Blogs from April, 2017

We have all seen red light cameras posted at the busiest intersections of just about every city and town in Virginia. So common are these cameras that if you have never been photographed by one yourself, you most likely know someone who has been.

From the very beginning, the purpose and prominence of these red light cameras was controversial. Some people felt they were an invasion of privacy, and more still thought it was unjust to allow an automated system to more or less dole out criminal punishment. How do these cameras work, and why might it be a problem?

Whenever someone allegedly rolls through a red light illegally, a posted camera will snap a shot of the license plate, the car’s body, and the driver within, create a file, and send it off to the police station. An officer there is meant to review the files and approve the ones that seem valid. Only, with uncounted pictures snapped each day, the concern is that an unreasonable amount of pictures are being approved, each one generating an automatically mailed citation to the home of the driver.

Other legitimacy issues arise when considering that a camera does not have the ability to use judgemental discretion and is prone to mechanical and programming errors. That is to say, it could easily take a picture when someone is driving legally through a yellow or green light. In most cases, the pictures are framed in such a way that it becomes impossible to tell if the traffic light was actually red for that driver. With this in mind, there is a chance that anyone could receive a citation in the mail despite never actually running a red light.

No Police Officer, No Crime?

Within Virginia’s legal statutes regarding red light camera tickets, there is an interesting provision, which states that the law “ultimately requires a personal notification.” What does this mean and why is it important?

Red Light Camera Ticket Rules

In effect, the law states that a mailed citation generated by a red light traffic ticket might not be legally binding due to the lack of personal notification from a police officer or service processor.

However, you should never make the assumption that a mailed citation can be ignored. Instead, talk with a criminal defense attorney about the citation and go from there. If you have questions about red light traffic citation or another ticket for a serious traffic-related infraction, contact our lawyers at The Law Offices of Daniel J Miller to explore your options.

It is not altogether uncommon for a judge to reach for maximum allowable sentencing options when penalizing someone convicted of a drug crime conviction in Virginia. The state is notorious for attempting to crack down on drug use, distribution, and sale, and overzealous prosecutions and sentencing is part of its routine. Penalties only escalate when the alleged drug crimes involve minors, such as selling drugs to a minor.

Predicting exactly how much greater a drug crime’s penalties will be if a minor is involved is difficult, as it is sometimes up to a judge’s discretion. In many cases, the crime will escalate at least one category level. For example, if a drug distribution crime would have been considered a Class 3 misdemeanor under normal circumstances, it could become a Class 2 misdemeanor if the illicit substances were given to a youth. The penalties upon conviction will be escalated to reflect this Class increase, typically resulting in higher fines and longer jail time. Of course, certain drugs will also bring about steeper penalties based on its Schedule.

Penalties for drug crimes often include:

• Hefty fines, ranging well into the thousands
• Lengthy jail sentences, often including at least one year
• Mandatory rehabilitation courses or therapy
• Hours of community service
• Probation if jail sentence is avoided or shortened

Proximity to Minors is Problematic

Some people are accused of and charged with drug crimes involving minors without ever having any direct interaction with a minor. This strange situation occurs when someone has allegedly distributed or possessed drugs while near a school zone. Depending on the alleged crime, a school zone could trigger an escalated charge involving minors if the persons were standing within 500 to 1,000 feet of a school.

No matter the details behind a drug crimes involving minors crime, it can always be contested. How you contest it, however, will be up to you. Rather than trying to take on the system by yourself and protect your good name, you should team up with a Virginia Beach criminal defense attorney from The Law Offices of Daniel J Miller. We have over 25 years of total legal experience to put to good use when crafting your defense. Our ultimate goal is the dismissal or reduction of your charges, or a not guilty verdict.

Call (757) 267-4949">(757) 267-4949 to schedule your own free consultation today.

A single driving under the influence (DUI) conviction in Virginia can be enough to strip you of your driving privileges, as well as put you behind bars and remove thousands from your finances in fines paid to the state. Needless to say, it is crucial that you always do what you can to protect yourself from the heavy, and often overzealous, hand of the law. A good starting point in any criminal defense case is retaining the services of a professional defense attorney. But where do you start with that task? Picking a reliable DUI attorney can be a challenge in and of itself, unless you know a few smart tips.

When you are looking for a DUI defense lawyer, keep these considerations in mind:

• Experience: There is no substitute for real experience handling DUI defense cases. An attorney can read all the books in the world about DUI defense but know less than a newcomer who has actually managed just one for a client. Try to find a lawyer who has both many years of legal experience and a history of DUI cases successfully handled.
• Focus: While you are looking a Virginia DUI defense lawyer, you are bound to come across many law firms that handle criminal defense cases as well as family law, immigration law, personal injury claims, and all other types of practice fields. This might be a fair way to run a law firm but it is not ideal for someone who needs just a DUI attorney. Finding a legal professional that intentionally focuses on criminal defense and that’s it will prove to be your benefit.
• Communication: Don’t you hate it when friends and family keep you out of the loop for plans, hangouts, and the like? It happens to all of us, but it certainly should not happen when considering something as important as your rights and driving privilege. Only work with a lawyer that will actually makes an effort to keep you in the loop as your case pans out.
• Reputation: A lawyer who knows what they are doing will catch the attention and collect the praise of past clients and professional organizations. If you can browse a DUI attorney’s awards and client testimonials, this will give a good idea about their abilities.
• Cost: At some point, you are going to need to consider if you are getting a good value for your dollar when hiring a DUI defense attorney. Some law firms charge a clearly exorbitant amount, and others ask for payment that is suspiciously low, which could be a reflection of their confidence and ability to win a case. Reasonable legal fees worked to benefit the client are a trusted sign of dependable service.

At The Law Offices of Daniel J Miller, we believe that our firm’s lawyers should be your first choice of representation due to the fact that they excel in all the above categories and more. With over 25 years of legal experience under their belts, our attorneys have an impressive history of positive case results backed by 5-star client testimonials. We strive to be highly responsive when working with our clients, returning all calls within a reasonable amount of time and keeping our clients up-to-date with all changes in their case as it progresses. We are also known for providing competitive pricing for our legal services, friendly discounts for military service members, and accept all major credit cards for client convenience.

Let’s start discussing your case during a free consultation. Call (757) 267-4949">(757) 267-4949 or use an online contact form today.

After most any sex crimes conviction in Virginia, the convicted will be ordered to register as a sex offender for a predetermined amount of time. Lesser crimes may require registration for several years or a decade, but more severe crimes could require lifetime registration that is completed each year.

Regardless of how long registration is mandated, failing to register as ordered by the court can bring its own set of serious penalties.

In many situations, the first time a person fails to meet sex offender registration requirements, it is considered a Class 1 misdemeanor. Convictions for misdemeanors of this category can include a yearlong jail sentence and a fine of $2,500.

Any subsequent failure to register will be considered a Class 6 felony that could be punished by the same fine but a five-year prison sentence. Failing to register the first time if convicted of a serious sex crime, such as sexual assault or child pornography possession, is also considered a Class 6 felony.

It will be a Class 5 felony if you fail to register more than once after a conviction of a serious sex crime; Class 5 felonies can be penalized with 10 years behind bars.

Two-Tier Sex Offender Approach

Virginia uses a two-tier approach: violent and nonviolent offenses. The violent tier refers to those who are convicted of a “sexually violent offense” or murder if the murder victim was under 15 years of age or was under 18 and the murder was related to a sexual offense.

The nonviolent tier refers to those convicted of any registerable sex crime that is considered not a sexually violent crime or manslaughter, if the death occurred due to contributing to the delinquency of a child, or the abuse and neglect of a child.

Taking the Initiative to Clear Your Name

Registering to a criminal sex offender list is a frustration. Some people with busy schedules and distractions may understandably miss a registration date. Matters become all the more troublesome if registration must be completed more than once a year and for the rest of the convicted individual’s life.

If you are in such a situation, the right choice might be exploring the possibility of having your name removed from the registry, or reducing how often you need to registry.

How to Be Removed from the Sex Offender Registry

In Virginia, a court will usually only consider removing your name from the sex offender registry after you have already registered for a total of 15 years without incident. 15 years is quite a long time but may not be nearly as long as a lifetime requirement.

To request a more lenient registration schedule, you need to complete three years of registration without incident.

In addition to meeting duration requirements, you may also need to:

• Finish any counseling mandated by your sentencing
• Pass psychological examinations
• Pay in full any court-ordered restitution
• Prove you are not a “public safety threat”

The Law Offices of Daniel J Miller and our attorneys are here to help you understand your sex offender registration requirements, petition to be removed from the list, or defend your rights if you are accused of missing a registration date.

Contact our firm today to set up a free initial consultation with our team.