RECENT CASES

George Holton Yates & Associates has represented thousands of clients since its founding in 1989. Listed below are recent cases of actual results we won for our clients. Although the following proceedings are public records (unless they have been expunged), we have omitted the case names and numbers to protect the privacy of our clients.  The outcome of any case will depend on a variety of factors including but not limited to the individual facts of the case and the current state of Virginia Law.

Up-to-date Results:

Court:         Norfolk Circuit Court Date:           August 17, 2010 Charge:      1st Degree Murder, Malicious Wounding, and                         two felony weapons charges Trial:           Jury Result:       Voluntary Manslaughter and Not Guilty on all                         other charges.                                                                                See The Virginian Pilot articlehere Court:         Virginia Beach Circuit Court Charge:      2x Abduction and 2x use of a FIrearm in                                 commision of a Felony Trial:           Judge   Result:       Not guilty    Court:         Chesapeake Circuit Court Charge:      6 counts of indecent liberties with a minor; 2 counts of felony child neglect; sodomy; aggravated sexual battery Trial:           Jury Result:       Not guilty  Court:         Norfolk Circuit Court Charges:     Attempted Indecent Liberties and Electronic Means to Solicit a Minor (Internet Sting) Trial:           Judge Result:       All charges dismissed. This client came to see us the day before he was about to plead guilty to these offenses based upon the advice of his previous lawyers. He hired us and we were successful in proving that the sting operation violated the rules and  was  entrapment.  The government dropped the charges before trial.   Court:        York County Circuit Court Charge:      Attempted Rape Trial:          Jury Result:      Not guilty finding. We tried this case before a jury, but after the close of all the evidence, we made a motion to strike the Commonwealth's case based upon the insufficiency of the evidence as a matter of law. This motion was granted by the Trial Court, and all charges were dismissed.  Court:         Virginia Beach Circuit Court Charge:      Sodomy; Attempted Rape Trial:           Judge Result:       Not guilty  Court:        Chesapeake Juvenile & Domestic Relations Charge:      Aggravated Sexual Battery District Court Trial:          Judge Result:      Dismissed after trial and a Not Guilty Plea. This was a case involving a juvenile, age 15 years, who was wrongfully accused of molesting a girl who was a foster child in his parents' home. We tried the case in the Juvenile Court and proved that it was a false accusation. The young man was exonerated.  Court:         Virginia Beach Circuit Court Charge:       Aggravated Sexual Battery Trial:           Judge Result:        Dismissed  Court:         Virginia Beach Juvenile & Domestic Relations District Court Charge:      Parental Abduction Trial:           Judge Result:        Dismissed  Charge:       Robbery and Use of a Firearm, Felonies Court:         Virginia Beach Circuit Court Trial:           Judge Result:       Convicted of Accessory after the Fact, Misdemeanor, and sentenced to 12 months of probation, unsupervised good behavior. This case involving a juvenile defendant started out as a Robbery and Use of a Firearm charge. The Commonwealth moved to transfer and try him as an adult, and the case was certified to the Circuit Court. However, at trial we were successful in arguing that our client did not take part in the alleged offense until after the crime was complete and therefore was guilty only as an accessory after the fact which is a misdemeanor.  Charge:     Sexual Battery, Misdemeanor Court:        Suffolk General District Court Trial:          Judge Result:      Defendant was found Guilty of Assault and Battery Misdemeanor, all probation, good behavior for a period of two years.  Charge:      Social Security Fraud Court:         U.S. Federal District Court (Norfolk) Trial:           Jury Result:       Not guilty Charge:      Possession of Cocaine Court:        Virginia Beach Juvenile & Domestic Relations Court Trial:          Judge Result:      Not guilty  Charge:      Rape Court:        Virginia Beach Juvenile & Domestic Relations District Court Trial:          Judge Result:     Dismissed This was a juvenile defendant charged with having forcible intercourse with a 13 year-old female. We were successful in having the charges dismissed at the trial level in the Juvenile Court.  Charge:      Aggravated Sexual Battery Court:         Norfolk Juvenile & Domestic Relations District Court Trial:           Judge Result:       Dismissed. This is a case in which I defended a Navy Captain whose daughter accused him of molesting her many years earlier. I was successful in getting the charges dismissed at the preliminary hearing stage and convincing the Commonwealth to not seek an outright indictment in the Circuit Court.  Charge:      Sexual Battery Court:         James City County General District Court Trial:           Judge Result:       Dismissed    Charge:      Indecent Liberties, Felony Court:         Virginia Beach Juvenile & Domestic Relations District Court Trial:           Judge Result:       Reduced to Misdemeanor Sexual Battery, 12 months suspended jail sentence, all probation conditioned upon good behavior for a period of one year, no contact with victim, counseling.  Court:        Chesapeake Child Protective Services ("CPS") Charges:   Level 1 Child Abuse Trial:          Local Conference (Appeal) Result:      CPS amended two "Founded" Dispositions to                    "Unfounded" Court:  Norfolk General District Court Charges:  Two counts of grand larceny[18.2-95] Trial:  Judge Result:  dismissed Court:  Child Protective Services Hearing Charges:  Finding of sexual abuse level 3 Trial:  APPEAL  Result:  Finding changed after appeal to "Unfounded" Court:  Federal District court of  Virginia Charges: Larceny of Government Property-18 U.S.C. 641 Trial:  Judge Result:  dismissed Court:  Norfolk  juvenile and domestic  relations District  Court Charges:  Trespassing,  sexual battery-18.2-67.4,  domestic assault and battery, and protective order Trial:  Judge Result:  all charges dismissed Court:  Chesapeake Circuit Court Charges:  2 counts Abduction; 2 counts possession of a firearm Trial:  Judge Result:  Not guilty on all charges. Court: Virginia Beach Circuit Court Charges: 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. Court: Virginia Beach Circuit Court Charges: Solicitation to Commit a Felony Result: Felony charge reduced to misdemeanor indecent exposure. All suspended time and good behavior. 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 Court:  Virginia Beach Traffic Court Charges: Possession of Marijuana  [VA Code §  18.2-250.1] Trial:  Dismissed Result:  Full Dismissal 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. 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. Court:  Norfolk General District Charges:  Brandishing a Firearm [VA Code §  18.2-282] Trial:  Bench Trial Result:  Not Guilty, dismissal of all charges Court:  Virginia Beach General District Court Charges:  Possession of Heroin Results:  Dismissed by Court at preliminary hearing Court:  Norfolk Juvenile & Domestic Relations Court Charges:  4 counts rape, 4 counts forcible sodomy, and  1 count abduction Result:  Dismissed by Court at preliminary hearing Court:  Hampton General District Court Charges:  Arson Preliminary Hearing Result: Charges dismissed   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   Court: Chesapeake Juvenile & Domestic Relations Court Charges:  Sexual Battery [VA Code §  18.2-67.4] -- Class 1 Misdemeanor Trial:  Bench Trial Result:  Not Guilty, dismissal of all charges after a trial   Court:  Virginia Beach Juvenile & Domestic Relations Court Charges:  Computer Invasion of Privacy [VA Code §  18.2-152.5] -- Class 3 Misdemeanor Trial:  Bench Trial Result:  Dismissal of all charges Comment:  Husband allegedly put spyware on his wife's computer; we successfully argued the dismissal of all charges   Court:  Virginia Beach Juvenile & Domestic Relations Court Charges:  Sexual Battery [VA Code §  18.2-67.4] -- Class 1 Misdemeanor Trial:  Bench Trial Result:  Dismissal of all charges Comment:  Charges dismissed for insufficient evidence after a trial before a judge.   Court:  Federal District Court Charges:  Employment of undocumented Immigrants Trial:   Bench Trial  Result:  Guilty plea to one count of harboring illegal aliens and conspiracy to commit same. Comments:  Verizon Communications contracted with our client to bury cable for their networks.  As is common for this type of manual labor, our client used migrant workers to complete the assignment.  Although we were ultimately unsuccessful in having the charges dropped, we did manage to shed light on some important inconsistencies within our judicial system. While our client as an individual citizen was charged, no charges have been  brought against corporate powerhouse Verizon Communications.  Please read the Virginian Pilot account of the proceedings available here.       Court:  Norfolk Circuit Court Charges:  Carnal Knowledge (2 counts) 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.   Court: Hampton General District Court Charges: Abduction Trial:  Plea agreement Result: Felony reduced to  misdemeanor assault,  suspended jail and unsupervised probation   Court: Virginia Beach Circuit Court Charges: Maintaining a disorderly house ( marijuana sales) Trial:  Bench trial Result: Dismissed after a  trial Comment:  This case was a project that lasted almost two years. My client had been targeted for some time as a drug dealer but the police had never been able to prove anything despite several other cases that we had dismissed. So they went after his house , but we won this one too.  I have advised him, however, as I advise many of my clients, to be careful out there!! Court:         Norfolk Circuit Court Charges:    Two Counts of Felony Solicitation of minor by electronic means Trial:           Judge Result:    REDUCED BOTH COUNTS TO MISDEMEANOR  HARASSMENT BY COMPUTER WITH NO REGISTRATION ON SEX OFFENDER REGISTRY. Comment:   This case was settled on a plea agreement the day before trial.  We were prepared to try it, But the offer was too good to refuse.         Court:         Child Protective Services Investigation Charges:     Founded disposition of Child  Sexual Abuse of August 17th ,2006 Trial:           Hearing date on Appeal  May 14th, 2007 Result:       Original disposition of Founded Sexual abuse-sexual molestation-Level 1 Amended to "unfounded: by Order of June 18th, 2007.   Court:         Spotsylvania County Circuit Court Charges:     Felony Indecent Liberties ( Computer Solicitation) Trial:           Judge Result:       Felony Indecent Liberties dismissed; Felony Electronic Solicitation reduced to misdemeanor, Computer trespass,(non- registration offense) 12 months jail suspended, good behavior, unsupervised, for one year. Court:         Virginia Beach Circuit Court Charges:     Indecent Exposure Trial:           Judge Result:       Found not guilty.   Court:          Virginia Beach General District Court Charges:      Peeping Tom Trial:            Judge   Result:       All charges dismissed following Bench Trial. When under cover officer charged the defendant with alleged illegal activity in public restroom at Redwing Park, in Virginia Beach, we successfully argued at trial that defendant was not in violation of this statute. Court:         Hampton Criminal Court Charges:     Failure to Register as Sex Offender -- Felony Trial:           Judge Result:       Reduced to misdemeanor failure to register, all probation  Court:         Virginia Beach Circuit Court Charges:     Indecent Exposure Trial:           Judge Result:       Found guilty but given all probation, no jail  Charges:    Forcible sodomy, abduction with intent to defile Court:        Norfolk Circuit Court Trial:          Jury Result:      Found not guilty by jury after three day trial, all charges dismissed  Charge:      Carnal Knowledge Court:        Hampton General District Court Trial:          Judge (preliminary hearing) Result:      Dismissed  Charge:      Robbery Court:        Norfolk Juvenile and Domestic Relations Court Trial:          Judge (preliminary hearing) Result:      Dismissed  Charge:      Malicious Wounding Court:         Virginia Beach Juvenile & Domestic Relations District Court Trial:          Judge Result:      Reduced to Misdemeanor Assault and Battery, All Probation  Charge:      Possession of Ecstasy with Intent to Distribute Court:         Virginia Beach Circuit Court Trial:           Judge Result:       Not guilty  Charge:      Rape, Sodomy, etc. Court:         Hampton Circuit Court Trial:          Judge Result:      Reduced to Misdemeanor Contributing to the Delinquency of a Minor  Charge:      Attempted Rape; Felony Inanimate Object Sexual Penetration Court:        Newport News Circuit Court Trial:          Judge Result:      Reduced to Misdemeanor Battery after a trial before a judge  Charge:      Object Sexual Penetration; Aggravated Sexual Battery; Abduction with Intent to Defile; Indecent Liberties Court:         Norfolk Circuit Court Trial:           Jury Result:      Not guilty finding by a jury Charge:      1st Degree Murder; Illegal Use of a Firearm Court:         Chesapeake Circuit Court Trial:           Jury Result:      Not guilty finding by a jury after a one week trial, all charges dismissed  Charge:      Forcible Sodomy; Indecent Liberties Court:        Virginia Beach Circuit Court Trial:          Judge Result:      Not guilty after judge trial  Charge:      Aggravated Sexual Battery; Indecent Liberties With a Minor Court:         Newport News Circuit Court Trial:           Jury Result:       Not guilty finding after a two day trial by a jury Charge:      Embezzlement Court:         Virginia Beach Circuit Court Trial:           Judge Result:       Not guilty Charge:      Object Sexual Penetration; Aggravated Sexual Battery Court:        Chesapeake Circuit Court Trial:          Jury Result:      Not guilty finding after a three day jury trial.  Charge:      Aggravated Sexual Battery Court:        Newport News Circuit Court Trial:          Jury Result:     Not guilty finding after a two day jury trial. All charges dismissed.  Charge:      Aggravated Sexual Battery Court:         Norfolk Circuit Court Trial:           Judge Result:      Not guilty  Charge:      Unlawful Shooting; Illegal Use of Firearm Court:        Suffolk Circuit Court Trial:          Judge Result:      Not guilty  Charge:      Possession of Sawed-Off Shotgun Court:         Virginia Beach Circuit Court Trial:           Judge Result:       Not guilty  Charge:      3 counts of Credit Card Theft Court:         Virginia Beach Circuit Court Trial:           Judge Result:       Not guilty  Charge:       Indecent Exposure and Solicitation, Misdemeanors Court:         Virginia Beach General District Court, Criminal Trial:           Judge Result:       Dismissed, following one year probation and good behavior  Charge:      Sodomy and Aggravated Sexual Abuse Court:         Virginia Beach Juvenile & Domestic Relations Court Trial:           Judge Result:       This was a very serious case of Aggravated Sexual Battery and Sodomy committed by a juvenile on another younger juvenile. The Commonwealth filed a transfer motion attempting to have the juvenile tried as an adult and convicted to a long period of incarceration. However, we were successful in having the transfer motion denied, the matter was retained in the juvenile court, and the juvenile was placed on probation. He was found guilty of one count of Aggravated Sexual Battery and one count of Sodomy and placed on supervised probation for a period of time. He was not required to do any period of incarceration.  Charge:      Sexual Battery Court:         Portsmouth Juvenile & Domestic Relations Court Trial:           Judge Result:       Not guilty  Charge:      Frequenting a Bawdy Place Court:         Norfolk General District Court Trial:           Judge Result:      Dismissed  Charge:      Credit Card Fraud, Credit Card Theft, Credit Card Forgery, Felonies Court: Colonial Heights Circuit Court Trial:           Judge Result:       All charges reduced to misdemeanors, defendant given all probation and good behavior Charge:      Indecent Liberties, Felony Court:         Virginia Beach Juvenile & Domestic Relations District Court Trial:           Judge Result:       Dismissed Charge:       Indecent Liberties, Felony Court:         Virginia Beach Juvenile & Domestic Relations District Court Trial:           Judge Result:       Reduced to Misdemeanor Sexual Battery, 18.2-67.4. Received 12 month suspended sentence with 12 months good behavior.  Charge:     Mail and Bank Fraud Court:        United States District Court (Federal Court), Eastern District of Virginia Result:     Guilty plea and sentencing Hearing, 8 Months in the Federal Penitentiary. This was an elaborate fraud scheme in which the defendant, a former Naval Officer, actually faked his own death and assumed a new identity before defrauding numerous investors in an elaborate and grand scheme. However, we were successful in obtaining the lowest sentence possible under the mandatory Federal Sentencing Guidelines. The defendant served his time at one of the Federal "country clubs" and later wrote me letters telling me how nice the facility was.  Charges:    Sale of Marijuana on school property (felony) Court:         U. S . District Court, Western District, VA Charlottesville Result:      Charges reduced from felony sale to misdemeanor possession and first offender. Charges were dismissed completely one year later. This case was the famous "Operation Equinox" case that made international news when three fraternity houses at the University of Virginia were seized and 12 students arrested in a large undercover drug sting conducted by a joint task force of local and federal cops. Most of the kids pled guilty and went to jail for a year or more. We took our case to trial because my kid had been set up, or entrapped. This is a difficult defense usually, but in our case we had the facts, even though the government held them from us. During trial in front of a jury, while I had the government's star witness on the stand, I was cross examining him so successfully that the Assistant U. S. Attorney prosecuting the case asked for a recess and offered my client a plea deal that would allow him to get the charges dismissed on a first offender disposition. He and his parents decided to take the deal which insured he would have no criminal record. After all, we never said he didn't possess pot, we just maintained he never would have sold it had he not been set up. Charge:      Perjury Court:         Virginia Beach Circuit Court Trial:           Jury Result:       Found Guilty and sentenced to serve 9 months in jail. This was a case in which I served as a special prosecutor. I left the Commonwealth Attorney's Office in the City of Virginia Beach in January, 1989. However, I continued to serve as a special prosecutor in numerous cases for a couple of years after that. I was asked to prosecute this perjury case, when the Commonwealth Attorney's Office had a conflict, and I was successful in winning a conviction and the jury recommended that the Defendant serve 9 months in jail.