Blogs from 2013

More often than not, clients who are falsely accused of domestic violence are dealing with a party who is motivated to fabricate. These motivations include but are not limited to:

• Wanting to get an advantage in a pending or soon to be pending divorce or custody case
• Wanting revenge
• Simply the desire by the other party to get the upper hand in case where in fact they were the primary aggressor

Generally speaking these trials are multifaceted and often times present on a he said she said basis. It is imperative from the outset that you retain counsel and are able to provide to them with documentary evidence that will support your side of the case.

By this I mean that you should:

• Memorialize in great detail the sequence of events in writing
• That you take pictures of any injuries sustained
• Provide your attorney with a list of witnesses that were present at the time of the event.

Too often I hear potential clients tell me that they are not worried about the charges since there is no truth to it and that the Court will be able to see who is telling the truth and who is lying. Unfortunately, this is not the case. The Judge hearing your case does not have a crystal ball and will have to make a decision hearing the facts in evidence. Virginia, unlike some states, does not require physical evidence to substantiate a claim of domestic violence and individuals can be found guilty merely on the testimony of the complaining witness.

Protect Your Future. Retain Experienced Legal Representation Today.

If you’ve been accused of domestic violence, it’s imperative that you reach out to a qualified attorney as soon as possible. Charges of domestic violence are taken very seriously in Virginia, and the legal consequences can have a detrimental impact on all facets of your life. At The Law Offices of Daniel J. Miller, our attorney can represent your interests and explain the laws associated with protective orders. We can also help if you’ve been wrongfully accused of violating a protective order. When your future is on the line, don’t hesitate to give our firm a call!

It is imperative that you retain competent counsel to represent your interests in this realm. Please call our office at (757) 267-4949">(757) 267-4949 if you would like to schedule an in or out of office free consultation.

We have additional information regarding defense of domestic violence charges on our blog.

Police have a lot of power when investigating alleged criminal activity. If they suspect an individual may be involved in the distribution of illegal drugs, they will often conduct extensive investigations into the suspect. Despite these powers, police must still adhere to the rights afforded to citizens in the U.S. Constitution, specifically protections against searches and seizures that would violate the Fourth Amendment.

Dogs Being Used to Establish Probable Cause

A recent Supreme Court case addressed the use of drug-detecting dogs to establish probable cause to search a vehicle in a Florida traffic stop. After the officer pulled a motorist over, the man was observed demonstrating signs that were consistent with drug use. The officer asked the man for permission to search his vehicle, which was refused.

The officer then led a drug-detecting dog around the truck to see if the dog alerted to the presence of any drugs. The dog indicated on the vehicle's door handle, a place where drug residue is frequently found. Based upon this hit, the man's vehicle was searched, and drugs were found.

The man was charged with several drug crimes, but the lower courts ruled that the dog's alert was not enough to give the officer probable cause to search the man's vehicle. They had ruled that the officer needed to establish a success rate in order to rely upon its indications.

In this case, the officer did not record evidence of the dog's failed alerts. The officer only recorded instances where the dog alerted, and then a subsequent arrest for a drug crime was made.

The defense had argued that police should not be relying on these dogs to supply the probable cause necessary to search a motorist's vehicle, as officers could give the dog subtle clues in an effort to get the dog to indicate drugs are present.

The Court's Ruling

However, the Court disagreed with this logic, stating that if one of these dogs had received the proper training, that alerts could be used to establish the probable cause necessary to perform the search. The dog in this case had received sufficient training, so the Court concluded that the alert was valid.

This ruling could drastically impact the number of individuals being charged with drug crimes. If officers suspect that drugs may be present, they may bring these dogs to the scene simply to see if they find anything.

Get in Touch with The Law Offices of Daniel J. Miller

These are cases with very serious consequences. If you find yourself facing drug charges, speak to an experienced Virginia Beach criminal defense attorney about your options. You need to know what you can do to present a strong defense to these accusations.

A conviction may jeopardize several aspects of your life, including your ability to work in certain professions. The penalties will only increase for additional criminal convictions, so pleading guilty will not necessarily allow you to put the case behind you quickly.

Receive the aggressive defense you need by calling The Law Offices of Daniel J. Miller - free consultation!

In May 2010, University of Virginia lacrosse star Yeardley Love was beaten to death by her one-time boyfriend and Virginia lacrosse player George Huguely. Apparently jealous over Yeardley's relationship with another man, Huguely had sent her a threatening e-mail just one week before killing her in her own bedroom. Despite Huguely's threats, Yeardley would not have been eligible for a protective order against him based on Virginia law at the time.

Broadly, a protective order is one issued by a judge that may prohibit someone from threatening, hurting or contacting another person. A protective order is necessary to protect an individual facing a valid threat, but anyone who is the subject of a protective order is in a serious legal situation and should consult a knowledgeable criminal defense lawyer to protect his or her rights.

Until July 1, 2011, Virginia's protective orders were only available to victims on two bases. There must have either been some type of family or household connection, or an arrest warrant must have been issued for a stalking, assault or sexual battery offense. The law provided no option for those being harassed by strangers, neighbors, co-workers or even those in volatile dating relationships, if they fell outside those two categories.

A Needed Change

Ms. Love's untimely death drew national attention to Virginia's narrow law and prompted the state legislature to expand the scope of protective orders, making them available to anyone in fear of any "act of violence, force or threat." Virginia Gov. Bob McDonnell signed the bill into law after unanimous approval from the state's General Assembly.

Virginia law defines an "act of violence, force, or threat" as:

"any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (&18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury."

This broad definition grants greater protections than many other states, allowing nearly anyone to obtain a protective order. However, there are concerns about the Virginia court system's ability to process the number of applications. For example, Fairfax County, Virginia, processed three times more protective requests in 2011 than in 2010.

While most requests are legitimate, some are purely frivolous, which many blame on the statute's broad language.

Three Types of Protective Orders

Virginia law provides for three types of protective orders, which last for varying time durations. Emergency protective orders are available outside of regular courthouse hours and are effective for either 72 hours or until the court is next is session. The request is usually made orally and the person against whom the order is sought need not be present before the judge for the order to issue. However, the order is not effective until that person is personally served with the order.

Preliminary protective orders are made in writing and during regular courthouse hours. A preliminary order is the first step in obtaining a permanent order and requires an allegation of a recent "act of violence, force, or threat" or that an arrest warrant for such behavior has been issued. Like an emergency order, the abuser need not be present for the order to be granted, but it is only valid for approximately 15 days, when a full court hearing is set to decide if a permanent order is appropriate.

The Virginia judicial system has tried to simplify and expedite the application process by creating the free I-Can program, which is an online system to help petitioners obtain preliminary protective orders. The website provides guidance as to which Juvenile and Domestic Relations Court (for situations involving juveniles, or family or household members) or General District Court (for all other situations) the petitioner should file the application, along with the necessary forms.

A judge will weigh the allegations and the evidence at the full court hearing to decide if he or she will issue a permanent protective order. The person against whom the order is being sought must be personally served notice of this hearing and he or she must be present to allow him or her to contest the allegations. A permanent order can last as long as two years and can be extended for an additional two years if the court finds it necessary.

Family Abuse Protective Orders

In a domestic-violence situation, a court can issue a "family abuse" protective order. While any protective order can prohibit contact of any kind, additional threats and acts of violence, as well as any other necessary conditions, family abuse orders can go further by requiring an abuser to do the following:

• Maintain utility services for the home
• Provide appropriate alternative housing
• Allow temporary use of a jointly owned vehicle
• Participate in treatment and counseling
• Provide appropriate child support
• Consider parent-child visitation issues
• Address any other necessary matter

While Yeardley Love's death was a horrible and unnecessary tragedy, the silver lining is that Virginia law now provides greater protection to those facing acts of "violence, force, or threat."

However, if you or a loved one is unfairly the target of a petition for a protective order, contact an attorney to discuss your situation and your options.

On March 7, 2012, Virginia Gov. Bob McDonnell signed a new law providing that as of July 1, people convicted in the commonwealth of driving under the influence for the first time will be required to install ignition-interlock devices on their cars as a condition of regaining driving privileges. The device will be required during the six-month restricted license period that follows a first DUI conviction.

Under existing law, ignition interlocks are only required for repeat DUI offenders and for those who are caught driving while highly intoxicated - with blood alcohol content levels of 0.15 or higher.

Ignition interlocks are like Breathalyzers on wheels: cell phone-sized equipment installed in vehicles controls whether they will start depending on whether the drivers who blow into the devices pass alcohol breath tests first. The devices also require that drivers take "rolling retests" - on-board breath tests at random while driving. If the test is not passed while the car is moving, the horn will sound repeatedly and the headlights will flash to get the attention of law enforcement.

Virginia law sets the BAC level at which a driver fails an ignition-interlock test at anything above 0.02 percent.

Kurt Erickson of the Washington Regional Alcohol Program is quoted widely in the Virginia press as stating that with this new legislation, Virginia joins only 15 other states that require ignition-interlock devices for all people convicted of drunk driving. These states require the devices regardless of BAC levels - the offender could be barely over the legal limit or twice that amount - or whether the offenders face their first convictions or are habitual drunk drivers with multiple convictions.

Virginia legislators were likely motivated in passing the law by commonwealth statistics. The good news is that according to the Virginia Department of Motor Vehicles, the annual numbers of both alcohol-related injuries and fatalities significantly decreased in Virginia from 2004 to 2010 (29 and 20 percent, respectively). However, there were still almost 6,000 alcohol-related injuries and almost 300 deaths in 2010.

Understanding The Bill

Safety advocates have been pushing for this type of law in Virginia for several years, citing its likely deterrent effect. The new legislation started with identical bills introduced in the Virginia House and Senate by Delegate Salvatore Iaquinto, R-Virginia Beach, and Sen. Donald McEachin, D-Henrico, respectively. Both passed and the governor signed the house bill.

Other significant provisions in the new bill include:

• On a second or subsequent DUI, the offender must install interlocks in all of his or her motor vehicles.
• The court may allow a restricted license only for the purpose of driving to and from the interlock installer.
• To avoid delay, someone accused of DUI may choose to prequalify for a device even before conviction.
• An offender has 30 days from the court order to install an interlock device to prove the installation, and failure to do so or comply with monitoring and calibration requirements may result in the court revoking restricted driving privileges.

Some opponents of the new law feel it is too hard on first-time offenders and that costs associated with installation will be a hardship for those with lower incomes.

If you are stopped for or charged with DUI in Virginia, whether you are a resident, tourist, high school or college student, driving for work or any other situation, an experienced criminal defense attorney can help you understand your rights and responsibilities and advise you about how to proceed.

Call The Law Offices of Daniel J. Miller today to schedule your free consultation with our DUI defense firm.