theft
Possessing stolen property risks conviction says Fairfax criminal lawyer
Possessing recently stolen property risks a theft conviction and possibly worse, says Fairfax criminal lawyer Possessing recently stolen property risks criminal prosecution. As a Fairfax criminal lawyer who has defended hundreds of people prosecuted for alleged misdemeanor and felony theft, I know that for starters that...
Multiple theft count aggregation – Virginia criminal lawyer
Multiple theft convictions convictions can prove a bigger headache for criminal defendants than one larceny conviction. As a Virginia criminal lawyer, I know the scarlet letter represented by even one theft conviction and the need to fully fight such prosecutions.
Theft prosecutions require proof of date and value- Fairfax criminal lawyer
Theft prosecutions need to be defended tooth and nail, says Fairfax criminal lawyer Theft prosecutions cannot be obtained in Virginia without proof beyond a reasonable doubt of the date of the crime and that the item(s) allegedly stolen had at least some value. Wright v....
Virginia criminal defense – Avoid others getting contraband anywhere near you
Assuming that Joshua Charles Moseley was innocent of his conviction for two counts of burglary, he would have benefited nicely by following my advice to beware who has access to your car -- and whose car you borrow, for that matter -- rather than letting...
Virginia criminal defense- The risk of conviction for mere possession of recently stolen property
In Virginia, possession of recently stolen property risks a conviction for stealing that property: “[P]roof of possession of recently stolen goods establishes a prima facie case that the defendant received [the stolen goods] with guilty knowledge, [and] the burden is cast upon him to go...
Virginia criminal law continues being backwards with crabbed discovery & low felony theft threshold
Virginia has long been backwards with crabbed criminal discovery rules and a decades-long $200 threshold to convict for felony theft.
In this year's Virginia legislative session, the Commonwealth remains backwards in the above respects, as follows: The Virginia House of Delegates tabled the criminal...
Virginia criminal law – Rebuttable presumptions are not okay; permissive inferences are okay
Criminal defendants are presumed innocent, so juries generally cannot be commanded to presume guilt from a set of circumstances and shift to the defendant the obligation to rebut that presumption. On the other hand, Virginia law does not prohibit trial judges from instructing juries on...
Getting a theft case dismissed through teamwork with my client
Early on with my criminal defense clients, I develop an action plan for the work ahead for me and my client, with the goal of improving our chances with case negotiations, any trial, and any possible sentencing.
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...
When alleged shoplifters receive dollar-demanding lawyer letters
Shoplifting collections letters are part of retailers' larger efforts to minimize loss from theft. For that reason alone, a person cannot expect to pick his or her nose or scratch his or her butt in a large store without being caught on security camera.