Virginia Criminal Law: To Plea or Not to Plea

There are three major ways that a criminal case can be resolved. It is important to know what those three major options are when facing criminal charges. Each of these three options carry different pros and cons.

So what are these three options, and which is the best in your particular case?

Pleading Guilty, No Contest, or Alford

The first option that you have when facing a criminal charge is to enter a plea to a charge. A plea can be entered at any point during a criminal proceeding. For example, a plea can be entered during your arraignment, right before your trial, or even after the prosecution has finished presenting their evidence.

The benefit of a plea is that it removes the ability for a prosecutor to ask for specific types of sentencing by a jury. It also has the benefit of expediting the process. A plea may be appropriate if you do not have any valid defenses to the criminal charges.

Additionally, a plea puts the resolution of your case and sentencing in the hands of your judge. Judges can often be lenient depending on the facts of your case. Judges have extensive powers in deferring or waiving your sentence. However, juries have less power to depart from mandatory sentencing requirements.

Demanding a Criminal Trial

You also have the right to demand a full trial. The Commonwealth Attorney is the office responsible for pursuing criminal charges in Virginia. You have the right to require the Commonwealth Attorney to present sufficient evidence to find you guilty.

Often times, there may be deficiencies in the evidence that the Commonwealth Attorney has acquired. For example, the officer that arrested you may have done something wrong, or a witness is unavailable for trial.

Alternatively, the Commonwealth Attorney may be overestimating the strength of their evidence. Some juries may not think that the evidence the Commonwealth Attorney has acquired is enough to convict you.

The benefit of having a trial is that is forces all of these issues into the light. If there is a significant deficiency in the Commonwealth Attorney’s evidence, you could be found not guilty.

However, if the Commonwealth Attorney is able to prove their case, you could face harsher sentencing from the jury. Juries in Virginia are typically more harsh than a judge would be if you are found guilty. Therefore, trial can be both rewarding and risky depending on the unique facts of your case.

Entering into a Plea Agreement

The last major option that you have is to negotiate with the Commonwealth Attorney to receive a specific sentence. Common options in negotiating a plea agreement include; a) amending your charge to something less serious, b) suspending any jail sentence you may receive so you do not have to go to jail or c) having a deferred disposition whereby if you complete classes or some other requirements your case could be dismissed.

The benefit of a plea agreement is that you know exactly what will happen after your criminal case concludes so long as you follow the rules. The downside is that you often waive your right to an appeal, so any agreement you work out is the end of the line for your case.

Why You Need a Lawyer

Criminal law is extremely fact specific. It is impossible to recommend one course of action over another without fully understanding the nature of the charges against you and the facts surrounding how you were charged. There are a number of things which, if true, could mean that a plea agreement is the best option. Alternatively, some things could have happened which would encourage a full trial.

At the end of the day, many criminal charges carry the possibility of jail time. There are also several other consequences that can arise out of a conviction. Therefore, you should speak to a local attorney to determine what course of action you should take.

Virginia Criminal Law: First Offender Programs

Have you been caught and charged with a crime? Awaiting your court hearing can be an emotional and challenging time for everyone. Virginia law can be harsh on people charged with a crime. Most crimes carry with them at least some amount of jail time.

However, if this is the first time you have been charged with a crime, you may be eligible for one of Virginia’s many first offender or deferred sentencing programs.

Drug Related Offenses

Have you been charged with possession of a controlled substance? 

If you were charged with simple possession of a controlled substance, such as marijuana, you may be eligible for Virginia’s First Offender Program. This program is designed to help people with substance abuse problems.

If you qualify for the program, then you may not have to serve any jail time so long as you comply with the terms set out by the judge. Common terms include community service, educational programs about the dangers of drug use, and court fines.

Failure to complete any one of these conditions may result in a jail sentence being given to you. The length of the sentence typically depends on the reason for your failure to comply with your program.

Domestic Violence Related Charges

If you were charged with domestic violence, you may be eligible for another of Virginia’s First Offender Programs. There are several requirements to be eligible for the program including, but not limited to, having been an adult at the time of the offense and having not been convicted of a prior domestic violence crime or a similar violent crime.

The benefits of the domestic violence first offender program is that you can often avoid jail time. You may have to take anger management classes, pay court costs, and be on good behavior for a period of one year.

Other Types of Crimes

Have you been charged with a different type of crime such as drunk in public or disorderly conduct? Virginia judges have a wide variety of options available to them in terms of handling cases. Judges have the option of deferring any of your charges for the purposes of providing you an opportunity to get better. These options, however, are not formal programs and are largely up to the discretion of the Judge.

Why You Need a Lawyer

If your charge falls outside of drug or domestic related offenses, then you need a lawyer to advocate on your behalf to determine the best possible outcome for your case. A lawyer can help by attempting to convince the judge that jail time is not appropriate in your case. If you have been caught with a crime, immediately consult an attorney for more information about Virginia’s first offender programs.

Virginia Department of Social Services: What You Need To Know

The Department of Social Services (“DSS”) is an organization created by the Virginia government. DSS was created to help people get state and federal benefits, protect children from abusive parents, prevent people from taking advantage of individuals with disabilities or special needs, and help with adoption proceedings.

If DSS has become involved in your life, it is because there is some concern about a friend or family member that needs help or protecting. Alternatively, you may be under investigation for some alleged wrongdoing. What do you need to know before you interact with DSS?

DSS Works With Law Enforcement

In order to provide people with the protection or services they need, DSS works closely with local law enforcement. Law enforcement may be notified about any information that DSS obtains during their investigations.

For example, if DSS is doing a family assessment on your family, and you admit to leaving drugs or alcohol in areas where children are located, that information could make its way to law enforcement. If you admit to using any controlled substances to DSS, that information may also make it to law enforcement. Be careful about what you admit to DSS.

There Are Several Types of DSS Workers

There are several different types of workers that are employed. During the time you are working with DSS, you may meet several different individuals. It is important to know who these individuals are and what their roles are. That way, if you have any questions about the status of your case, you will know who to talk to.

If you are dealing with a child that has been placed in foster care, you will likely have at least two (2) different workers. There will be a worker who does the initial investigation to determine placement options, and a worker that works directly with the foster care provider. If you have questions regarding how a child is adapting to foster care, the foster care worker is the better person to speak to.

DSS is Trying to Help

If you are the subject of an investigation, if you believe a child or an adult with disabilities is being abuse, or if your children have been taken away, keep in mind that DSS is trying to help your family. You should immediately report any possible family abuse. DSS’s goal is rarely to initially prevent someone from ever seeing their family again. DSS is there to try and identify safety and health issues that would make the home unfit.

If a family member has been taken away or placed under a protective order, DSS is required to work with you to identify services that can help return the child to your home. Some common types of services include substance abuse evaluations, mental health evaluations, in-home therapy, parent mentors, medication management, and family meetings at DSS’s office. The types of services that will be recommended depend largely on the needs of each individual family. You may have more or fewer services depending on why DSS is involved.

Why You Need a Lawyer if DSS Contacts You

As previously stated, DSS works closely with law enforcement. Additionally, DSS has a heavy caseload and may delay in getting you the services you need. If you say the wrong thing to DSS you could be subject to criminal proceedings. Alternatively, a delay caused by DSS may result in a significant period of time where you could have your child returned to you. A lawyer can help you understand what information could be dangerous to share, how best to receive the services your family needs, and how to interact properly with DSS. If DSS is involved in your family, make sure you consult a lawyer.

Virginia Real Estate Law: What Types Of Lawsuits Are There?

If you own or share real estate with another person, there is a decent chance you will have a property dispute with that person at some point. Virginia law provides for specific types of lawsuits that deal with real estate disputes. Common types of disputes include; one person wanting to sell the property but the other wanting to hold it, relatives requesting compensation for improving the value of the property, and disputes as to who actually owns the property.

So how are these disputes brought to the court, and what are some things the court will consider in dealing with these disputes?

Quiet Title Lawsuit

The first type of lawsuit dealing with real estate is known as a “quiet title” action. The reason this type of lawsuit is called quiet title is because you are “quieting” disputes over who holds the title to the land. For example; there may be a dispute over whether someone had the authority to sell a piece of land, or whether they intended to sell the land to one person instead of another.

A quiet title lawsuit is brought in the circuit court where the property is located. In a quiet title lawsuit, the parties are attempting to convince the judge that they have a better right to own the property than the other person. A judge in a quiet title action is trying to determine who actually owns the property. Judges will often consider the chain of title, who sold the property to whom, and compensation.

Partition Lawsuit

The second type of lawsuit dealing with real estate is known as a “partition lawsuit.” This type of lawsuit happens when two people own a piece of real estate. One of the parties may want to sell the property, but the other person wants to continue living there. If the two are unable to divide the property to settle the dispute, a court can step in.

In a partition lawsuit, the court is trying to determine what will happen to a piece of real estate given the nature of the dispute. Common outcomes include, but are not limited to, forcing on party to buy the other out, forcing the sale of the real estate, or forcing the parties to simply subdivide the real estate.

Declaratory Relief Action

The third type of lawsuit dealing with real estate is known as a “ declaratory relief action.” The purpose of this kind of lawsuit is to determine whether an easement, covenant, or restriction is valid. For example; if the person who owned the property prior to you put a restriction that “no shed can be built in the backyard,” then a declaratory relief action may be appropriate. Alternatively, if a neighbor had been granted access to a trail through your property, and they are now using it to run a full-time tourism business, you can challenge the use of the easement through a declaratory relief action.

In this type of lawsuit, the court needs to look at the type of easement in dispute, how the easement was created, and what has changed since the easement was created.

Why You Need a Real Estate Lawyer

Real estate law can be very complex. If you are having a dispute with another person over the use or ownership of real estate, it is important that you contact a lawyer. The lawyer will need to locate expert witnesses to support your case and track down old documentation to show how the land had previously been used. Failure to hire a lawyer in these kinds of cases may result in losing your valid claim.

Virginia Property Disputes: How To Get Your Stuff Back

Have you loaned a friend your car for the evening and they are refusing to return it? Did you break up with your significant other and they are refusing to give your dog back? Did your parents kick you out of the house and your stereo system is still there that you paid for? Virginia law protects people from having their personal property withheld from them.

So what is the process for getting your property back from someone who is unlawfully withholding it?

How Much Time Do You Have?

The first thing you need to be aware of is the timeline for filing your claim for stuff with the court. There are three different deadlines depending on whether you have a written contract with the person holding your property, an oral contract, or no contract at all.

For example, if you have a written contract with a storage company, and they are refusing to return your property even if the contract allows it, you have five (5) years to demand your property back. If you have an oral contract whereby your friend is borrowing your lawnmower, then you have three (3) years from the date you demand the property back.

In contrast, there is less time if you are dealing with a situation where there is no contract. If you need to get your dog back from your significant other, you only have two (2) years to do so. If you fail to file at the right time, you may never get your property back.

What Do You Need To File With the Court?

The process is started by filing a document known as a “Warrant in Detinue.” This document must identify the specific property you allege the other person is withholding. For example, if you are dealing with a dog you should identify their name, breed and age. It is also a good idea to provide documentation proving that you are the owner of the dog to the court. This applies whether there is a written contract or no contract. If there is no contract, you should attempt to locate proof of purchase such as receipts from your credit card company or your bank.

What if the Property is Stolen?

Alternatively, you may need to consider contacting your local Magistrate if the person who is holding your property has no right to do so. This may be considered theft. They may be in trouble with the police if they have stolen your property.

Why You Need a Lawyer.

Failure to follow the specific procedures provided under Virginia Law may cause your case to be thrown out. For example, if you do not provide adequate proof of ownership or enough description of the property, you will lose. If you do not timely file, you will lose. Therefore, if you are in a property dispute you should immediately contact an attorney to determine what your rights are.