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RECENT CASES
- 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 availablehere.
- 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 inciminating
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 sucessfully convinced a jury of the inconcistencies in that
juvenile's story resulting in a full dismissal on both counts of Carnal
Knowedge 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 Court
- 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.
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George Holton Yates & Associates, P.C. |
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1023 Laskin Road, Suite 101
Virginia Beach, VA 23451
E-Mail: gyates@pinn.net |
Phone: 1 (757) 491-8800
Fax: 1 (757) 491-6357 |
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