Juvenile Crimes

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.

Being accused of possessing or viewing child pornography is a horrible experience. It ruins reputations, and the alleged offender can lose their job or even their housing. Furthermore, they may be forced to register as a sexual offender, limiting where they can live. All these consequences can be heaped on someone who never laid a hand on a child.

In this article, we will broadly explore the topic of child pornography allegations, specifically how they relate to Virginia citizens.

4 Ways You Could Be Falsely Accused of Child Pornography

1. Hacking

These days, simply scrolling through the internet is risky. Many websites can attach themselves to your browser, downloading and uploading material without your knowledge. This problem compounds if you visit sites featuring adult material with people engaged in consensual acts.

Furthermore, some unscrupulous actors specifically target people in internet blackmail schemes. They can place files onto your computer without your knowledge and hold you hostage with those files later.

With all this activity, you’re never fully sure of what’s on your computer or phone. It’s important to regularly run virus checks on your computer. These programs can help clean out unwanted files you never asked for, keeping you free from ugly legal problems.

2. Metadata

Metadata is extra information attached to a file. With images and videos, metadata can tell you when the file was created, who created it, where it was created, and so on.

Clever hackers can manipulate this data, creating false origin points. Doing so can implicate people who were never involved in creating or distributing these files.

3. Juvenile Communications

Age of consent laws get fuzzy as people enter adulthood. For instance, some states allow an 18-year-old to be in a consensual relationship with someone a couple years younger. Others draw a hard line at 18.

Virginia is one of these hardline states. Technically, it is unlawful for someone who just turned 18 to be in a sexual relationship with someone just one month younger.

This standard creates a problem when it comes to child pornography. Imagine an 18-year-old who shares sexual images with their 17-year-old boyfriend/girlfriend. The images are completely consensual, and no one is distributing or selling them. Technically, an angry parent could accuse the young adult of child pornography.

4. Misunderstood Images

We live our lives on social media. People post pictures of their children or even create separate profiles just for that purpose.

Completely innocent images could be misinterpreted by overzealous followers. They could accuse you of distributing child pornography, leaving you to wonder how you got into this situation.

Virginia’s Child Pornography Penalties

The state recognizes two different offenses: possession and distribution. Penalties grow more severe with each passing offense.

Possession

A first offense is a Class 6 felony. A guilty sentence can result in up to 5 years in prison and fines up to $2,500.

For a second offense or more, alleged offenders are charged with a Class 5 felony. Punishments include up to 10 years in prison and fines as high as $2,500.

Distribution

Distribution of child pornography is a more severe offense than possession. The law wants to stop the issue at its source, and it assumes that the distributor was somehow involved in creating the material.

A first-time offender faces an “unclassified” felony. If convicted, they could spend up to 20 years in prison. When the crime involves a website that takes in money to view the illicit images, the charge becomes a Class 4 felony, with prison terms of up to 10 years and fines up to $100,000.

If convicted two or more times, the penalties remain mostly the same, except there is a mandatory 5-year prison sentence.

Our firm is here to help defend you from criminal allegations. We will listen to your side of the story, and we will dedicate ourselves to helping preserve your innocent. For a free consultation, call us today at (757) 267-4949 or contact us online.

As we enter yet another school year in an uncertain climate, many parents and children are bound to have difficulty adjusting as they return to classrooms and offices. For children, stress sometimes manifests in fighting with siblings or at school - but what are the consequences? Understanding the intersection between juvenile crimes and fighting at school or with siblings can help you ensure your child stays safe throughout the year.

To schedule a consultation with our team for your juvenile crimes case, contact us online or via phone at (757) 267-4949.

Can Sibling Fighting Result in Domestic Violence Charges?

Let's start with the topic of sibling fighting. To put it simply, yes, sibling fighting can result in one or both siblings receiving domestic violence charges.

While most people think of domestic violence, they imagine a spouse abusing their partner. However, when siblings abuse each other - whether sexually, physically, or verbally - that may also qualify as domestic violence.

In some cases, a parent or sibling may file a domestic violence charge against their child or sibling. Other times, a CPS investigation reveals domestic violence, and the state chooses to file domestic violence charges against the participating parties as a result.

Regardless, the outcome of domestic violence cases involving sibling fighting can vary depending on the details of the case. If one party was principally responsible for the abuse, the survivor/victim of the abuse may be able to obtain a protective order against them. This may result in the abusive sibling needing to leave the house or remain a certain distance from their sibling at all times, among other restrictions. In cases where the parents were aware of the abuse but did nothing to stop it, they may be charged with neglect and lose custody of both siblings, even if the siblings are separated from each other.

Additionally, depending on the severity of the violence, the abusive sibling may be tried as an adult (if 14 years of age or older). To learn more about what factors may cause a juvenile court to transfer the jurisdiction of a juvenile to a circuit court so they can be tried as an adult, read this blog.

The wide range of potential penalties for sibling fighting makes having a reliable domestic violence and juvenile crimes lawyer beneficial to all parties involved in sibling violence cases.

Now, let's look at how fighting at school may impact children.

Can Fighting at School Result in Criminal Charges in VA?

Students who engage in physical violence on school grounds may be charged with assault and battery. Depending on the severity of the case, as with sibling fighting, students who engage in physical violence to a certain degree may be tried as adults. Alternatively, students may be disciplined by their place of education, or receive a sentence from a juvenile court.

The penalties levied toward students who engage in violence on school grounds vary widely depending on the severity of the case. Schools can take the following measures:

• Remove a child from their classroom;
• Present a student with an alternate learning or attendance plan (for example, creating a schedule that ensures two students who fight don't share classes with each other);
• Present a student with incentives for positive behavior;
• Offer mediation services to the fighting students to help them resolve their differences;
• Offer a community service penalty to students in lieu of more serious charges;
• Suspend or expel a student who fights on school grounds if the behavior is a recurring problem or the student harms another individual seriously enough;
• Report the behavior to another authority, such as law enforcement, which may result in assault and battery charges - misdemeanor or felony - against the student(s) involved.

If a student is charged with assault and battery, the penalties they receive can vary depending on whether they are tried as a juvenile or an adult. Individuals tried as adults may receive a jail sentence and/or fine, while individuals tried as a juvenile may need to take certain steps for rehabilitation or receive similar penalties in the juvenile system.

At the Law Offices of Daniel J. Miller, we'll help you seek the best outcome for your child in your juvenile delinquency case. To schedule a consultation, contact us online or via phone at (757) 267-4949.

Whether your child is facing criminal charges or you're simply interested in how juvenile delinquency laws work in Virginia, understanding how courts handle criminal charges for minors can be helpful for parents.

At the Law Offices of Daniel J. Miller, our attorneys are here to help you navigate your juvenile defense case. Contact us online or via phone at (757) 267-4949 for more information.

Can a Minor Be Tried as an Adult?

Yes. In Virginia, minors as young as 14 years of age can be tried as adults.

If a minor commits a criminal act, the manner falls under the jurisdiction of a juvenile court. If a juvenile court has probable cause to believe that a minor 14 years of age or older committed a crime that would be a felony if committed by an adult, the court can transfer jurisdiction of the case over to a circuit court, which can then try the child as an adult.

The court must notify the juvenile, their parents or whatever individual is acting as their guardian or legal custodian, and the juvenile's attorney of the decision to try the child as an adult.

Before transferring the case to the jurisdiction of a circuit court and having a minor tried as an adult, the court must evaluate a wide range of factors, including:

• The competency of the juvenile - in other words, their mental and physical health, and their awareness of their actions. The juvenile must be competent to be tried as an adult;
• Whether remaining in the juvenile system would enhance the juvenile's chances of rehabilitation. If so, the court may choose to keep them in the juvenile system;
• The severity of the crime. The court has a greater chance of transferring jurisdiction to a circuit court if the crime was committed in an aggressive, violent, or premeditated manner. The severity of the crime and who or what it was carried out against also play a role in the case;
• Whether the juvenile has already had the opportunity to be rehabilitated through the juvenile justice system;
• Whether the juvenile has any previous criminal history;
• Whether the juvenile has a condition, such as a mental illness, that could factor into the case, as well as their emotional and physical maturity;
• The juvenile's life prior to the crime, including their academic background.

Having an attorney who understands the ins and outs of the Virginia juvenile system is vital if you want to obtain the best results in your juvenile defense case.

To schedule a consultation with an attorney who will fight fiercely for your child's rights, contact us online or via phone at (757) 267-4949.

Juveniles in Virginia who have been arrested, charged, and convicted of crimes might be under the impression that these offenses will remain on their criminal record for the rest of their lives. However, the state’s criminal justice system provides some relief in giving juveniles an opportunity to most past previous mistakes and crimes.

If you were under 18 years of age when you were convicted of a crime, then you may be able to get your criminal history record expunged. While expungement occurs automatically for some types of violations, there are exceptions for others.

Arrests & Dismissal of Charges

If a juvenile is found not guilty or the proceeding was otherwise dismissed, a juvenile can file a motion with the court for an expungement of those records without having to wait until turning 19 or until five years have passed.

Misdemeanor Convictions

If a juvenile is found guilty in a delinquency proceeding for an offense that would have been a misdemeanor—if committed by an adult—and there is no requirement for the Clerk of the Court to submit an abstract to the Department of Motor Vehicles (DMV), then the case can be expunged. However, a juvenile must first reach 19 years old and wait until five years have passed since the last hearing in the case. Then, on January 2—or some other date designated by the individual court—of the following year will the conviction be expunged.

Can Juvenile Felonies Be Expunged?

If a juvenile is found guilty in a delinquency proceeding for an offense that would have been a felony, the record for the offense are, unfortunately, never expunged. The Clerk of the Juvenile and Domestic Relations District Court is required to keep these records.

Additionally, the juvenile record can be used against the individual in future sentencing events, in the event the person is convicted of a criminal offense as an adult.

Motor Vehicle Code Violations

If a juvenile is found guilty of an offense of any violation of law involving operation of a motor vehicle, the theft of an unauthorized use of motor vehicle, alcohol-related boating offenses, or failures to pay fines or costs for traffic offenses, the records are not expunged until the individual turns 29 years of age. The logic behind this exception is that some traffic offenses, such as DUI or reckless driving, remain on a person’s driving record for 11 years. A conviction for such a crime committed by a juvenile at age 17 would remain on the juvenile’s driving record for 11 years, so 29 is the age at which all traffic-related offenses would be removed from a juvenile’s DMV transcript.

If you are interested in having your criminal record expunged in Virginia, contact The Law Offices of Daniel J. Miller and request a free consultation with our Virginia Beach criminal defense lawyer today.

Hazing may start off as good-natured teasing or pranks, but this right-of-passage can be a dangerous practice. For this reason, Virginia state law has made hazing on school, college, and university campuses illegal. Students should be free to join organizations without the threatening and dangerous activities that can occur during initiations.

Hazing, according to William & Mary’s anti-hazing policy, is defined as acts that endanger the mental or physical health of a student, or destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in an organization or group. These acts can include challenges, pranks, or physical tasks that are required of other students. These acts are considered illegal under Virginia state law, even if the victim of the hazing had consented to the actions.

The Code of Virginia § 18.2-56 states that it is illegal to haze with the intent to cause bodily injury to any student at any school, college, or university. Doing so is considered a Class 1 misdemeanor, and is subject to 12 months of jail time and up to $2,500 in fines. Additionally, any person injured as a result of hazing can sue the guilty party or parties for damages in a civil lawsuit. The president or presiding official of any school receiving state funding must expel students guilty of hazing. They must also report the student’s name to the attorney for the Commonwealth which handles the county or city in which the school is located.

Campuses Taking Charge

Many campuses across Virginia are beginning to create and enforce their own campus anti-hazing policies to help combat even minor instances of hazing. William & Mary has been cited as a model of anti-hazing policy, and the school has produced an extensive and detailed anti-hazing policy to protect students. The policy includes a list of forbidden hazing activities, including:

• Kidnapping
• Road trips or involuntary excursions
• Confinement in a room or compartment
• Nudity
• Compelling students to participate in activities that interfere with their work or studies
• Verbal Harassment
• Burning, branding, or tattooing any part of the body
• Carrying items designed to embarrass the carrier
• Depriving students of sleep
• Compelling exposure to uncomfortable elements
• Compelling the public wearing of clothing that is in poor taste
• Forcing consumption of any substance, including alcohol
• Psychological abuse, such as ridicule, compromising dignity, shaming, or causing emotional strain

These activities are forbidden on campus or off if performed in relation to some aspect of the school, such as membership in an organization, society, fraternity or sorority, or other school groups. The policy also states that an organization found to be engaging in hazing may lose status as an official student group, and the individuals involved may face dismissal from the school.

Protection From Hazing Charges

If you have been accused of hazing, you can be facing serious consequences. The penalties of hazing charges can be costly, and criminal charges cannot be expunged from your record in Virginia. Your record may be used against you in the future, so it is critical to build an aggressive, experienced defense for yourself. The Law Offices of Daniel J Miller can help fight for your rights

Our Virginia Beach criminal defense attorney has over 25 years of experience in criminal court and is familiar with the courts Southeast Virginia. Our team will use our knowledge and experience to develop a personalized, strategic plan for your defense. We never use cookie-cutter solutions, since we know that your rights and freedom are at risk. Learn how we can help today!

Schedule a free consultation by contacting our offices at (757) 267-4949">(757) 267-4949.