This is kind of a trick question unfortunately, but a lot of people have confusion about what happens at arraignment in Virginia. People see on TV such as, Law & Order where a defendant is being arraigned and he enters a plea to the charge. In Virginia for a misdemeanor, that’s not the normal process. […]

In Virginia, if you’re accused of committing a misdemeanor the police need to prove a couple of different things in order to try to arrest you for that. They have to prove that a misdemeanor was committed in their presence and then they can arrest you on the spot without a warning. In many cases, […]

Virginia law prohibits carrying a concealed weapon unless you have a permit to do so. So what about carrying a handgun inside a box of some sort in your vehicle? Is that against the law? A lot of people end up charged with this offense. Let’s say you’re pulled over for speeding, for some reason […]

Perhaps. Virginia law says that you cannot possess marijuana. What exactly does possession mean and how much do they have to have to prove the case? That’s really what this type of scenario involves. In many cases if people are in a room smoking marijuana there’s going to be obviously some amount of marijuana. They’re […]

In Virginia if you are arrested for suspicion of DUI the law requires that you consent to a breath or a blood test to determine the alcohol content of your blood. If you refuse, you will be charged with an offense for refusal. However, what happens if you refuse? Can the officer still get your […]

If you are accused of possession of marijuana in Virginia, the Commonwealth must prove beyond a reasonable doubt that you are in possession of marijuana. It sounds simple, but it can be a little bit complicated. The first word really in the statute that matters is possession. What is possession of marijuana? The basic rule […]

Virginia law requires that for a search warrant the officer must file a return showing whatever was seized with the circuit court within three days after the actual search habits. The question then becomes, what is the remedy if the search warrant return is not filed within those three days? Unfortunately nothing. Virginia law holds […]

Yes. Virginia law requires that if it’s raining and windshield wipers need to be used, then headlights must also be illuminated. Note that there are a couple important exceptions to this rule. First of all, if it’s just misting and windshield wipers only need to be used intermittently, the statute specifically says you don’t have […]

If you’re charged with a second offense DWI / DUI in Virginia, the Commonwealth has the burden of proving the prior offense. If that prior DUI is from Maryland, the Commonwealth will also have to prove that it is “substantially similar” to a Virginia DUI. This is a critical issue that could make a big […]

I talk with lots of people who are charged with a more serious offense, such as Virginia DUI or Virginia possession of marijuana, and one questions people have is whether or not they need to have counsel for their arraignment in court. The general answer is no, you do not need to have an attorney […]