Christianburg Criminal Defense Law Blog

A conviction for an aggravated DUI can rob you of your freedom

There are many penalties associated with being charged with driving under the influence (DUI) in Virginia. You're likely to have your driver's license suspended, serve some time in jail, pay significant fines and fees and be asked to have an ignition interlock device (IID) installed on your car.

If you think that those are bad; there are certain situations, known as aggravated circumstances, that can result in far harsher penalties for you if you're convicted of a DUI.

In Virginia, dabs and other marijuana extracts result in felonies

There are many reasons why people decide to start using marijuana extracts instead of natural state marijuana. Common forms of extracts, like butane hash oil, may not smell as strongly as actual marijuana, making them easier to hide.

They are also more potent, meaning less will have more of an effect on your body. For those with serious medical conditions, that higher dose may be important. There are other reasons as well, including the fact that dabs are simply trendy and popular right now.

How is possession different from intent to distribute charges?

Being charged with drug possession by itself is a serious enough of an offense. When accompanied by accusations that you intended to distribute it as well, though, it can make potential penalities far worse if you're convicted of such a crime. It's because of this that you may wonder what leads police to charge you with possession with an intent to distribute.

Most state laws mirror federal ones when it comes to how drug crimes are defined. It's because of this that most law enforcement agencies understand the concept of possession to refer to more than just someone having drugs in their pockets, on them, in their belongings or in their hands. An individual can be charged with possession whether the drug is in his or her car or home as well.

A new Virginia law to legalize drunk driving on your own property

A new drunk driving bill, SB 308, has just been passed through the Virginia Senate with an overwhelming 37-3 vote. It's now headed to the Virginia General Assembly before it becomes law. If passed, this bill would make it legal for anyone to drive along their own residential property while drunk.

Many opponents of the bill argue that it sends a message to Virginians that it's okay to get behind the wheel of a car when you're intoxicated. Proponents of the legislation don't deny that many may be left with that impression if the bill is signed into law. They, however, argue that the purpose of the bill is to prevent against situations like one that was just adjudicated in Fairfax during these past few months.

Aggressive, public behaviors are considered disturbing the peace

Disturbing the peace is one of many different types of criminal offenses that falls under the umbrella of disorderly conduct. The types of actions an individual may take that would be considered to disturb the peace are quite broad in scope. They include any disruptive behaviors that can impact another's ability to enjoy peace and quiet or to conduct their everyday personal or business affairs.

If you've heard of someone being charged with disturbing the peace before, then he or she likely organized a public group unlawfully or shouted an offensive word which incited violence. You may even be aware of individuals having been arrested for such a crime after having either threatened or actually started a fight in public.

Guilty pleas are entered in Christiansburg fake prescription case

A federal judge accepted the guilty pleas of at least 10 different members of a Maryland Oxycodone drug ring on Friday, Feb. 9. They'd been accused of having passed falsified prescriptions at the Christiansburg Kroger store and other pharmacies throughout Lynchburg, Roanoke and Blacksburg.

It's estimated that the band of 15 may have used as many as 44 fraudulent prescriptions to accumulate well over 3,000 of tablets of the addictive drug over the course of eight weeks during the spring of 2015.

The 3 ways a marijuana possession conviction ruins your life

Social attitudes about marijuana have shifted drastically in the last decade. While admitting to marijuana use was once a social taboo, these days it's become far more common. As more states move to legalize the drug for medical and recreational use, many people, especially young people, are more open about their use. That can prove to be a serious mistake.

Even if first marijuana possession offenses in Virginia seem to only carry a slap on the wrist, the truth is much more complicated. Anyone accused of a marijuana-related crime in Virginia needs to take the potential consequences of that charge seriously, especially if he or she has enrolled in college or hopes to attend college in the future.

Why and how are drugs being divided up into schedules?

When President Nixon signed the Controlled Substances Act (CSA) into law in 1970, it made it where what used to be in excess of 200 different drug laws were now combined under a single federal statute instead. The CSA is perhaps most well-known among law enforcement, prosecutors and judges for the way it classifies different types of drugs into five different categories, each of which is known as a "Schedule".

Drugs belonging to the category known as Schedule 1 are believed to be devoid of any medicinal properties. Instead, they are believed to be so potentially harmful that those who consume them could either experience life-threatening injury or die as a result of taking them.

Can you turn around or refuse field testing at a DUI checkpoint?

You may have played out in your mind what would happen if you came across a driving under the influence (DUI) checkpoint one of those nights after you'd consumed a few too many drinks. You may have even wondered what would happen if you came up to one and decided to either turn around or to refuse a breath test.

As for whether you're required by law to actually proceed through a checkpoint if you come up on one, most jurisdiction's laws would support the fact that you don't have to.

You shouldn't always trust your breath test results

A standard threshold for determining whether a driver is too intoxicated to safely operate a vehicle in the United States is if their blood alcohol content level (BAC) is at .08 percent or higher.

While taking an individual's blood is the most reliable way to get an accurate read of a driver's BAC, it requires a driver to be taken to the hospital to do it.

107 Roanoke Street
P.O. Box 6126
Christiansburg, VA 24073
Phone: 540-251-1943
Fax: 540-260-3414
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