Fairfax Criminal Defense Law Blog

Know your defense options for larceny charges

On behalf of Ronald E. Smith, P.C. posted in Larceny & Theft on Thursday, June 22, 2017.

Facing larceny charges means that you have to think carefully about what defense you are going to present. The answer to this isn't always easy to determine; however, you can likely come up with a possible strategy by reviewing the points that the prosecution is bringing up in your case.

One possible defense that you might be able to use is that you were actually in possession of your own item. There are some cases in which people think that someone else took their belongings but in reality the items belonged to the other person. If you are facing larceny charges for being in possession of your own items that someone else is claiming, you will need to determine how you can call the prosecution's claims about the ownership of the item into question.

Plan the purpose of your defense before getting started

On behalf of Ronald E. Smith, P.C. posted in Assault & Battery on Friday, June 16, 2017.

Facing a violent crime charge means that you need to work hard on your defense because prosecutors usually work hard on these cases because of the circumstances that are involved in these cases. We know that this is an upsetting thought, but thinking about this now can help you keep your focus on your defense.

There are several different points that you have to think about in these cases. One of these points is how you are going to handle evidence, such as pictures of the injuries the victim suffered. Other evidence, such as forensic evidence, might also need to be addressed.

Understand what factors might impact a criminal sentence

On behalf of Ronald E. Smith, P.C. posted in Assault & Battery on Wednesday, June 7, 2017.

One of the things that people who are going through the criminal justice system think about often is what sentence they will face if they are convicted. The sentences are usually determined by looking into a host of factors. Understanding these might help you to plan your defense.

One of the primary factors that determines the sentence a judge hands down is the sentencing guidelines for the charge. For example, there are specific guidelines to sentence a person who is convicted of assault and battery. Those are different from the guidelines for a conviction on identity theft.

All drunk driving and boating charges are serious matters

On behalf of Ronald E. Smith, P.C. posted in Drunk Driving on Friday, June 2, 2017.

We recently discussed some of the indicators that police officers look for when they are determining if there is a possibility that someone is driving drunk. When the police officer pulls you over for one of those signs, they have almost certainly met the standard of reasonable suspicion that is required in these stops.

When you are facing a drunk driving charge, there are several things that you might be able to look into for your defense. These things are often complex matters that require some knowledge to handle. One of these would be calling the chain of custody into question. Another is finding out if evidence was handled properly or machines were calibrated correctly.

Indicators police look for when they suspect you're driving drunk

On behalf of Ronald E. Smith, P.C. posted in Drunk Driving on Friday, May 26, 2017.

Being charged with driving under the influence (DUI) can be scary. As if having to spend a night in jail to sober up were not scary enough, not knowing what implications the charges are going to have on your job, ability to adequately take care of your family and handle everyday routine tasks can be even more frustrating. While there are some differences as to how states handle DUI charges, there are some generalities as well.

Any blood alcohol content (BAC) that registers at or above .08 percent can result in DUI charges in most states. The only exception to this rule is for those who have yet to reach the the legal drinking age of 21. Most states consider those individuals who have a BAC of .01 to .02 percent to be driving drunk.

Think about all the options you have for your drug case

On behalf of Ronald E. Smith, P.C. posted in Drug Charges on Friday, May 19, 2017.

Facing drug charges means that you are also facing possible impacts to other aspects of your life. You should consider all of the possibilities when you are trying to decide what you are going to do for your defense. We understand that this is a stressful time, but we are here to help determine what options you might have.

You may be interested in learning how the quantity and type of drugs you are accused of having might impact your case. This is an important consideration, especially if there are questions about these aspects of the case. We can answer these questions so that you can make decisions based on the unique circumstances of your case.

Know the classification of the drugs involved in your case

On behalf of Ronald E. Smith, P.C. posted in Drug Charges on Friday, May 12, 2017.

There are several points that determine how you are going to be charged when you are facing a drug charge. One of the points that matters is the classification of the drug. There are five schedules of drugs that the legal system uses. These are numbered from one to five, with one being the ones that are classified as having legitimate use and five being the ones that aren't considered as hardcore as the higher schedules.

Interestingly, the federal government classifies marijuana as a schedule I drug. This means that the government doesn't see any use for the drug and has completely outlawed it. Heroin is also classified in this schedule.

Know what you can do to help your child in juvenile court

On behalf of Ronald E. Smith, P.C. posted in Juvenile Crimes on Friday, May 5, 2017.

We recently discussed what a status offense entails in juvenile court. These are offenses that wouldn't lead to legal troubles if an adult did the same things. Even though these might not seem significant, they can be a very big deal for your child.

No parent wants to know that their child got into trouble. When this happens, it can be a wake-up call for you that your child needs help for addiction, behavioral and/or mental health issues. You may learn about some of the services that could help your child.

Understand what a status offense is in juvenile court

On behalf of Ronald E. Smith, P.C. posted in Juvenile Crimes on Thursday, April 27, 2017.

Status offenses aren't as a serious as other offenses in the juvenile justice system, but this doesn't mean that you can ignore them. Instead, you need to learn about these offenses so that you can decide what to do about them if your child is facing one.

As a parent, you are probably worried about your child's future. You certainly don't want to think about your child ruining his or her life before it really gets started. This is why it is so troubling when you learn that your child is involved with the juvenile justice system.

Know what you need to consider in a drunk driving case

On behalf of Ronald E. Smith, P.C. posted in Drunk Driving on Friday, April 21, 2017.

Drunk driving is something that can even happen to the best of us, despite our good and safe intentions. Obviously, the best way to beat a drunk driving conviction is to just avoid driving drunk. If you are past that point and are currently facing a drunk driving charge, you have to take a few moments to think about what you are going to do moving forward.

We know that this is a very difficult time for you. When you think about the possible penalties you are facing, you might shudder. These can be very serious and could even include time in prison.