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Virginia bail victories in Circuit Court need reasons from the bench

Virginia bail hearing victories can be exhilarating. As a Fairfax criminal lawyer, I know that getting released from jail pending trial for a Virginia DUI, felony or misdemeanor prosecution can be the only assurance that the criminal defendant will not lose his job, home, and...

Felony prosecutions in Virginia can result from injury-causing DUI

Felony prosecutions are possible for Virginia people convicted of DUI who in the process cause permanent injury to others. Specifically, any person violating the Commonwealth's DWI law who "in a manner so gross, wanton and culpable as to show a reckless disregard for human life,...

Withdrawal of felony counsel and marijuana 251 license suspension

Virginia's 2017 legislative session concluded with the following two important criminal law bills: 1. On February 18, 2017, I blogged that legislative efforts failed to exempt marijuana 251 dispositions (enabling an ultimate dismissal of a drug possession charge after a finding of facts sufficient to...

A felony theft conviction is not possible without proof of value

In Virginia, the felony theft threshold is $200. Setting aside the injustice of such a low threshold for distinguishing between facing up to a year in jail for misdemeanor theft and twenty years for felony theft, the prosecutor must prove that $200 value threshold beyond...