Blogs from 2016

For criminal defense attorneys, it’s a well-known tactic to argue for or accept a lesser charge in exchange for dropping a harsher one.

It’s a common enough occurrence that even first-time defendants might recognize the scenario: a prosecutor will try a case for a person accused of driving under the influence, but cannot prove beyond a reasonable doubt that the defendant was intoxicated. Thus, the defense is in a strong position to lower the charge to reckless driving.

However, Virginia law doesn’t just see reckless driving as a “lesser version” of DUI. It is a separate and distinct crime from DUI, enough that Virginia law stipulates that if a person is charged with both reckless driving and DUI, the court can only convict one charge and dismiss the other (§ 19.2-294.1).

Then What Is Reckless Driving?

So what’s the distinction between the two? Virginia’s general reckless driving rule says the following:

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

Fairly self-explanatory—to be found guilty of reckless driving, it must be proven that you were driving in a way that put other people or property at risk. It’s easy to see how reckless driving could be folded into DUI as a lesser charge. The assumption of any DUI law, after all, is that driving while drunk puts other people at greater risk.

However, there are other reckless driving statutes that are more specific:

• Poor brakes
• Passing on a curved road
• Passing two vehicles at a time
• Passing a stopped school bus
• Failing to signal
• Driving 20 mph over the speed limit
• Racing

Because these more specific, Virginia law allows these charges to be added onto a DUI charge. That means added fines, added jail time, and added convictions on your criminal record.

If you’ve been arrested for drunk driving, you need a defense attorney who understands the ins and outs of Virginia courts, who knows how to fight for the best possible result. For 18 years, the Law Offices of Daniel J. Miller have successfully fought for acquittals, dismissals, and reduced charges.

You can entrust your case to us. Call (757) 267-4949">(757) 267-4949 for a free consultation now.

The Unfortunate Truth

Many accused or even convicted of a DUI in Virginia Beach wonder if there is ever a chance that the conviction could be lifted from their record. There a number of reasons one might desire this: easier processes of applying for jobs, especially in the field of education. Dozens of states allow this, if a good enough case is made and the individual convicted of the DUI has not since ran into any legal trouble over the course of a significant amount of time.

Virginia, however, is much stricter on DUI expungement than most other states. In Virginia, especially for a DUI, an expungement and seal of a criminal record is usually only attainable when the individual was found not guilty of the DUI, or the charge was dropped altogether.

This is great news for someone who has been accused of a DUI but had the charges dropped, because this means that the arrest and entire incident can be eliminated from his or her record, and no future background inspections will uncover it. In contrast, this may be disappointing for an individual who has been found guilty by a court of law for driving under the influence and simply would like the consequences of the DUI to discontinue. These policies, however, are not set in stone and can be beaten. Because every case is different, we suggest you still contact the Law Offices of Daniel J. Miller for a free consultation to see if your case is eligible for expungement.

Experienced and Dedicated Legal Defense

If there is anything we have learned from our firm’s over 25 years of experience, it is that with a strong case and determination, the harsh court system can be appealed and beaten. We advocate for our clients the way we would advocate for our own families, and if there is any way in which our firm could free you from the burdens of your past convictions, we want to focus our efforts toward that goal. Contact our offices today to learn more about how our expungement services can benefit you.

With the popularity of crime shows like Law & Order, CSI, Criminal Minds, you would think people would understand their rights when encountering the police. The truth is, many Americans don’t understand their rights when interacting with police. Even if you have never been arrested or in trouble with the law, knowing your rights is essential as you navigate through life. In this blog, our Virginia Beach criminal attorney outlines an easy to follow guide on what not to do if you’re arrested.

Never Run Away from Police

If you encounter the police in a situation where they plan to arrest you, you should never run away. Police training teaches if you are running way, you may have a weapon. This practice could lead them to be quicker to draw their guns. Additionally, police will make note that you tried to run away in their report, and a prosecuting attorney could argue to a jury that you were running away because you knew you were guilty of something.

Don’t Fight Back or Resist Arrest

Resisting arrest could wind up with more charges against you. If you resist arrest and end up harming a police officer, you could be accused of assaulting a police officer, which is a Class 6 felony. In addition to more severe charges, police may think you are guilty if you are resisting. To prevent further damage, do your best to comply with all commands from the arresting officer until you can speak with an attorney.

Don’t Talk to the Police

While you are being arrested, the officer is required to read your Miranda Rights to you. The Miranda Warning was designed to prevent those arrested from incriminating themselves. When the police read you your Miranda Rights, they should say the phrase, “You have the right to remain silent, anything you say can and will be used against you in a court of law.” Remember those words during your arrest! It is true the police will try to extract information from you during your arrest, but politely let them know you wish to wait until an experienced lawyer is with you before speaking to them.

Don’t Sign Anything

The police may pressure you to sign documents regarding your arrest, but you are not under any legal obligation to sign anything until your lawyer is available to advise you.

Don’t Argue With Police

Remember it is in the best interest of the police to get you to talk and they will use whatever legal methods they can to get you to do so. One strategy police may use to get you to talk is to tell you things that may upset you. If this begins happening, do your best to ignore their tactics and wait for your attorney to arrive.

Don’t Forget to Hire an Attorney

While we understand how stressful the process of arrest can be, we cannot emphasize enough how important hiring a skilled attorney is to your future. At The Law Offices of Daniel J Miller, we can prove you a personal, comprehensive legal plan to get your back on the right track.

Call to schedule your free consultation.

On Thursday, the Drug Enforcement Administration (DEA) declares that marijuana will continue to be classified as a Schedule I controlled substance, which means it has “no currently accepted medical use and a high potential for abuse.” On the federal level, the narcotic is would still be categorized in the same way as heroin and cocaine.

The announcement is in response to two recent petitions asking the agency to reclassify marijuana to a lower drug category for the benefit of scientific research. The decision was determined by a “scientific and medical evaluation” orchestrated by the U.S. Food and Drug Administration (FDA) upon the DEA’s request.

At the same time, the DEA also announced a new policy targeted to increasing the supply of marijuana available for researches. Since 1968, the U.S. only relied on the substance produced by the University of Mississippi, which is funded by a contract from the National Institute on Drug Abuse, to support federally-funded research. Now, more universities will be eligible to grow marijuana for research.

"The DEA and the FDA continue to believe that scientifically valid and well-controlled clinical trials conduct under the investigational new drug (IND) applications are the most appropriative way to conduct research on the medical uses of marijuana,” said a statement from the DEA.

At least 25 states and the District of Columbia have approved the use of marijuana for medical purposes. The federal government has adopted a practice of not prosecuting those who use marijuana based on their home-state laws.

For more information about the marijuana laws in Virginia, contact The Law Offices of Daniel J. Miller and speak with a Virginia Beach criminal defense attorney today.

Plea bargains offer defendants a chance to accept a lesser sentence have their charges dropped, in exchange for another deal with the prosecution. Prosecutors are usually the first to offer to a plea bargain, with the options to have the defendant enter a guilty plea for a less severe charge, enter a plea of no contest, or ask the judge to recommend another sentence to the judge.

When Are Plea Bargains Offered?

Most of the time, the defendant accept a plea bargain at any time—from the moment of arrest to the middle of the trial, if there the case reaches trial. If you are the defendant, you do not have to make this decision on your own; your Virginia Beach criminal defense attorney can help weigh the options for you.

These are some of the advantages of choosing a plea bargain:

• Your criminal record remains shows a much lesser offense
• Your sentence is less harsh than if you were to take the case all the way through to trial
• The case can be resolved much more quickly
• You do not need to bring the case to trial, which can preserve your good name and reputation

If the defendant chooses not to accept the plea bargain, then he or she cannot ask for that same deal again if the sentencing renders a more severe penalty. So, there is an inherent risk of opting out or not, depending on how the trial plays out and the various other circumstances involved. Your attorney has the responsibility of informing you about your legal rights and what may happen if you choose to waive your rights.

Hire an Attorney Today!

Understandably, you might have some worries about whether or not the prosecution will back out on the plea bargain. How can you be sure? You have the right to ask for reprieve and even obtain court orders to make sure that prosecutors are complying with the plea bargain. Our lawyer can help build a compelling defense in your favor and advise you on whether or not a plea bargain is wise for your situation.

Get committed, passionate, and zealous legal representation now from The Law Offices of Daniel J. Miller. Call today and request a free case consultation.