Blogs from January, 2023

The police can hold any violent act against you, even one that is completely justified. In our country, you have the right to defend yourself against a physical attack.

Unfortunately, police often make up their minds without knowing the full story. Imagine they arrive on the scene and find one man standing over the other. The man on the ground has a broken nose, and the upright man has a bloody fist. The cops assume that one is the offender, and the other is the victim, and they make an arrest.

Here is a broad overview of how self-defense pleas work in court. The knowledge can help if an act of self-defense results in an assault and/or battery charge.

Qualifications for Justified Self-Defense

The law requires four basic standards for self-defense.

1. You Believe You Are in Danger

Imagine it is night, and you are out on the town. You’re walking through an empty side alley, and you see someone running at you from the other side. They are waving a heavy object and yelling, “I’m going to get you!”

In a situation like this, you have the right to defend yourself. It is reasonable to assume that you are in danger. Even if you find out later that this person meant to attack someone behind you, self-defense is justified at the moment.

2. The Danger is Immediate

Self-defense pleas work only when the danger is happening at the moment. You cannot, for instance, hunt down someone who has been harassing you and attack them.

3. Failure to Act Would Result in Bodily Harm

You would, for instance, have a difficult time claiming self-defense if you punch someone who glitter-bombed you.

4. The Act of Self-Defense Must Be Proportionate

If someone slaps you, you may be justified in slapping them back. A punch may call for a return punch. You cannot, however, go overboard with your response. For example, you cannot beat someone senseless after they scratch your cheek.

Other Self-Defense Scenarios

Stand Your Ground

In Virginia, you are not required to run from an attack. You can stand and fight back.

Defense of Others

You are allowed to step in when you see another person being attacked. In this situation, you legally take the role of the victim, as outlined above.

Self-Defense Against Authorities

If police use unnecessary force, you can legally fight back. This scenario is difficult to prove in court, and you will need the help of a good attorney.

The Castle Doctrine

In this situation, you can keep an attacker from entering your home or even your car. You don’t need to be under immediate threat, but you must believe that the other person means you harm.

In all the above situations, the four qualifications explained above still apply.

If your act of self-defense has resulted in unfair battery allegations, contact The Law Offices of Daniel J. Miller for help. We can investigate your case and help reveal the truth. For a free consultation, contact us online or call us at (757) 267-4949.

From a certain point of view, drug possession is an odd crime. It doesn’t accuse someone of selling, manufacturing, or distributing drugs. Instead, it punishes them for simply having it.

A crime like this is particularly hard on a minor. Kids can easily fall into the wrong crowd. An otherwise law-abiding minor can easily be surrounded by others who are up to no good, and they get accused of participating in the same illegal activity.

Here is a broad overview of juvenile drug possession laws in Virginia along with some defenses if your child is accused.

Virginia’s Penalties for Drug Possession by a Minor

It is unlikely for the state to incarcerate a minor over drug possession charges. Typically, they will face fines of up to $500. They may be forced to serve probation, and they will probably perform community service.

If the court believes the minor has an addiction problem, it could order them to attend rehab or take drug education courses.

The good news is this: Juvenile justice is generally focused on rehabilitation. The law wants to keep “troubled” kids from continuing their behavior, and it tries to help them reintegrate into society. To that end, it tries to work with kids to reeducate them. Virginia has even passed laws that keep non-violent minor offenders from being tried as adults.

Defenses Against Juvenile Drug Possession

Even the penalties above can affect a child. It can slow down their schooling, and it can harm their reputations. Once a child is branded as a “bad kid,” they can accept that label and continue along a destructive path.

Regardless of whether the penalties are mild or severe, your child deserves a defense against any criminal allegation. Even as children, they have this right as Americans. They have a right to an attorney, too.

Here are some defenses you can discuss with your lawyer.

Lack of Knowledge

Kids constantly borrow things from one another, from a jacket to a car. It’s easy for a minor to have someone else’s property, and within that property, there is a controlled substance. This situation applies even if that item in question is another child’s legal, prescription drug. If your child was unaware that they were even carrying drugs, they should not be punished.

Lack of Possession

A minor doesn’t necessarily own a drug just because they are near a drug. Imagine the police break up a party, and there are illicit drugs in the middle of the room. They could essentially accuse anyone of possession, even if that kid just walked in the door. Your child should not be accused of owning something that didn’t belong to them in the first place.

Duress

Kids who regularly break the law aren’t much different from adults who do the same. They often use innocent people to carry out their wishes. If your child was bullied into carrying drugs, you can explain to the court that they were operating under duress.

Improper Police Procedure

It’s easy for the police to bully and intimidate people, especially children. Make sure your child tells your attorney every detail of their interactions with the authorities. If your lawyer finds evidence of intimidation, improper searching, forced confessions, entrapment, and so on, the case could be thrown out in court.

The Law Offices of Daniel J. Miller cares about helping kids stay out of the justice system. If your child has been accused of a crime, reach out to us today for help. You can call us at (757) 267-4949 or contact us online.