After an arrest for a suspected driving under the influence (DUI) charge in Charlottesville or Albemarle County, there is a certain process that nearly everyone will go through. Whether it is the jail booking process, testing, and the later court dates, each is important to your ultimate defense.
Whether a public defender can be appointed in your case after a DUI arrest depends on a number of different factors, but the primary factor is your financial status at the time of the arrest. Public defenders are typically reserved for those individuals who cannot afford to hire an attorney on their own.
A search occurs when a law enforcement agent searches you or your property (e.g., a home, a vehicle, etc.). A seizure occurs when a law enforcement officer detains you or arrests you. A seizure can also occur when law enforcement takes possession of your property.
When you file a Petition for a Writ of Habeas Corpus you are challenging the legality of criminal convictions based on various types of constitutional claims. In other words, you are arguing that you shouldn't have been convicted because something illegal happened.
In a moment of rage, we sometimes say things we don't quite mean, like: I will kill you! There's a difference, though, in actually saying it and meaning it. Even if you didn't mean it though, you may still find yourself in trouble with the law.
In Virginia, when you are pulled over under the suspicion of driving under the influence of alcohol or drugs, an officer cannot arrest you unless there is probable cause. Reasonable suspicion is enough to pull you over but not enough to arrest you.
The Second Amendment guarantees that "the right of the people to keep and bear Arms, shall not be infringed.” However, one of the serious consequences of being a convicted felon is that you lose your gun rights. It does not matter that it was your first felony or that the felony was a minor one. If you have a felony on your record, it is illegal for you to possess a firearm.
In Virginia, if a charge is dismissed or amended, you can petition a circuit court to have the original charge expunged at any time. The process is straightforward, but you should consider hiring an attorney to help.
The Second Amendment guarantees that "the right of the people to keep and bear Arms, shall not be infringed.” However, one of the serious consequences of being a convicted felon is that you lose your gun rights.
Media has made it clear today that your constitutional rights can be violated during a traffic stop. These violations matter, especially because the police in Charlottesville and Virginia often use traffic stops to commence DUI investigations that lead to arrests.