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Underage Possession of Alcohol

In Virginia, if you're charged with underage possession of alcohol, you may be eligible to have the charge dismissed. Virginia has a first offender program that allows a charge of underage possession of alcohol to be dismissed if you complete alcohol counseling and community service.

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Public Intoxication

Va. Code § 18.2-388 makes it a crime to appear in public while intoxicated. The actual language from the statute is: If any person ... is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.

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Virginia Drug Possession and Distribution Offenses

Virginia law makes it illegal to possess or distribute a controlled substance without a valid prescription. Common drugs classified as a controlled substance include heroin, cocaine, methamphetamine (“meth”), ecstasy, and prescription pills such as oxycodone. Illegal possession of these drugs is a serious felony. The circumstances under which a person can be charged varies greatly.

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Spousal Privilege in Domestic Cases in Virginia

In domestic cases when the police are called and a spouse is charged with a crime, such as domestic assault, one of the most common questions of the accused is whether their spouse can testify against them. This question arises out of what many people understand as spousal privilege, also known as marital privilege and husband-wife privilege.

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Preparing A Post-Conviction Case in Virginia

What Is Post-conviction? Post-conviction is the process that follows a criminal trial and conviction. In includes direct appeals and collateral appeals like Habeas Corpus and Writs of Actual Innocence.

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Federal Appeals Court Reverses Virginia Supreme Court on Ineffective Assistance of Counsel Claim

In a rare move, the U.S. Court of Appeals for the 4th Circuit reversed the Supreme Court of Virginia’s dismissal of a prisoner’s habeas petition claiming ineffective assistance of counsel at his trial. The majority of habeas applications filed by prisoners are dismissed by the courts for a number of reasons.

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Collateral Consequences

When a person is convicted of a crime in Virginia, there are often unexpected collateral consequences that occur as a result. After a misdemeanor or felony conviction, court-ordered criminal penalties are not the only consequences. It is important for you to understand the pot

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Pardons

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.

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Differences Between State and Federal Habeas Corpus

Habeas corpus is available to prisoners challenging their convictions and sentences. State prisoners have the right to petition the state and federal courts for habeas corpus relief. However, there are crucial differences between the state habeas and federal habeas process and the standards governing them that some prisoners filing pro-se often confuse and convolute in their arguments.

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Brady Violations: Police or Prosecutor Misconduct

The term “Brady claim” comes from a landmark U.S. Supreme Court decision in 1963: Brady v. Maryland, 373 U.S. 83. The court held in Brady that the prosecution has a constitutional duty to disclose evidence that is exculpatory to a criminal defendant, or which can be used by the defendant for impeachment purposes.

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