• Former Assistant Commonwealth's Attorney (1985-1989)
  • Board Certified as a Trial Specialist by
    the National Board of Trial Advocacy
  • In Private Practice since 1989

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.  Past Success does not guarantee a similar result in future cases.

Up-to-date Results:

  • Date:  December 21, 2009
  • Court:  Virginia Beach Juvenile and Domestic Relations Court
  • Charges:  Breaking and Entering
  • Trial:  Judge
  • Result:  Dismissed
  • Date:  December 18, 2009
  • Court:  Virginia Beach General District Court
  • Charges:  Bombing
  • Trial:  Judge
  • Result:  Dismissed
  • Date:  December 17, 2009
  • Court:  Virginia Beach General District Court
  • Charges:  Assault and Battery
  • Trial:  Judge
  • Result:  Dismissed
  • Date:  December 7, 2009
  • Court:  Virginia Beach Juvenile and Domestic Relations Court
  • Charges:  Use of Obscene and Threatening Language
  • Trial:  Judge
  • Result:  Dismissed 
  • Date:  November 9, 2009
  • Court:  Isle of Wight Juvenile and Domestic Relations Court
  • Charges:  Domestic Assault and Battery
  • Trial:  Judge
  • Result:  Dismissed 
  • Date:  October 6,  2009
  • Court:  Hampton Juvenile and Domestic Relations Court
  • Charges:  Two domestic assault and battery[18.2-57.2] and two failure to appear[19.2-128]
  • Trial:  Judge
  • Result:  All 4 charges dismissed
  • Date:  September 28, 2009
  • Court:  Norfolk General District Court
  • Charges:  Two counts of grand larceny[18.2-95]
  • Trial:  Judge
  • Result:  dismissed
  • Date:  September 24, 2009
  • Court:  Chesapeake juvenile and domestic relations court
  • Charges: Domestic Assault and Battery [18.2-57.2]
  • Trial:  Judge
  • Result:  dismissed
  • Date:  September 21, 2009
  • Court:  Virginia beach general district court
  • Charges: Reckless Driving
  • Trial:  Judge
  • Result:  reduced to improper equipment
  • Date:  September 21, 2009
  • Court:  Virginia Beach general district court
  • Charges: Assault[18.2-57] and criminal trespass[18.2-119]
  • Trial:  Judge
  • Result:  deferred finding
  • Date:  September 17, 2009
  • Court:  Child Protective Services Hearing
  • Charges:  Finding of sexual abuse level 3
  • Trial:  APPEAL 
  • Result:  Finding changed after appeal to "Unfounded"
  • Date:  September 14, 2009
  • Court:  Virginia beach general district court
  • Charges:  Public nudity [22-1. Virginia beach municipal code]
  • Trial:  Judge
  • Result:  Dismissed
  • Date:  September 10, 2009
  • Court:  Virginia Beach Circuit Court
  • Charges: Reckless driving [46.2-868]
  • Trial:  Judge
  • Result:  reduced to speeding 9 mph over speed limit
  • Date:  September 10, 2009
  • Court:  York Juvenile & Domestic Relations Court
  • Charges: Domestic Assault and Battery [18.2-57.2]
  • Trial:  Judge
  • Result:  Nolle Processed after trial
  • Date:  August 21, 2009
  • Court:  Chesapeake Traffic court
  • Charges: FAILURE to maintain control/Reckless Driving [46.2-853]
  • Trial:  Judge
  • Result:  Dismissed after trial
  • Date:  August 7, 2009
  • Court:  Virginia beach juvenile and domestic relations court
  • Charges:  domestic assault and battery-18.2-57.2
  • Trial:  Judge
  • Result:  Nolle processed
  • Date:  August 4, 2009
  • Court:  Newport News  Traffic  court
  • Charges: following to closely-46.2-816
  • Trial:  Judge
  • Result:  dismissed
  • Date:  August 3, 2009
  • Court:  Federal District court of  Virginia
  • Charges: Larceny of Government Property-18 U.S.C. 641
  • Trial:  Judge
  • Result:  dismissed
  • Date:  July 30, 2009
  • Court:  Virginia Beach Circuit  Court
  • Charges:  Driving on  suspended  license-46.2-301
  • Appeal:  Judge
  • Result:  It was our client's 6th offense and he received 30 days of jail to be served on weekends through a plea agreement
  • Date:  July 30, 2009
  • Court:  Virginia Beach Circuit  Court
  • Charges:  DUI-18.2-266 and  refusal-18.2-268.2
  • Appeal:  Judge
  • Result:  was convicted of both charges in lower court but the refusal charge was dismissed on appeal and thus our client was able to obtain a restricted license
  • Date:  July 27, 2009
  • 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
  • Date:  July 22, 2009
  • Court:  Virginia beach traffic court
  • Charges:  reckless driving
  • Trial:  Judge
  • Result:  reckless dismissed
  • Date:  July 15, 2009
  • Court:  Chesapeake general district court
  • Charges:  sale of alcohol to minor
  • Trial:  Judge
  • Result:  fine
  • Date:  July 9, 2009
  • Court:  Virginia Beach Juvenile & Domestic Relations Court
  • Charges:  multiple counts of Sexual battery
  • Trial:  preliminary hearing waived due to plea agreement
  • Result:  case to be heard in circuit court
  • Date:  July 9, 2009
  • Court:  Virginia Beach Domestic Relations Court
  • Charges:  domestic assault  & battery
  • Trial:  Judge
  • Result: case dismissed
  • Date:  July 8, 2009
  • Court:  Virginia Beach Circuit Court
  • Charges:  Expungement Hearing
  • Trial:  Judge
  • Result:  Expungement  that had previously denied agreed upon by commonwealth and granted by Judge
  • Date:  July 2, 2009
  • Court:  Virginia Beach general district Court
  • Charges:   ASAP non-compliance/capias
  • Trial:  Judge Hearing
  • Result:  reinitiated into ASAP/ASAP Non-compliance dismissed
  • Date:  July 1, 2009
  • Court:  Virginia Beach General District Court
  • Charges:  open container  alcohol
  • Trial:  Judge
  • Result:  dismissed
  • Date:  June 25, 2009
  • Court:  Norfolk General District Court
  • Charges:  Reckless Driving and Hit & Run
  • Trial:  Judge
  • Result:  Reckless reduced to Improper Operation and Hit & Run dismissed
  • Date:  June 24, 2009
  • Court:  Norfolk Domestic Relations  Court
  • Charges:  Protective Order requested against our client
  • Trial:  Judge
  • Result:   Request denied
  • Date:  May  6, 2009
  • Court:  Virginia Beach Domestic Relations  Court
  • Charges:  Assault and Battery by a family member
  • Trial:  Judge
  • Result:  Nolle Prosequi all charges ["Charges dropped"]
  • Date:  April 21, 2009
  • Court:  Chesapeake Circuit Court
  • Charges:  2 counts Abduction; 2 counts possession
  • of a firearm
  • Trial:  Judge
  • Result:  Not guilty on all charges.
  • Date:  April 13, 2009
  • Court: York County Juvenile & Domestic Relations
  • Charge:  Domestic Assault & Battery
  • Trial:  Judge
  • Result: Not guilty.
  • Date:  April 2, 2009
  • Court:  Virginia Beach General District
  • Charge:  Disturbing the Peace
  • Trial:  Judge
  • Result:  Dismissed
  • Date:  March 30, 2009
  • Court: Hampton Traffic Court
  • Charges: Reckless Driving
  • Trial:  Judge
  •  Result:  Charge reduced to improper driving.
  • Date:  March 13, 2009
  • Court: Virginia Beach Traffic Court
  • Charges: DUI
  • Trial:  Judge
  • Result:  Charge reduced to reckless driving.
  • Date: March 9, 2009
  • 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.
  • Date: March 9, 2009
  • 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.
  • 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
  • Date:  December 2, 2008
  • Court:  Virginia Beach Traffic Court
  • Charges: Possession of Marijuana  [VA Code §  18.2-250.1]
  • Trial:  Dismissed
  • Result:  Full Dismissal
  • Date:  November 18, 2008
  • 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.
  • Date:  November 6, 2008
  • Court:  Virginia Beach General District
  • Charges:  Assault & Battery and Indecent Exposure [Virginia Beach City Ordinance 23-11]
  • Trial:  Bench Trial
  • Result:  Dismissed as part of an accord and satisfaction between defendant and complainant.
  • Date:  November 5, 2008
  • Court:  Virginia Beach Traffic Court
  • Charges:  Driving Under Influence BAC .15 or over [VA Code §  18.2-266]
  • Trial:  Bench Trial
  • Result:  Even though this charge carries mandatory jail time, defendant received only probation with no time to serve.
  • Date:  October 29, 2008
  • 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.
  • Date:  September 5, 2008
  • Court:  Norfolk General District
  • Charges:  Brandishing a Firearm [VA Code §  18.2-282]
  • Trial:  Bench Trial
  • Result:  Not Guilty, dismissal of all charges
  • Date:  September 4, 2008
  • Court:  Virginia Beach General District
  • Charges:  Stalking [VA Code §  18.2-60.3]
  • Trial:  Bench Trial
  • Result:  Not Guilty, dismissal of all charges
  • Date:  August 19, 2008
  • Court:  Hampton Juvenile & Domestic Relations
  • Charges:  Assault & Battery [VA Code §  18.2-57.2]
  • Trial:  Bench Trial
  • Result:  Not Guilty, dismissal of all charges
  • Date:  August 5, 2008
  • Court:  Virginia Beach General District
  • Charges:  Assault & Battery [VA Code §  18.2-57] , Public Intoxication [VA Code §  18.2-388] 
  • Trial:  Bench Trial
  • Result:  Not Guilty, dismissal of all charges
  • Date:  August 4, 2008
  • Court:  Virginia Beach General District
  • Charges:  Assault & Battery [VA Code §  18.2-57] 
  • Trial:  Bench Trial
  • Result:  Dismissal of all charges
  • Date:  July 30, 2008
  • Court:  Chesapeake Traffic Court
  • Charges:  Speeding 79/55
  • Results:  Reduced to Defective Equipment
  • Date:  June 19, 2008
  • Court:  Virginia Beach General District Court
  • Charges:  Possession of Heroin
  • Results:  Dismissed by Court at preliminary hearing
  • Date:  July 15, 2008
  • Court:  Chesapeake Traffic Court
  • Charge:  DUI
  • Result:  Reduced to Reckless Driving, no jail,  $150 fine
  • Date:  June 11, 2008
  • 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
  • Date:  June 5, 2008
  • Court:  Virginia Beach General District Court
  • Charges: Abduction, Use of a Firearm, Robbery, and Assault on Family Member
  • Trial: Bench Trial
  • Result:  Pled guilty to one count of trespass, six month sentence, all suspended, and dismissal of remaining charges
  • Date:  May 22, 2008
  • Court:  Newport News Circuit Court
  • Charges:  DUI and Refusal
  • Trial:  Bench Trial
  • Result:  Not guilty of DUI charge, guilty of refusal--one year license suspension, no fines and no jail time.
  • Date: May 13, 2008
  • Court:  Virginia Beach Juvenile & Domestic Relations
  • Charges:  Domestic Assault and Battery
  • Trial:  Bench Trial
  • Result: Dismissal of charges
  • Date:  May 13, 2008
  • Court:  Virginia Beach General District Court
  • Charges:  Assault and Battery and Trespassing
  • Trial:  Bench Trial
  • Result:  Dismissal of charges
  • Date:  May 14, 2008
  • Court:  Hampton General District Court
  • Charges:  Arson
  • Preliminary Hearing
  • Result: Charges dismissed
  • Date: May 1,2008
  • Court:  Virginia Beach Circuit Court
  • Charges: Driving Under the Influence (B.A.C. over .20)
  • Trial: plea agreement; charge reduced to reckless driving and a $500 fine, no jail or suspended license
  • We tried this case in the General District Court and kept out the breath certificate, but still got a conviction. We appealed to the Circuit Court and were successful in pleading it down to a reckless. The Commonwealth had evidentiary problems with the case and the court reluctantly accepted the agreement.
  • 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
  • Date:  April 24, 2008
  • 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
  • Date:  April 23, 2008
  • 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
  • Date:  April 21, 2008
  • 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.
  • Date:  April 21, 2008
  • Court:  Virginia Beach Traffic Court
  • Charges:   Second Offense DUI and Refusal
  • Trial:  Bench Trial
  • Result:  Dismissal of all charges
  • Comment:  Charges dismissed for insufficient probable cause on the part of police.
  • Date:  April 15, 2008
  • Court:  Virginia Beach Juvenile & Domestic Relations Court
  • Charges:   Assault & Battery
  • Trial:  Bench Trial
  • Result:  Dismissal of all charges
  • Date:  April 15, 2008
  • Court:  Virginia Beach Juvenile & Domestic Relations Court
  • Charges:   Domestic Assault
  • Trial:  Bench Trial
  • Result:  Dismissal of all charges
  • Date:  April 7, 2008
  • Court:  Virginia Beach General District Court
  • Charges: Possession of Alcohol by a minor ( 2 Counts)
  • Trial:  Bench Trial
  • Result:  $500 fine for each possession charge    
  • Comments:  This young man received a deferred finding disposition on a first offense possession of alcohol by a minor. Then he got arrested for a second offense while he was on probation for the first one. We were successful in avoiding any jail time or additional probation, but he did receive a $500 fine on each count. By Law, his license was suspended for six months, but we got him a restricted license to go back and forth to work.
  • Date:  March 7, 2008
  • 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.
  • Date:  February 20, 2008
  • Court:  Newport News General District Court
  • Charges:  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 Mirand 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 too 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.
             
  • Date:  January 15-16, 2008
  • 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.
  •  
  • Date:  December 4, 2007
  • Court: Hampton General District Court
  • Charges: Abduction
  • Trial:  Plea agreement
  • Result: Felony reduced to  misdemeanor assault,  suspended jail and unsupervised probation
  • Date: November 29, 2007
  • 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!!
  • Date:          November 19, 2007
  • Court:         United States District Court , Eastern District  VA. Newport News Division
  • Charges:   Assault and Battery  (2 counts)
  • Trial:         Federal Magistrate
  • Result:    all charges Dismissed
  • Comment: this was  a Children's  day care worker accused of Child abuse.  we successfully argued for the dismissal of all charges after a trial before the court.
  • Date:          October 10, 2007
  • 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.    
  • Date:          October 1, 2007
  • Court:         Virginia Beach General District Court
  • Charges:     Obstruction, Resisting Arrest, Drunk In Public
  • Trial:           Judge
  • Result:    obstruction dismissed, resisting nolle prossed.
  • Date:          September 18, 2007
  • Court:         Virginia Beach General District Court
  • Charges:     DUI
  • Trial:           Judge
  • Result:    CHARGES REDUCED TO RECKLESS DRIVING.
  • Date:           July 20, 2007
  • Court:          United States District Court
  • Charges:     Fraud and Making False Statements
  • Trial:            Judge
  • Result:      TWO YEARS INCARCERATION.
  • Comments:  As a young adult our client took on a false identity to avoid possible police indictment. twenty years passed before his cover was blown.
  • Date:          July 5, 2007
  • Court:         Virginia Beach Juvenile And Domestic Relations Court
  • Charges:     Domestic Assault and Battery
  • Trial:           Judge
  • Result:       Negotiated agreement between parties, all charges dismissed.
  • Date:          June 22, 2007
  • Court:         Hampton General District Court
  • Charges:     Possession of Marijuana
  • Trial:           Judge
  • Result:       Nolle Prossed, charges dropped for insufficiency of evidence.
  • Date:          June 18, 2007
  • 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.
  • Date:          June 5, 2007
  • Court:         Hampton Circuit Court
  • Charges:     Possession of Marijuana
  • Trial:           Judge
  • Result:       All charges dismissed
  • Date:          May 24, 2007
  • Court:         Hampton Circuit Court
  • Charges:     DUI
  • Trial:           Judge
  • Result:       DUI amended to reckless driving. No license suspension or ASAP. Suspended sentence and fine plus costs.

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

  • Date:          May 1, 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.

  • Date:          March 14, 2007
  • Court:         Virginia Beach Circuit Court
  • Charges:     Indecent Exposure
  • Trial:           Judge
  • Result:       Found not guilty.

  • Date:          February 27, 2007
  • 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.

  • Date:          February 20, 2007   
  • Court:         Hampton Circuit Court
  • Charges:     Abduction With Intent to Defile (carries sentence of 20 years to life) and Attempted Robbery
  • Trial:           Jury
  • Result:       Acquitted on Abduction charge. Hung Jury on Attempted Robbery charge; mistrial declared. (Prosecutor nolle prossed the charge in June,2007)

  • Date:           February 14, 2007
  • 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.

  • Date:         October 20, 2006
  • Court:        Virginia Beach Traffic Court
  • Charges:    DUI and Refusal
  • Trial:          Judge 
  • Result:      DUI dismissed; pled guilty to refusal, no jail time.
  • Date:          September 11, 2006
  • Court:         Virginia Beach Juvenile & Domestic Relations Court
  • Charges:     2 Counts of Child Neglect
  • Trial:           Judge
  • Result:       All charges dismissed after bench trial

  • Date:          September 6, 2006
  • Court:         Virginia Beach Traffic Court
  • Charges:     DUI, Hit and Run, Refusal
  • Trial:           Judge
  • Result:       All charges dismissed after bench trial

  • Date:          August 7, 2006
  • Court:         Virginia Beach Traffic Court Charges:
  • Charges:     Reckless Driving
  • Trial:           Judge
  • Result:       Reduced to speeding

  • Date:          August 7, 2006
  • Court:         Virginia Beach Criminal Court
  • Charges:     Possession
  • Trial:           Judge
  • Result:       All charges dismissed after bench trial

  • Date:          August 1, 2006
  • Court:         Virginia Beach Criminal Court
  • Charges:     Illegal Possession of Alcohol
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          July 18, 2006
  • Court:         Virginia Beach Juvenile & Domestic Relations
  • Charges:     Curfew Violation, Obstruction of Justice
  • Trial:           Judge
  • Result:       Dismissed
  • Date:          July 17, 2006
  • Court:         Norfolk Criminal Court
  • Charges:     Drunk in Public
  • Trial:           Judge
  • Result:       Dismissed following a trial

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

  • Date:          July 12, 2006
  • Court:         Hampton Criminal Court
  • Charges:     Failure to Register as Sex Offender -- Felony
  • Trial:           Judge
  • Result:       Reduced to misdemeanor failure to register, all probation

  • Date:          July 11, 2006
  • Court:         Norfolk Circuit Court
  • Charges:     Appeal of juvenile Court Order transferring juvenile to Circuit Court for trial as an adult
  • Trial:           Judge
  • Result:       Juvenile Court Order overruled, and matter remanded to Juvenile Court for trial

  • Date:          May 25, 2006
  • Court:         Norfolk Juvenile & Domestic Relations Court
  • Charges:     Domestic Assault and Battery - Third Offense
  • Trial:           Judge
  • Result:       Dismissed for lack of probable cause after preliminary hearing

  • Date:          May 10, 2006
  • Court:         Virginia Beach Circuit Court
  • Charges:     Sale of Counterfeit Recorded Devices
  • Trial:           Judge
  • Result:       Reduced to misdemeanor, suspended fine, no jail

  • Date:          April 27, 2006
  • Court:         Virginia Beach General District Court
  • Charges:     DUI
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          April 14, 2006
  • Court:         Virginia Beach General District Court
  • Charges:     DUI Second Offense
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          March 30, 2006
  • Court:         Virginia Beach Circuit Court
  • Charges:     Indecent Exposure
  • Trial:           Judge
  • Result:       Found guilty but given all probation, no jail

  • Date:          March 2, 2006
  • Court:         Virginia Beach Juvenile & Domestic Relations Court
  • Charges:     Domestic Assault and Battery
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          February 22, 2006
  • Court:         Montgomery County Circuit Court
  • Charges:     Possession with Intent to Distribute Marijuana
  • Trial:           Judge
  • Result:       Charges Nolle Prossed

  • Date:          February 2, 2006
  • Court:         Accomack County Circuit Court
  • Charges:     Possession of cocaine, concealed weapon
  • Trial:           Judge
  • Result:       Given first offender status, charges to be dismissed February 5, 2007

  • Date:         November 22, 2005
  • Court:        Virginia Beach Circuit Court
  • Charges:    Possession of a sawed-off shotgun (felony)
  • Trial:          Jury
  • Result:      Found not guilty by a jury after a one day trial, charges dismissed and client released from custody

  • Date:         November 14-16, 2005
  • 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

  • Date:         October 14th, 2005
  • Charge:      Carnal Knowledge
  • Court:        Hampton General District Court
  • Trial:          Judge (prliminary hearing)
  • Result:      Dismissed

  • Date:         September 20th, 2005
  • Charge:      Assault and Battery
  • Court:        Virginia Beach General District Court
  • Trial:          Judge
  • Result:      Dismissed

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

  • Date:          May 17,2005
  • Charge:      Robbery
  • Court:        Norfolk Juvenile and Domestic Relations Court
  • Trial:          Judge (preliminary hearing)
  • Result:      Dismissed

  • Date:          February 24, 2005
  • Charge:      Destruction of Property-Felony, Reckless Driving, Drunk in Public
  • Court:         Virginia Beach General District Court
  • Trial:           Judge
  • Result:      Reduced to Drunk in Public, $100 fine

  • Date:          February 24, 2005
  • Charge:      Malicious Wounding
  • Court:         Virginia Beach Juvenile & Domestic Relations District Court
  • Trial:          Judge
  • Result:      Reduced to Misdemeanor Assault and Battery, All Probation

  • Date:          January 6, 2004
  • Charge:      Possession of Ecstasy with Intent to Distribute
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          December 12, 2003
  • Charge:      Rape, Sodomy, etc.
  • Court:         Hampton Circuit Court
  • Trial:          Judge
  • Result:      Reduced to Misdemeanor Contributing to the Delinquency of a Minor

  • Date:          August 27, 2003
  • 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

  • Date:          August 12, 2003
  • 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

  • Date:          March 17, 2003
  • 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

  • Date:          November 12, 2002
  • Charge:      Assault & Battery
  • Court:        Northampton County Circuit Court
  • Trial:          Judge
  • Result:      Not guilty finding after a trial in front of a judge

  • Date:          October 28, 2002
  • Charge:      Forcible Sodomy; Indecent Liberties
  • Court:        Virginia Beach Circuit Court
  • Trial:          Judge
  • Result:      Not guilty after judge trial

  • Date:          July 29, 2002
  • 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

  • Date:          July 9, 2002
  • Charge:      Embezzlement
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

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

  • Date:         October 15, 2001
  • Charge:      3rd Offense Domestic Assault
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

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

  • Date:          July 6, 2000
  • Charge:      Aggravated Sexual Battery
  • Court:         Norfolk Circuit Court
  • Trial:           Judge
  • Result:      Not guilty

  • Date:         December 1, 1999
  • Charge:      Unlawful Shooting; Illegal Use of Firearm
  • Court:        Suffolk Circuit Court
  • Trial:          Judge
  • Result:      Not guilty

  • Date:         October 15, 1999
  • Charge:      Attempted Rape
  • Court:        York County Circuit Court
  • 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.

  • Date:          March 10, 1999
  • Charge:      Sodomy; Attempted Rape
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          March 2, 1999
  • Charge:      Aggravated Sexual Battery
  • Court:        Chesapeake Juvenile & Domestic Relations 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 little 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.

  • Date:          November 23, 1998
  • Charge:      Aggravated Sexual Battery
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:      Dismissed

  • Date:          November 4, 1998
  • Charge:      Parental Abduction
  • Court:         Virginia Beach Juvenile & Domestic Relations District Court
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          October 21, 1998
  • 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.

  • Date:         June 29, 1998
  • 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.

  • Date:          June 2, 1998
  • Charge:      3rd Offense Domestic Assault and Battery
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          May 29, 1998
  • Charge:      Social Security Fraud
  • Court:         U.S. Federal District Court (Norfolk)
  • Trial:           Jury
  • Result:       Not guilty

  • Date:          May 30, 1996
  • Charge:      DUI
  • Court:         Virginia Beach Traffic Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          September 13, 1995
  • Charge:      DUI
  • Court:        Virginia Beach Traffic Court
  • Trial:          Judge
  • Result:      Not guilty

  • Date:         May 11, 1995
  • Charge:      Possession of Cocaine
  • Court:        Virginia Beach Juvenile & Domestic Relations Court
  • Trial:          Judge
  • Result:      Not guilty

  • Date:         February 10, 1995
  • Charge:      DUI
  • Court:         Virginia Beach General District Court
  • Trial:          Judge
  • Result:      Not guilty

  • Date:          January 30, 1995
  • Charge:      6 counts of indecent liberties with a minor; 2 counts of felony child neglect; sodomy; aggravated sexual battery
  • Court:         Virginia Beach Circuit Court
  • Trial:           Jury
  • Result:       Not guilty

  • Date:          December 15, 1994
  • 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.

  • Date:          August 23, 1994
  • Charge:      Possession of Sawed-Off Shotgun
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          August 2, 1994
  • Charge:      3 counts of Credit Card Theft
  • Court:         Virginia Beach Circuit Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          June 9, 1994
  • Charge:       Indecent Exposure and Solicitation, Misdemeanors
  • Court:         Virginia Beach General District Court, Criminal
  • Trial:           Judge
  • Result:       Dismissed, following one year probation and good behavior

  • Date:          June 6, 1994
  • 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.

  • Date:          March 31, 1994
  • Charge:      Sexual Battery
  • Court:         Portsmouth Juvenile & Domestic Relations Court
  • Trial:           Judge
  • Result:       Not guilty

  • Date:          February 15, 1994
  • Charge:      Frequenting a Bawdy Place
  • Court:         Norfolk General District Court
  • Trial:           Judge
  • Result:      Dismissed

  • Date:          December 9, 1993
  • 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.

  • Date:          October 29, 1993
  • 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.

  • Date:          October 28, 1993
  • Charge:      Sexual Battery
  • Court:         James City County General District Court
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          October 19, 1993
  • 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

  • Date:         October 15, 1993
  • Charge:      DUI
  • Court:        Hampton General District Court, Traffic
  • Trial:          Judge
  • Result:      Reduced to Reckless Driving, $250 fine

  • Date:         October 4, 1993
  • Charge:      DUI
  • Court:        Chesapeake General District Court, Traffic
  • Trial:          Judge
  • Result:      Reduced to Reckless Driving, $1,200 fine plus 30 days suspension of driver's license

  • Date:          August 9, 1993
  • Charge:      DUI
  • Court:         Virginia Beach General District Court, Traffic
  • Trial:           Judge
  • Result:       Reduced to reckless driving, all probation, no driver's license suspension

  • Date:          August 2, 1993
  • Charge:      DUI
  • Court:         Virginia Beach General District Court, Traffic
  • Trial:           Judge
  • Result:       Reduced to Reckless Driving, $1,000 fine

  • Date:          July 20, 1993
  • Charge:      Indecent Liberties, Felony
  • Court:         Virginia Beach Juvenile & Domestic Relations District Court
  • Trial:           Judge
  • Result:       Dismissed

  • Date:          June 10, 1993
  • 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.

  • Date:          May 25, 1993
  • Charge:      DUI
  • Court:        Newport News General District Court, Traffic
  • Trial:          Judge
  • Result:      Reduced to Reckless Driving, $300 fine plus costs, plus 60 days suspended license, restricted.

  • Date:         May 25, 1993
  • Court:        Virginia Beach General District Court, Traffic
  • Trial:          Judge
  • Result:      Reduced to Reckless Driving

  • Date:         April 23, 1993
  • Charge:     Fraud, Felony
  • Court:       Virginia Beach General District Court, Criminal
  • Trial:         Judge
  • Result:     Charges reduced to petit larceny at preliminary hearing stage. Defendant given one year probation and a $100 fine.
  • Date:        March 5, 1993
  • Charge:    Assault & Battery
  • Court:       Virginia Beach Juvenile & Domestic Relations District Court
  • Trial:         Judge
  • Result:     Disposition taken under advisement for one year and charges were dismissed.

  • Date:          February 23, 1993
  • Charge:      DUI
  • Court:        Virginia Beach General District Court, Traffic
  • Trial:          Judge
  • Result:      Found guilty of reckless driving, fine plus costs.

  • Date:         June 12, 1992 
  • 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.

  • Date:          October 30, 1991
  • 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.

  • Date:          February 6, 1990
  • 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.

George Holton Yates & Associates, P.C.

1023 Laskin Road, Suite 101
Virginia Beach, VA 23451
E-Mail: gyates@ghylaw.com

Phone: 1 (757) 491-8800
Fax: 1 (757) 491-6357