251
Virginia drug dismissal conditions should not be taken lightly
Virginia drug dismissal conditions under the Virginia Code are taken very seriously by judges for § 18.2-251 / 251 dismissal option sentencing. As a Fairfax criminal lawyer, I know you proceed at your own possible peril to wait until your dismissal date for the first...
Fairfax Drug Lawyer on No License Suspension for Virginia Drug Convictions
Fairfax drug lawyer addresses no further license suspension for Virginia drug convictions. First the law changed to not automatically require license suspensions for marijuana 251's. That was followed in 2020 by not requiring license suspensions for drug convictions nor 251 dispositions. Drug convictions and 251...
Appealing From Virginia Probation Revocations & Stricken 251s
Appealing from any loss in court is an important option to consider, including for probation revocations and stricken dispositions under Va. Code § 18.2-251 (also known as 251). As a Virginia criminal lawyer, I know that any feeling of dread over a probation revocation or...
Virginia drug defense – The hype of no suspended driving for a marijuana 251
Virginia 251 dispositions for drug and marijuana possession are not necessarily the panacea that numerous police, prosecutor and judges elevate them to be. Talk is abuzz about a July 1, 2017, Virginia law change that no longer requires a judge to suspend one's driving privileges for...
Beware Virginia “facts sufficient to prove guilt” dispositions
Beware when judges and prosecutors dangle before criminal defendants the prospect of an ultimate dismissal of a criminal case after first necessitating a finding of facts sufficient to prove guiltB , whether under Va. Code § 19.2-303.2 or otherwise. Beware even when criminal defense lawyers encourage...
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...
Virginia marijuana defense – Legislative efforts fail (and later win) to exempt marijuana 251’s from mandatory license suspension
Even though a Virginia 251 disposition (enabling dismissal of a first-time drug possession case after successful probation completion) can be a Trojan Horse, a 251 ordinarily is preferable to a conviction. Recently, the Virginia House of Delegates and Senate made efforts to convert mandatory...
The tragedy of unrepresented defendants pleading guilty
Unrepresented criminal defendants do all sorts of harmful things to themselves when they appear for their trial date without a lawyer. One recent situation took the cake.
A sampling of recent case successes
Most criminal defense lawyers have a high number of clients who actually committed a criminal act. That reality does not automatically preclude an outright acquittal or dismissal.
Achieving victory through teamwork and patience
The criminal justice system at best masquerades as more just than it is. In the American criminal justice system, countless presumed-innocent people are caged on no bond or excessive bond pretrial; too many acts that should not be criminalized are criminalized (for instance marijuana, prostitution,...