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Virginia's New Good Time Credit Law The General Assembly passed a groundbreaking piece of criminal justice reform legislation during the 2020 Special Session, which Gov. Ralph Northam signed into law. The legislation, HB 5148, amends Va. Code § 53.1-203.3 to increase the amount of good time an i...

Sometimes people are be charged with committing a crime, even if they do not actually perpetrate the actual crime. It sounds strange, but if you assist or encourage someone to commit a crime, you can be charged with the same crime as the person who actually commits the crime. Unfortunately, many criminal defendants think because they were not the one who actually committed the offense that they are not guilty of a crime. But this is not always the case.

One of the most important decisions that an accused must make is whether to have a jury trial or trial by judge. Going to trial by jury means that the prosecution must convince twelve jurors that you are guilty beyond a reasonable doubt, whereas if you go to trial by judge, the prosecution only has to convince the judge.

The opioid epidemic has claimed many lives. Many lives have been lost because people feared being arrested and prosecuted for certain drug offenses if they sought medical help for themselves or someone else suffering an overdose. In 2015, Virginia enacted the Safe Overdose Reporting Law, which attempted to address this issue. The law is codified under Virginia Code § 18.2-251.03 and provides a shield against arrest and prosecution for certain people who seek or obtain overdose emergency medical attention. The purpose of the law is to encourage people to seek help without the fear of being punished.

The Virginia Constitution, Art. V, Sec. 12, and the Virginia Code § 53.1-229, vest the Governor with the power to commute a death sentence and to grant pardons or reprieves, and this power is absolute. This means that once the court process is over, only the Governor has the power to alter your conviction. Nobody can reverse his decision. However, the Governor is not likely to substitute his judgment for that of the court in most cases. Only in cases of extraordinary circumstances can you expect the Governor to act.

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. Contact Bryan J. Jones, LLC to find out if you are eligible to have your firearm rights restored.

You have rights when you're being questioned by the police. It's important to understand them so that you are protected.

In March, Governor Northam issued stay-at-home orders for most residents of Virginia. Couples and families are used to spending some time apart, like going to work or school, hanging out with friends, or out-of-town trips. Now, with so many people spending the majority of their time in the home, ...

Governor Northam issued stay-at-home orders for most residents of Virginia. The temporary order was issued on March 30, 2020, and is to remain in effect until June 10, 2020, subject to change. This will keep many people at home over the next weeks and may lead to a change in daily habits, includi...

Drug court began as a way to provide treatment to people with substance abuse problems as an alternative to incarceration. Individuals in Charlottesville, Albemarle, and Fluvanna are fortunate to have a drug court, which many other counties in Virginia lack. Drug court can be a good option if you...

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, it's a crime to threaten someone with d...

Sending suggestive pictures or explicit images to another person via the internet or digital devices, like your cellphone, is known as sexting. Sexting, generally speaking, is not an illegal act in Virginia. It can be considered a sex crime, though, when certain conditions or circumstances are pr...

DUIs are crimes committed by people just like you and me. We are lawyers, janitors, teachers, doctors, police officers, sales clerks, and many more. For first-time offenders, a DUI can mean jail time, but it depends on the facts and circumstances surrounding the DUI event, any plea deal, the judg...

The right to own and use a firearm is a Constitutional right. Gun owners throughout Virginia have been vigorously advocating their rights, too. They believe in the Second Amendment and are voicing their concerns over a rising movement to regulate gun ownership more thoroughly. But for gun owners...

Recently in Denver, Colorado, a double standard involving police and DUI arrests was uncovered and reported on. It's not a surprising fact that police can be biased, especially in cases of DUI arrests, but in this specific circumstance, the double standard could not be any clearer.  So, though th...

It's Thanksgiving time, and with that comes the big Thanksgiving celebrations and dinners complete with alcoholic beverages. And from house to house, a person may bring a bottle of whiskey or wine – they may even bring an open bottle because in Virginia, under certain conditions, you can carry op...

So now you don't have to take our word for it, but you can take it from the New York Times as well: breath tests don't work; breathalyzers produce bad results; breathalyzers are, in essence, a scam that can cause innocent people to suffer the consequences of a DUI conviction. On November 3, 2019...

It's late. You had a few drinks. You feel fine. You say goodbye to your colleagues in Charlottesville and head home. Little do you know a cop across the street had been waiting for the next person to leave the bar. You get into your vehicle and pull up to the traffic light, and on the red light, ...

Driving while under the influence of drugs in the Commonwealth of Virginia is illegal, and this includes the use of the drug commonly referred to as "ecstasy." When driving under the influence of this kind of drug, a person can be stopped and arrested for DUI. What is Ecstasy? Ecstasy is a man-...

Halloween isn't just for kids. Many adults enjoy this time of year. While kids are going door to door for their treats, many adults enjoy getting dressed up as vampires and celebrities to attend adult parties. Alcohol is often a treat as these parties. So, it goes without saying: be safe and don'...

The Virginia General Assembly passed in early September 2019 House Bill (HB) 1941. This bill, named Driving while intoxicated or operating watercraft while intoxicated; maiming, etc., of another (DUI Maiming), will make penalties more severe for persons charged and convicted under it. The bill wi...

Like all of us, police make mistakes, and these mistakes are especially common to DUI investigations in Virginia. The police have already made up their minds at first glance that you are driving under the influence (DUI) of alcohol or drugs. They are anxious to make an arrest. And through their a...

So, you were pulled over for a DUI in Charlottesville. Maybe you didn't hire an attorney or didn't vet an attorney thoroughly enough, and now you have been convicted of your first, second, or subsequent Virginia DUI. A conviction means driver's license suspension for at least one year – the leng...

When a police officer pulls you over in Virginia, whether it's day or night, it's often for a violation of a traffic offense. Sometimes this simple traffic stop can turn into something much worse, like an arrest for a DUI. This often happens when the officer smells alcohol in the vehicle or on yo...

It's summer. It's hot outside. Inside, you had one too many alcoholic beverages. Upon getting in your vehicle in the parking lot, you decide to close your eyes for a minute – to wait out the alcohol. As the night progresses and the parking lot empties, the police find your vehicle still parked. T...