driving privileges were suspended on the grounds for his failure to attend the habitual offender interview and for failure to attend a driver improvement clinic.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Convictions for failure to pay fines and costs are the types of convictions listed in Va. Code Ann. § 46.2-361(B) for which immediate restoration, upon payment of all fines and costs, is available. A suspension under § 46.2-707 for failure to pay the uninsured motorist fee is not one of those suspensions which, when it is the basis of the predicate convictions, enables one to seek restoration upon payment of fines and costs.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Suspension Of License In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Traffic Charge Without License Virginia Fairfax

Traffic Charge Of Driving Without A License – Virginia Lawyers

There are many different penalties for a Traffic Charge Of Driving Without A License In Virginia.

If you are dealing with a Traffic Charge Of Driving Without A License In Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Traffic Charge Of Driving Without A License In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Traffic Charge Without License Virginia Fairfax
Traffic Charge Without License Virginia Fairfax

John Peter v. Commonwealth

Facts:

Defendant appealed a judgment by the Court of Appeals of Virginia that denied his petition for appeal; defendant claimed that the evidence was insufficient to find him guilty of felony hit and run, in violation of Va. Code Ann. § 46.2-894, because he was not involved in an accident since his actions were intentional. The Defendant had a previous traffic charge of driving without license.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • The purpose of Va. Code Ann. § 46.2-894 is to prevent motorists involved in accidents from evading civil or criminal liability by leaving the scene of an accident and to require drivers involved in an accident to provide identification information and render assistance to injured parties
  • The purpose of Va. Code Ann. § 46.2-894 is to protect persons injured as the result of, and to ensure the assessment of liability arising out of, an unfortunate vehicular event. The statute’s primary beneficiary is the injured victim, and it makes no difference whether the collision was intentional or unintentional.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Traffic Charge Of Driving Without A License In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Lidar Beam Angle Spread Speeding Virginia Fairfax

Lidar Beam Angle Spread & Speeding Charge – Virginia Lawyers

There are many different penalties for a Speeding Charge In Virginia.

If you are dealing with a Lidar Beam Angle Spread & Speeding Charge In Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Lidar Beam Angle Spread & Speeding Charge In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Lidar Beam Angle Spread Speeding Virginia Fairfax
Lidar Beam Angle Spread Speeding Virginia Fairfax

Adrian v. Commonwealth

Facts:

A police officer, using a laser device, determined that defendant was speeding, in violation of Va. Code Ann. § 46.2-874 and the lidar beam from the speeding vehicle spread in an angle that caused disturbance to the other vehicles on the road, visibility problem. The Commonwealth introduced a “Certificate of Calibration” and the officer’s testimony that he checked the device each morning. However, the officer stated that the only way to confirm the accuracy of the device in determining the speed of a moving vehicle was by the certificate.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Va. Code Ann. § 46-215.2, the predecessor to Va. Code Ann. § 46.2-882, does not eliminate the necessity for the Commonwealth to prove that a machine used for measuring speed has been properly set up and recently tested for accuracy. That rule also applies to § 46.2-882.
  • Although Va. Code Ann. § 46.2-882 provides an exception to the hearsay rule for a certificate showing the accuracy of a speedometer or tuning fork used in testing a device, it does not provide such an exception for a certificate showing the accuracy of the device itself.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Lidar Beam Angle Spread & Speeding Charge In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Passing School Bus Virginia Reckless Driving Fairfax

Passing A School Bus Reckless Driving Charge – Virginia Lawyers

There are many different penalties for a Passing A School Bus Reckless Driving Charge In Virginia.

If you are dealing with a Passing A School Bus Reckless Driving Charge In Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Passing A School Bus Reckless Driving Charge In Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Passing School Bus Virginia Reckless Driving Fairfax
Passing School Bus Virginia Reckless Driving Fairfax

Luther Camp v. Commonwealth

Facts:

Defendant’s motion to set aside the guilty verdict rested on his claim that the Commonwealth failed to prove that the words “School Bus” were on the front and rear of the bus that he was charged with illegally passing in letters that were at least eight inches high, as required by Va. Code Ann. § 46.1-190(f). The court noted that the prosecution’s witnesses, including the school bus driver and the school bus supervisor, had testified that the letters of the words “School Bus” were from three to six inches high; though the school bus supervisor later claimed that the letters were actually over six inches high, he failed to specify their height. The court granted defendant’s motion to set aside the jury verdict that convicted him of reckless driving.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Va. Code Ann. § 46.1-190(f), which declares that illegally passing a stopped school bus constitutes reckless driving, requires that the words “School Bus” be in black letters at least eight inches high on the front and rear of the bus. The Supreme Court of Virginia has said that in order to convict a defendant for violating § 46.1-190(f), the burden is on the Commonwealth to show that the school bus was properly marked or identified.
  • The standard in a criminal case is proof beyond a reasonable doubt and it is elementary that an accused in a criminal case is presumed to be innocent until his guilt has been proved beyond a reasonable doubt; the burden rests upon the Commonwealth to establish such guilt and the burden never shifts. Every material element of the offense charged must be proved in order to find a defendant guilty.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Passing A School Bus <a href='http://srislawyer.com/reckless-driving-in-virginia/reckless-driving-virginia-lawyer-46-2-865-fairfax-richmond-beach-prince-william-loudoun-fredericksburg-lynchburg/' title="reckless driving In Fairfax VA”>reckless driving Charge In Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Hit Run Class 5 Fairfax

Hit & Run Class 5 Felony – Virginia Lawyers

If you are dealing with a Hit & Run Class 5 Felony Charge in Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Hit & Run Class 5 Felony defense in Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Virginia Hit Run Class 5 Fairfax
Virginia Hit Run Class 5 Fairfax

James V v. Commonwealth

Facts:

A jury in the Circuit Court of Fairfax (Virginia) convicted defendant of various offenses, including attempted malicious wounding in violation of Va. Code Ann. § 18.2-51.1, and felony hit-and-run in violation of Va. Code Ann. § 46.2-894. Defendant appealed.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • When determining the scope of the charged offense, courts consider as “incorporated by reference” the statutes cited in the indictment.
  • Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $ 1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $ 1000 or less to property.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Hit & Run Class 5 Felony defense in Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Marital Rape Laws Virginia 18.2-61 Fairfax

Marital Rape Laws Charge – Virginia Lawyers

There are many different penalties for a Marital Rape Laws charge in Virginia.

If you are dealing with a Marital Rape in Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Marital Rape Laws Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Marital Rape Laws Virginia 18.2-61 Fairfax
Marital Rape Laws Virginia 18.2-61 Fairfax

Jackson v. Commonwealth

Facts:

Defendant contested his conviction of marital rape. The court reversed the conviction and found that the evidence was not sufficient to establish beyond a reasonable doubt the three elements necessary to sustain a conviction for marital rape. The court found that the evidence showed that the victim lived separate and apart from her husband, and that she refrained from voluntary sexual intercourse with defendant.

If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In a case of marital rape, the prosecution, in addition to establishing a violation of the general rape statute, Va. Code Ann. § 18.2-61, must prove beyond a reasonable doubt that the wife unilaterally had revoked her implied consent to marital intercourse. The wife’s revocation of consent must be demonstrated by a manifest intent to terminate the marital relationship. The facts necessary to show this intention to terminate must reveal that the wife: has lived separate and apart from the husband; has refrained from voluntary sexual intercourse with her husband; and, in light of all the circumstances, has conducted herself in a manner that establishes a de facto end to the marriage. In this context, de facto means in fact, or actually.
  • A wife can unilaterally revoke her implied consent to marital sex where she has made manifest her intent to terminate the marital relationship by living separate and apart from her husband; refraining from voluntary sexual intercourse with her husband; and, in light of all the circumstances, conducting herself in a manner that establishes a de facto end to the marriage. And, once the implied consent is revoked, even though the parties have not yet obtained a divorce, the husband can be found guilty of raping his wife, if the evidence against him establishes a violation of Va. Code Ann. § 18.2-61.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Marital Rape Laws Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Scroll To Top