Case Histories

DUI Drugs, Va. Code Section 18.2-266

Dismissed

Virginia Beach General District, Traffic C

DUI Drugs/Accident

5/10/2017

Dismissed

Felony Embezzlement

Reduced to misdemeanor, probation

Date: March 9, 2017

Charge: Embezzlement (Felony) Va. Code Section 18.2-111

Court: Virginia Beach General District Court

Result: Reduced to Misdemeanor Embezzlement, Va. Code Section 18.2-111, Unsupervised Probation--No Jail time to serve

Felony Firearm Possession

Reduced

Date: March 2, 2017

Charge: Firearm Possession by Convicted Felon (Felony) Va. Code Section 18.2-26 False Information to Criminal Investigator (Felony) Va. Code Section 18.2-308.2:2

Court: Virginia Beach General District Court

Result: False Information to Criminal Investigator Dismissed Reduced to Firearm Possession by Convicted Felon (Misdemeanor) Va. Code Section 18.2-460 Unsupervised probation—No Jail time to serve

Object Penetration by Force

Dismissed

Date: February 28, 2017

Charges: Object Penetration by Force Va. Code Section 18.2-67.2

Court: Norfolk Juvenile & Domestic Relations

Result: Charge Dismissed

Grand Larceny

Reduced - No Jail Time

Date: February 24, 2017

Charge: Grand Larceny (Felony) Va. Code Section 18.2-95

Court: Virginia Beach General District Court

Result: Reduced to Petite Larceny (Misdemeanor) Va. Code Section 18.2-96 Unsupervised probation—No Jail time to serve

Domestic Assault & Battery (2 Counts)

Dismissed

Date: February 6, 2017

Charges: Domestic Assault & Battery (2 counts) Va. Code Section 18.2-57.2 Destruction of Property Va. Code Section 18.2-137

Court: Norfolk Juvenile & Domestic Relations

Trial: Judge

Result: All charges dismissed

Domestic Assault and Battery

Dismissed

Date: December 5, 2016
Charge: Domestic Assault & Battery Va. Code Section 18.2-57.2

Court: Norfolk Juvenile & Domestic Relations

Trial: Judge

Result: Charge dismissed

Aggravated Sexual Battery

Dismissed following trial

Date: April 12, 2016

My client was charged with one count of Aggravated Sexual Battery following an investigation that originated in South Carolina and later involved charges in Virginia as well. We were successful in having the one count of Aggravated Sex Battery dismissed against him following a bench trial.

1st Degree Murder; Illegal Use of a Firearm

Not guilty

Date: March 17, 2003
Charge: 1st Degree Murder; Illegal Use of a Firearm
Court: Chesapeake Circuit Court
Trial: Jury Trial
Result: Not guilty finding by a jury after a one week trial, all charges dismissed

Va Code 18.2-61 Rape

Charges dismissed.

Prior to a scheduled jury trial, the charges against our client were nolle prosequi by the Commonwealth of Virginia. We fought this case through the preliminary hearing and right up to the day of a scheduled jury trial. The issue was whether the sex was consensual, in that the defendant and the complainant knew each other and she had in fact invited him to her motel room at a late hour. We obtained all the phone records in this case and were able to prove before trial that the complainant was not being truthful about her account of the events of the evening. The Commonwealth tried to get my client to plead to a misdemeanor sexual battery, but he refused any plea deal to anything. The Commonwealth elected to drop all charges on the day before trial.

Va Code 18.2-95 Grand Larceny

Charges Reduced.

Charges were reduced from a felony to a misdemeanor with our client receiving a suspended 6 month sentence.

Domestic Assault and Battery

Dismissed

Date : October 2nd, 2014
Court : Virginia Beach Juvenile and Domestic Relations Court
Charges : Domestic Assault and Battery – Va Code 18.2-57.2
Result: The charge against our client was dismissed.

Possession of Marijuana Section 18.2-250

Dismissed

Charges dismissed following a bench trial. The Government failed to prove that the marijuana found in the car belonged to the Defendant.

Rape 18.2-61 and Carnal Knowledge 18.2-63

Charges Reduced

We took this matter all the way to trial because we refused to admit the Defendant’s guilt to the felony charges which would have required him to register as a sex offender. We were able to obtain a plea agreement for two misdemeanor charges which do not require registration. A very successful result.

Result: Charges reduced to two counts of Contributing to the Delinquency of a Minor

Assault 18.2-57

Dismissed

In this case, our client – a former Navy Seal and current State Department contractor – was charged with assault when he verbally confronted his neighbor over a dispute involving our client’s daughter. We moved to strike the assault charge, relying on Bennett v. Commonwealth, 35 Va. App. 442 (2001), which held that words alone do not constitute an assault. Although our client allegedly “stepped in [his neighbor’s] face,” he made no overt act or attempted to do physical harm to his neighbor. As a result, the Court granted our motion and the assault charge was dismissed.

Result: Assault Charge Dismissed on Defense Motion to Strike

4th Offense DUI/DWI

Charges Reduced

Charges: 4th Offense DUI/DWI - 18.2-266, 18.2-270; Refusal 18.2-268.3; Driving on a revoked license 46.2-301

This was a difficult case since the defendant here had a third offense pending in Richmond and couldn’t get bond. However we avoided the felony and the mandatory six month. Our client’s parents wrote a nice testimonial.

Result: Charges reduced to 2nd offense dui/dwi with credit for time served and defendant released from jail; refusal dismissed

Malicious Wounding, Resisting Arrest, Curfew Violation

Dismissed

Charges: Va Code 18.2-51 Malicious Wounding, Va Code 18.2-479.1 Resisting Arrest, Va Code 15.2-926 Curfew Violation

My client was a juvenile out past curfew at the Virginia Beach Oceanfront who was confronted by a visibly intoxicated adult. During the confrontation my client defended himself and during the fight the adult was seriously injured. The Commonwealth charged my client with malicious assault and moved to transfer him to be tried as an adult on the felony. We were successful in negotiating with the prosecutor to have the felony charge dismissed.

Va Code 18.2-282 Brandishing a Weapon

Dismissed

Our client had an ex-girlfriend who came to the house they used to share, and accused him of stealing her bracelet. When he denied stealing her bracelet, she left the house and called the police, alleging that our client had threatened her with a gun. The police searched the home extensively and were unable to locate a gun. Nevertheless, he was charged with brandishing a firearm. At trial, we successfully argued that the charge was not supported by sufficient evidence. The charge was dismissed.

Possession with Intent to Distribute

Reduced Charges

Date: August 27th, 2014
Court: Virginia Beach Circuit Court
Charges: Va Code 18.2-248.1 Possession with Intent to Distribute
Result: Charges were reduced to a misdemeanor and defendant avoided any active jail time and instead received a suspended sentence and a restricted license.

DUI

Reduced To Reckless Driving

Court: Newport News Circuit Court

Charges: Va Code 18.2-266 DUI

Result: DUI was reduced to reckless driving on appeal. Defendant was able to get a restricted license without the requirement of an interlock device.

Prescription Drug Fraud

Dismissed

Court: Virginia Beach General District Court

Charges: Va Code 18.2-258.1 Prescription Drug Fraud

Result: Dismissed

Notes: At the preliminary hearing, the Judge determined that there was insufficient evidence to proceed further with the charges. All charges were dismissed against our client.

Driving after Forfeiture of License

Dismissed

Court: Virginia Beach General District Court

Charges: Va Code 18.2-272 Driving after Forfeiture of License

Result: Dismissed

Notes: Our motion to strike was granted due to the fact that our client was driving a moped and the statute under which our client was charged excluded mopeds.

Driving after Forfeiture of License

Dismissed

Court: Virginia Beach General District Court

Charges: Va Code 18.2-272 Driving after Forfeiture of License

Result: Dismissed

Notes: Our motion to strike was granted due to the fact that our client was driving a moped and the statute under which our client was charged excluded mopeds.

Drunk In Public

Dismissed

Court: Virginia Beach General District Court

Charge: Drunk In Public (VB City Ordinance 23-7.2)

Result: Dismissed

Notes: Our client was charged with drunk in public. The court agreed to continue the case generally for 90 days and dismiss the case at the next court hearing provided our client remained on good behavior. At the June 23, 2014 court date, the Court dismissed the case.

Malicious Wounding

Not Guilty

Court: Northampton Circuit Court

Charge: Va Code 18.2-51 Malicious Wounding

Result: Not Guilty

Notes: Our client was charged with malicious wounding. Our client pleaded not guilty at trial in Circuit Court. At the conclusion of a bench trial, the judge found our client not guilty and dismissed the charge.

Domestic Assault and Battery

Not Guilty

Court: Virginia Beach Juvenile and Domestic Relations Court

Charge: Va Code 18.2-57.2 Domestic Assault and Battery

Result: Not Guilty

Notes: Our client was charged with domestic assault and battery. We entered a not guilty plea and proceeded to a bench trial. Upon the completion of the trial, our client was found not guilty and the charge was dismissed.

Speeding in a School Zone

Dismissed

Court: Virginia Beach JD&R

Charge: Speeding in a School Zone

Result: Dismissed

Notes: Our client was charged with going 42 mph in a school zone. We successfully defended the case and the charge was dismissed.

Trespassing

Dismissed

Court: Virginia Beach Criminal Court

Charge: Trespassing Va. Code. 18.2-119

Result: Dismissed

Notes: This was a domestic type situation that we negotiated to a dismissal. Client happy.

Robbery, Assault & Battery

Dismissed

Court: Northhampton JD&R

Charge: Robbery 18.2-58 and Assault & battery 18.2-57

Disposition: the Robbery charge was dismissed. the Assault and battery charge was nolle prosequi.

Notes: While at a preliminary hearing for the robbery charge, we made a motion to strike the evidence based the grounds that our client had a bona fide claim of right to the property, therefore he could not be convicted of a robbery. The motion was granted and the charge was dismissed. Client very happy.

3rd DUI

Reduced Charges

Court: Virginia Beach General District

Charge: Va Code 18.2-266 DUI 3rd

Disposition: Reduced to DUI 2nd

Notes: We obtained a bond for our client shortly after his arrest and got him into rehab. based upon his scccessful completion of rehab, the charge was reduced to 2nd Offense DUI and he was sentenced to time served. Client very happy, and still in Rehab.

Concealed Weapon

Dismissed After Trial

Court: Northhampton General District

Charge: Va Code 18.2-308 Concealed Weapon

Disposition: Dismissed After Trial

Notes: We moved to suppress the evidence on grounds that there was insufficient probable cause to make the traffic stop. Motion granted and charges were dismissed. Client very satisfied.

Concealed Weapon

Dismissed After Trial

Court: Northhampton General District

Charge: Va Code 18.2-308 Concealed Weapon

Disposition: Dismissed After Trial

Notes: We moved to suppress the evidence on grounds that there was insufficient probable cause to make the traffic stop. Motion granted and charges were dismissed. Client very satisfied.

Felony Assault on Police Officer

Charges Dismissed

Court: Virginia Beach Circuit Court/ Judge John Morrison

Charges: Va Code 18.2- 57(c) Felony assault on a police officer, VB Municipal Code 23-10 Disturbing the Peace and VB Municipal Code 23-7.3 Resisting arrest

Trial: Bench Trial Before Judge Morrison

Result: Charges Dismissed after a trial before a judge sitting without a jury

Comment: The defendant, a Hampton University student, was arrested on the Virginia Beach Oceanfront after being thrown out of a bar. She was loud and angry and resisted arrest after the police tried to arrest and cuff her for disturbing the peace. She later according to police kicked the officer twice, once while being put in the car and later when she was being taken to the station from the car. We tried the case and the Judge determined that the charges should be dismissed. We argued that loud language alone was not disturbing the peace, that she was lawfully resisting an unlawful arrest and that any kicking of the officer was unintentional . Probably most significant was the fact that she had no record , and was very apologetic for her behavior. We rejected an offer for a misdemeanor offered just before trial, because the defendant had recently graduated from college and didn’t want to have any criminal record. Felony assault on a police officer carries mandatory jail time of at least 6 months.

Forcible Sodomy & Aggravated Sexual Battery

Acquitted on all Counts

Court: Hampton Circuit Court. Judge Wilford Taylor

Trial: Jury Trial

Charges: VA Code 18.2-67.1; Forcible Sodomy (5 counts), Va Code 18.2-361 Crimes against Nature (5 Counts), Va Code 18.2-67.3 Aggravated Sexual Battery (5 Counts) Va Code 18.2-370.1 indecent Liberties Custodial 3 (1 count)

Disposition: Acquitted on all counts. All charges dismissed. This is our firm’s second acquittal in a little more then a month from a jury in Hampton.

Rape

Charges Dismissed

Court: Hampton Circuit Court/Judge Bonnie Jones

Charges: Va. Code 18.2-61; Rape

Trial: Jury

Result: Charge Dismissed

Comment: We picked the jury and had opening statements. The Commonwealth called their first witness, the alleged victim and the ex-girlfriend of the defendant. After one and one-half hours of rigorous cross-examination, we broke for lunch. During the lunch break, the prosecutor made the decision to drop the charges against the defendant, a young Hampton University student. Following the lunch break, Court was convened and the Commonwealth made a motion to drop the charges. Said motion was granted by the Court and the defendant was discharged.

Possession of Marijuana

Charges Dismissed

Court: Virginia Beach General District Court

Charges: Va Code 18.2-250; Possession of Marijuana

Trial: Judge Trial

Result: Charges dismissed after first offender

Comment: Not all First offender cases are the same. Some involve a lot of work and several court appearances, especially if the client has received other charges since the last court date. This was a great result because it took us over a year and a half to finally get all charges dismissed. A lot of work, but worth the extra effort.

Possession of Firearm by Convicted Felon

Charges Dismissed

Court: New Kent Circuit Court/ Judge Thomas Hoover

Charges: Va. Code 18.2-308.2; Possession of Firearm by Convicted Felon

Trial: Jury Trial

Result: Charge Dismissed by Judge Hoover on Motion to Strike at close of Commonwealth’s case .

Comment: This client was facing a mandatory 5 year sentence if convicted. I worked so many hours on this case. The hard work definitely paid off. This client is so happy!

Multiple DUIs

Not Guilty

Charge: Va. Code 18.2-266; Va Code 18.2-270; Va Code 46.2-391; Felony Third Offense DUI/DWI and Felony Driving on a Revoked Operators in connection with a DUI/DWI

Trial: Judge

Result: Not Guilty on Felony Third Offense DUI/DWI and Not Guilty on Felony Driving on a Revoked Operators in connection with a DUI/DWI . Guilty of misdemeanor driving on a revoked or suspended operators. A conviction of both the above criminal offenses would have resulted in two felony convictions and eighteen months (18) months of mandatory prison. The successful defense of the Felony DUI/DWI charge, prevented the driving charge from being considered a felony.

Comment: This case seemed hopeless, quite honestly, when it first came into thie office. We weren’t offered anything by the Commonwealth, so we had to try the case. We won and everyone was happy with the result!

Indecent Exposure

Charges Dismissed

Court: Virginia Beach General District

Charges: VB City Ordinance 23-11 Indecent Exposure

Trial: Judge

Result: Charges dismissed after trial

Comment: This was a case where a civil dispute led to a mooning incident and charges being brought against our client. At trial we developed the underlying civil dispute, the ages of the parties involved and the Judge dismissed.

Petit Larceny / Shop lifting

Dismissed

Court: Virginia Beach Circuit Court

Charges: Va. Code 18.2-96 ; Va Code 18.2-103 Petit Larceny / Shop lifting

Trial: Judge Trial

Result: Finding under advisement, deferred disposition of case. If defendant remains on good behavior and completes couseling, then the charge will be dismissed in a year. Defendant must return to court and provide such proof to the court.

Comment: The defendant got caught stealing, but it was a first offense. Now, first offenses are not always treated the same. Sometimes, we can persuade the court to give the person a break, and , quite honestly, on some cases, the judges refuse. Here, this person got a break. Great result. Charges were dismissed in 2011.

Public Nudity

Dismissed

Court: Virginia beach general district court

Charges: Public nudity [22-10. Virginia beach municipal code]

Trial: Judge Trial

Result: Dismissed

Comment: This was a case where the bars, body paint and a bachelorette party simply did not mix with the streets of Virginia Beach. After a night of celebrating the pending nuptials of a friend on the “Block” in VB, two of the party goers attempted to walk home wearing nothing from the waist up save for body paint. They stepped out onto the sidewalk at Atlantic Avenue and, because their bare chests were covered by only a layer of thin opaque latex paint, an unamused and repressed Virginia Beach police officer issued each of them a summons for public nudity and obscene display. They were lovely girls after all and he could have just issued them a warning. So silly! At trial charges were dismissed on the basis that the coverings, although perhaps meeting the criteria for nudity, did not rise to the level of an obscene display. The photos were quite attractive actually. Thank you Judge Woolard for great discretion. Both young ladies had important jobs and couldn’t afford a criminal conviction. Great result.

Abduction / Possession of Firearm

Not Guilty on all charges.

Court: Chesapeake Circuit Court

Charges: Va Code 18.2-47 Abduction (2 counts); 2 Counts Possession of a Firearm

Trial: Judge Trial

Result: Not Guilty on all charges.

Comment: This case was a great result based upon a lot of pretrial work and some excellent work in the courtroom. These charges carried mandatory prison time of at least six years on the gun charges, and it was a tough decision on whether to try the case to judge or jury. We elected to go with a judge trial. The case boiled down to the reliability of the eyewitness identification of the defendant, and the process that the police used at the scene of the crime to identify the defendant. The case turned on the legal issues discussed in Spottswood vs. Commonwealth. A BIG win! But then all cases are big to the client. And we treat them all as big cases.

Threaten to Bomb

Charges Nolle Prosecute by Commonwealth

Court: Virginia Beach Circuit Court

Charges: Va Code 18.2-83 Threaten to Bomb

Result: Charges nolle prosecuted by Commonwealth

Comment: This was a case of mistaken identity. Our client was charged and held for several months, however, we were successful in getting the charges dismissed after DNA evidence proved he was not the perpetrator.

Felony rape victim under 13 years

Found Not Guilty following jury trial

Court: Chesapeake Circuit Court

Charges: Felony rape victim under 13 years [VA Code § 18.2-61]

Trial: Jury Trial

Result: Found Not Guilty following jury trial

Comment: Great result. Any time we have to go to a jury trial that is a big event. In Virginia, juries recommend sentence, so a conviction in this case could have resulted in a LIFE term. Instead, we were shaking hands with the client and getting hugs from his family in the hallways outside the courtroom. I have been fortunate to be able to obtain good results from juries, they are the foundation of our legal system. Jury trials were considered by our Founding Fathers to be the one thing separating the individual from the tryanny of the State. Always consider this option.

Felony Child Abuse

Not Guilty

Court: Virginia Beach Circuit Court

Charges: Felony Child Abuse [VA Code § 18.2-371.1]

Trial: Bench Trial (Scheduled for a jury trial but we elected to waive jury trial on the day of trial)

Result: Found NOT GUILTY

Comment: Very difficult and complex medical and custodial issues. This was a big time consuming case involving legal issues, and expert testimony. Issue turned on who caused the injuries, what the injuries were, and exactly when. Great result for a very nice client who had no record and professed her innocence from the beginning.

Malicious Wounding, Leaving the Scene of an Accident &Driving under suspended License

Reduced Charges

Court: Virginia Beach Circuit Court

Charges: Malicious Wounding, Leaving the Scene of an Accident, and Driving under suspended Operator’s License [VA Code § 18.2-51, 46.2-894, 46.2-301]

Trial: Bench Trial (Sentencing only)

Result: The client retained our services to handle sentencing after she had already been convicted. Although facing ten years in the penitentiary, we successfully obtained a suspended sentence for all but twelve months of that jail time.

Rape

Dismissed by Court

Court: Norfolk Juvenile & Domestic Relations Court

Charges: 4 counts rape [18.2-61], 4 counts forcible sodomy [Va Code 18.2-67.1], and 1 count abduction [18.2-47]

Result: Dismissed by Court at preliminary hearing

Comment: Our client’s girlfriend had moved into his apartment and when they broke up she refused to move out. They continued to have sex from time to time though! He called it “collecting the rent” ( I know I know) He was just about to throw her out when one day, after one of these consensual encounters she called the police while he was at work , claimed he raped her, and had him arrested when he came home. She did it so she could continue to live in the apartment rent-free. He comes home from work, cops are there. He was ordered out of his own place, and was thrown in jail without bail! She got to stay in the apartment rent-free! It was an uphill battle even to get him a bond. But we did, and after several months, we finally had the charges dismissed after the preliminary hearing, which is a rare event indeed. This poor fellow was totally innocent from the beginning. There ought to be a way for him to get justice beyond just getting the charges dismissed, like having HER go to jail, but unfortunately, that doesn’t happen. Folks are just relieved to be in the clear.

Under Age Possession of Alcohol

Dismissed

Court: Newport News General District Court

Charges: VA Code 4.1-305 under Age Possession of Alcohol

Trial: Bench Trial

Result: Dismissed

Comments: This was a case where our client had been summoned for underage drinking. When the police arrived on the scene of a house party our client was attending, the kids that didn’t run were separated into different rooms and questioned. Our client then made incriminating statements which led to a charge of misdemeanor possession of alcohol by a minor. According to Miranda v. Arizona, the police, upon taking a suspect into custody, must inform them of their 5th Amendment right against self-incrimination. We put our firm’s resources into researching the current state of the law in this area and presented that the police had failed to “mirandize” our client. The Judge agreed, leading to compete dismissal of all charges not only for our client but also for the codefendants who appeared that day.

Although underage drinking is a relatively minor criminal offense, our client took it very seriously and so did we. We are ever mindful of the fact that to our clients, and for us, THERE IS NO SUCH THING AS A SMALL CASE.

Knee Injury

$30,000

$30,000 settlement for knee injury from auto accident.

Back Injury

$20,000

$20,000 settlement for back injury from auto accident

Back Injury

$7,500

$7,500 for back injury from auto accident

Hand Injury

$25,000

$25,000 hand injury from auto accident

Thumb Injury

$45,000

$45,000 for thumb injury from premises liability

Possession of Firearm by Convicted Felon

Charge Dismissed

Date: May 2, 2011
Court: New Kent Circuit Court/ Judge Thomas Hoover
Charges: Va. Code 18.2-308.2; Possession of Firearm by Convicted Felon
Trial: Jury Trial
Result: Charge Dismissed by Judge Hoover on Motion to Strike at close of Commonwealth’s case .
Comment: This client was facing a mandatory 5 year sentence if convicted. I worked so many hours on this case. The hard work definitely paid off. This client is so happy!

Rape

Charges dismissed

Date: October 21st, 2014
Court: Northampton County Circuit Court
Charges: Va Code 18.2-61 Rape
Result: Charges dismissed.

Prior to a scheduled jury trial, the charges against our client were nolle prosequi by the Commonwealth of Virginia. We fought this case through the preliminary hearing and right up to the day of a scheduled jury trial. The issue was whether the sex was consensual, in that the defendant and the complainant knew each other and she had in fact invited him to her motel room at a late hour. We obtained all the phone records in this case and were able to prove before trial that the complainant was not being truthful about her account of the events of the evening. The Commonwealth tried to get my client to plead to a misdemeanor sexual battery, but he refused any plea deal to anything. The Commonwealth elected to drop all charges on the day before trial.

Multiple Sex Crime Charges

All charges dismissed.

Date: August 8-9, 2011
Court: Hampton Ciruit Court. Judge Wilford Taylor
Trial: Jury Trial
Charges: VA Code 18.2-67.1; Forcible Sodomy (5 counts), Va Code 18.2-361 Crimes against Nature (5 Counts), Va Code 18.2-67.3 Aggravated Sexual Battery (5 Counts) Va Code 18.2-370.1 indecent Liberties Custodial 3 (1 count)
Disposition: Acquitted on all counts. All charges dismissed. This is our firm’s second acquittal in a little more then a month from a jury in Hampton.

Malicious Wounding

Not Guilty

Date: April 28, 2014
Court: Northampton Circuit Court
Charge: Va Code 18.2-51 Malicious Wounding
Result: Not Guilty
Notes: Our client was charged with malicious wounding. Our client pleaded not guilty at trial in Circuit Court. At the conclusion of a bench trial, the judge found our client not guilty and dismissed the charge.

Aggravated Sexual Battery

Not Guilty

Date: March 5, 2001
Charge: Aggravated Sexual Battery
Court: Newport News Circuit Court
Trial: Jury Trial
Result: Not guilty finding after a two day jury trial. All charges dismissed.

Object Sexual Penetration; Aggravated Sexual Battery

Not Guilty finding after a three day jury trial.

Date: March 12, 2002
Charge: Object Sexual Penetration; Aggravated Sexual Battery
Court: Chesapeake Circuit Court
Trial: Jury Trial
Result: Not Guilty finding after a three day jury trial.

DUI Second Offense

Reduced to reckless driving

Date: June 30, 2005
Charge: DUI Second Offense
Court: Virginia Beach Circuit Court
Trial: Judge Trial
Result: Reduced to reckless driving

Forcible sodomy, abduction with intent to defile

Found not guilty by jury after 3-day trial

Date: November 14-16, 2005
Charges: Forcible sodomy, abduction with intent to defile
Court: Norfolk Circuit Court
Trial: Jury Trial
Result: Found not guilty by jury after three day trial, all charges dismissed

DUI

Dismissed following a trial before a Federal Mag

Date: July 13, 2006
Court: U.S. District Court, Eastern District of Virginia, Norfolk
Charges: Va Code 18.2-266 DUI
Trial: Judge Trial
Result: Dismissed following a trial before a Federal Magistrate

DUI

DUI amended to reckless driving.

Date: May 17, 2007
Court: Hampton General District Traffic Court
Charges: Va Code 18.2-266 DUI
Trial: Judge Trial
Result: DUI amended to reckless driving. No license suspension. Suspended sentence and fine plus costs.

Object Sexual Penetration — Felony

Not Guilty

Date: April 25, 2008
Court: Chesapeake Circuit Court
Charges: Object Sexual Penetration [VA Code § 18.2-67.2] — Felony
Trial: Jury Trial
Result: Not Guilty, dismissal of all charges after a trial

Felony rape victim under 13 years

Found Not Guilty following jury trial

Date: December 16, 2008
Court: Chesapeake Circuit Court
Charges: Felony rape victim under 13 years [VA Code § 18.2-61]
Trial: Jury Trial
Result: Found Not Guilty following jury trial
Comment: Great result. Any time we have to go to a jury trial that is a big event. In Virginia, juries recommend sentence, so a conviction in this case could have resulted in a LIFE term. Instead, we were shaking hands with the client and getting hugs from his family in the hallways outside the courtroom. I have been fortunate to be able to obtain good results from juries, they are the foundation of our legal system. Jury trials were considered by our Founding Fathers to be the one thing separating the individual from the tyranny of the State. Always consider this option .

1st Degree Murder, Malicious Wounding & 2x Felony Weapons Charges

Not Guilty

Court: Norfolk Circuit Court
Date: August 17, 2010
Charge: Va Code 18.2-32; Va Code 18.2-51; Va Code 18.2-53.1; 1st Degree Murder, Malicious Wounding, and 2x Felony Weapons Charges
Trial: Jury
Result: Not Guilty of Murder in the 1st Degree, Not guilty of Malicious Wounding, Not Guilty of the two Felony Weapons charges. Guilty of the lesser included Voluntary Manslaughter. Jury recommended a 12 month sentence

Carnal Knowledge (2 counts) & Indecent Liberties

Not guilty on all counts

Date: January 15-16, 2008
Court: Norfolk Circuit Court
Charges: Va Code 18.2-63 Carnal Knowledge (2 counts) and Va Code 18.2-370 Indecent Liberties
Trial: Jury Trial
Result: Not guilty on all counts
Comments: This was a case where our client had been accused of sexual intercourse with a fourteen year old girl. In a two day trial we successfully convinced a jury of the inconsistencies in that juvenile’s story resulting in a full dismissal on both counts of Carnal Knowledge as well as the single count of Indecent Liberties. A conviction would have resulted in a mandatory four (4) years in prison away from our clients wife and infant child along with the loss of a promising Navy Career.

DUI Reduced

DUI Reduced

Chesapeake Circuit Court, DUI reduced to Reckless Driving, $300 fine

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