Having your right to purchase, possess, or transport firearms revoked due to mental health restrictions like an involuntary commitment can be frustrating when you know you have dealt with your mental health issues. However, you can petition the court to restore your firearm rights under Virginia law. 

At The Wilson Law Firm, our experienced Manassas gun law attorneys are committed to protecting Virginia residents' Second Amendment rights. We understand the complexities and nuances involved in mental health gun restrictions and can help you get your firearm rights back.

Mental Health Gun Restrictions Under Virginia Law

Virginia Code § 18.2-308.1:3 makes it unlawful for individuals who have been involuntarily admitted to a mental health facility or ordered to mandatory outpatient treatment to purchase, possess, or transport firearms. The statute covers various situations, including:

• Involuntary admission after a civil commitment hearing
• Involuntary admission as a minor 14 years or older
• Voluntary admission following a temporary detention order
• Being found incompetent to stand trial with case disposed under Virginia Code § 19.2-169.3

Violating these mental health restrictions is a Class 1 misdemeanor under Virginia law. However, the statute also provides a mechanism for restoring your firearm rights.

How to Petition for Restoration of Your Gun Rights in Virginia

If you are prohibited from possessing firearms due to mental health gun restrictions, you can petition the general district court where you reside to have your rights restored. You do not have a waiting period after your release from a mental health facility to request that your gun rights be restored. Here are the key steps in the process that our gun law attorneys can help you with: 

1. Our lawyers will file a petition with the court and send a copy of the petition to the prosecuting attorney, who can respond.
2. The court will conduct a hearing. We will represent and present evidence showing that you have been rehabilitated and deserve to have your firearm rights restored.
3. The judge will consider evidence about the circumstances that led to your commitment, criminal history, treatment record, and reputation.
4. Your petition will be granted if the court finds you won’t likely act in a manner dangerous to public safety. 

Importance of Treatment Records When Petitioning to Get Your Gun Rights Back

When petitioning for your gun rights restoration, you must provide comprehensive treatment records. These records will help you convince the court of your current mental health, how you responded to your treatments, and that you aren’t a potential risk to public safety. Our gun law lawyers can help you gather your treatment records to support your petition.

Protecting Your Rights With Our Skilled Legal Counsel

At The Wilson Law Firm, we are dedicated to vigorously defending the rights of responsible gun owners throughout Virginia. If you've lost your firearm privileges due to mental health adjudications, our skilled Manassas gun law attorneys are ready to guide you through the restoration process and fight for your Second Amendment freedoms.

If you were convicted of a felony in Virginia, you lost your civil rights and your right to own a gun. However, you may be able to get your gun rights back after you complete your sentence. Simply being eligible isn't enough. You must convince the court that you've been rehabilitated and no longer pose a risk to public safety. 

At The Wilson Law Firm, our experienced Manassas criminal defense lawyers understand the challenges of this process. We've helped many clients successfully regain their firearm rights by presenting compelling rehabilitation evidence. Here's what you need to know about the evidence you’ll need and how we can help you file a Virginia gun rights petition.

What Do Courts Consider as Rehabilitation Evidence in Virginia Gun Rights Cases?

Virginia courts have broad discretion in deciding whether to grant a petition to restore your gun rights. You must show that you’ve improved your life since your conviction. Evidence that will help you get your gun rights restored includes:

• Clean criminal record. The longer you've gone without any new criminal charges or convictions, the stronger your case for rehabilitation. Even minor offenses like traffic tickets can undermine your petition, so staying on the right side of the law is crucial.
• Stable employment history. Holding a steady job shows the court that you're a responsible and productive member of society. Our lawyers will help you provide documentation of your work history, including dates of employment, positions held, and any promotions or recognition you've received.
• Community involvement and volunteering. Volunteer work, participation in community organizations, or church involvement demonstrate a commitment to positive change. Keep records of your involvement, such as documentation of your volunteer hours and certificates or letters of appreciation.
• Successful completion of probation or parole. If you were sentenced to probation or parole, completing all requirements without any violations is crucial rehabilitation evidence. Your probation or parole officer may be willing to provide a letter of support for your petition.
• Character references. Statements from respected members of your community who can speak to your good character and rehabilitation efforts carry significant weight with the court. Consider asking employers, clergy members, or community leaders who have known you for an extended period.
• Rehabilitation programs. If you've completed any substance abuse treatment, anger management courses, or other rehabilitation programs related to your conviction, our legal team will provide documentation to the court when we file your gun rights petition. This shows a proactive effort to address underlying issues.

How We Can Help You Build Your Best Case for Gun Rights Restoration

Gathering strong evidence of your rehabilitation takes time and effort. It's wise to start collecting documentation well before you're eligible to file your gun rights petition.

At The Wilson Law Firm, our gun rights restoration lawyers will guide you through every step of the gun rights restoration process. We’ll help you first get your civil rights restored by filing a petition with the governor’s office.  Then, our legal team will identify the most persuasive evidence of your rehabilitation and present a compelling case to the court. Our experience and commitment give you the best chance of regaining your firearm rights.

Getting charged with driving under the influence (DUI) is always a stressful experience, but it can be even more overwhelming when it happens in a state that's not your own. Suddenly, you're facing an unfamiliar legal system and wondering how a DUI conviction in Virginia could impact your life back home.

As an experienced Virginia DUI lawyer who has helped many out-of-state drivers facing DUI charges in our state, T. Kevin Wilson understands how scary and confusing this situation can be. Here's what you need to know about the Virginia DUI charges you face and how our attorneys at The Wilson Law Firm can defend you.

Virginia DUI Law and Penalties

Virginia Code § 18.2-266 makes it illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21. The punishments for a first-time Virginia DUI conviction may include:

• A fine of up to $2,500
• Up to 1 year in jail
• A one-year driver's license suspension
• Completion of an alcohol safety program
• Installation of an ignition interlock device

Penalties increase significantly for subsequent convictions, higher BACs, and aggravating factors like transporting a minor while intoxicated or causing an accident with injuries or fatalities.

How Your Virginia DUI Affect You in Your Home State

If you are convicted of a Virginia DUI, the Virginia DMV is required to notify your home state. Most states participate in the Driver License Compact (DLC), an interstate agreement to share information about traffic violations and license suspensions.

This means a DUI in Virginia can lead to serious consequences for your out-of-state license. Depending on your home state's laws, you could face a license suspension, required DUI classes or an ignition interlock, and higher auto insurance rates. A DUI conviction may also affect your employment, especially if your job requires driving.

You Must Appear in Court When Charged With a Virginia DUI

After a Virginia DUI arrest, you will be given a court date. Even though you live out-of-state, you must return to Virginia to appear in court. The judge can issue a bench warrant for your arrest if you fail to appear.

Many out-of-state drivers make the mistake of thinking they can just pay the ticket and move on. However, DUI is a criminal offense in Virginia - not a simple traffic ticket. You cannot simply prepay the fines and avoid court.

You Need a Virginia DUI Lawyer

Dealing with your Virginia DUI criminal case from out of state is challenging. Appearing in court without a lawyer puts you at risk of severe penalties. 

Our Virginia DUI lawyers can determine if there are weaknesses in the case against you and raise your defenses. We’ll attend all court hearings with you and explore other options, like a plea bargain, to minimize the consequences you face.

7 Tips to Stay Safe and Avoid a DUI Arrest on St. Patrick's Day

One way to increase everyone’s odds of having a fun and lucky St. Patrick’s Day is to plan ahead. Here are tips to stay safe:

1. Don’t drink and drive. Assign a designated sober driver or simply call a rideshare service.  
2. Don’t let friends and loved ones drive drunk. Help them find another safe way home if you’ve also been drinking.
3. Don’t get in the car with an intoxicated driver. You significantly increase the chances you will suffer severe injuries in a drunk driving accident if you get in their car.
4. If you’re the designated driver, honor your commitment. Stay sober and celebrate the fact that you’re helping others. 
5. If you notice a drunk driver on the road, call 911. Provide the location, make and model of the car, and any other helpful information law enforcement can use to pull them over.
6. Stop serving alcohol. If you’re a party host, remove alcohol an hour or two before the party ends and provide plenty of food and non-alcoholic refreshments.
7. Take the keys away from anyone who’s overindulged. While a social host can’t be held legally responsible for an intoxicated guest, it’s in everyone’s best interest to call a cab or arrange for them to stay overnight.

What to Do If You Are Arrested for DUI in Virginia

Even as a first-time DUI charge under Virginia Code § 18.2-266, your punishments can include a jail sentence of up to one year, a fine of up to $2,500, and a one-year driver’s license suspension. In addition, you would have a permanent criminal record with long-term consequences in your life.

Here are essential steps our DUI lawyers recommend you take immediately if you’re charged with DUI:

• Be cooperative. Follow the police officer’s instructions and cooperate during the arrest and booking process. If you get angry or are uncooperative, you could put yourself in danger and face additional, more serious charges.
• Remain silent. You have a constitutional to remain silent and not incriminate yourself. Politely tell the officer that you’re exercising your right to remain silent. If you answer questions or make statements, they could be used against you in your DUI case.
• Take the breathalyzer test after your arrest. You don’t have to agree to take a breathalyzer test before you’re arrested. However, once you have been charged with DUI, you must take the breathalyzer, blood, or urine tests. You’ll face additional charges under the DUI implied consent law if you refuse to submit to them.
• Get legal representation. A crucial first step you must take is to retain our DUI lawyers at The Wilson Law Firm right after your arrest. We’ll raise all your defenses, which you may have even if you’re guilty. We use an aggressive defense strategy to try to get the charges dropped or negotiate a favorable plea bargain with the prosecutor where the charges are reduced, and your punishment is less harsh. Read our case results to learn about the most favorable outcomes we get for our clients.

What Is Dashcam and Body Cam Footage?

Dashcams are small cameras mounted on the police vehicle’s dashboard. Officers also wear a body cam that, along with a dashcam, records audio and visual footage of what occurs when someone is stopped and arrested for DUI. 

If you’re stopped for DUI, you must be aware that your actions are likely being recorded. It can be used as evidence against you by the prosecutor to convict you of DUI under Virginia Code § 18.2-266 if you don’t cooperate with the police officer’s requests, have slurred speech, or exhibit other signs of intoxication.

How Our DUI Defense Lawyers Can Use Dashcam and Body Cam Footage to Defend You

Our DUI defense lawyers know that traffic and body cam footage can also help us defend you. Our legal team will quickly obtain all the footage, which may include recordings from multiple officers’ body cams, from the prosecutor and analyze it carefully. Here are ways we can use this evidence in your case:

• Show problems with the footage. Dashcam and body camera footage may record a DUI arrest from only one view. In addition, the audio and video quality might be poor. If the prosecutor is using this footage in their case against you, we may be able to raise doubts about its accuracy if there are obvious problems with it.
• Challenge the officer’s statements. The arresting officer’s observations can play a key role in the prosecutor’s case against you. We may be able to question the accuracy of their version of what occurred and their conclusions based on the dashcam and body cam footage of your arrest. For example, they may claim you had slurred speech or bloodshot eyes, which led them to conclude you may have been intoxicated. We may be able to show video footage proving they were wrong.
• Dispute your field sobriety test results. We might also use dashcam and body cam footage to challenge the test results. The recording could show that the officer failed to ask you if you were taking medications or had a health condition that would interfere with your ability to perform the test. The footage might also prove law enforcement didn’t correctly perform the tests.
• Prove violations of your constitutional rights. If you watch or read the news, you know that the police make mistakes and violate peoples’ legal rights when making traffic stops all the time. Dashcam and body cam footage may show that the officer continued questioning you after you told them you wanted to remain silent or requested an attorney, or that they didn’t have probable cause to search your car without a search warrant. It could also show them using excessive force—which is sadly common—when arresting you.

What Are Field Sobriety Tests in Virginia?

In our commonwealth, law enforcement uses three field sobriety tests (FTS) when they stop a motorist who they suspect is intoxicated: 

• Horizontal gaze nystagmus. For this test, an officer has the individual follow a small object with their eyes while the officer moves it from side to side. If their eyeballs jerk, it may be a sign of intoxication.
• One leg stand. When performing this test, the driver must raise one foot about six inches from the ground and count to 30. The police officer watches to see if they sway, use their arms to keep their balance, or hop on one foot.
• Walk and turn. This test requires the motorist to walk in a straight line, heel-to-toe, for nine steps, turn, and repeat walking for nine steps. They could fail the test if they use their arms for balance, lose their balance, or fail to follow the officer’s instructions.

What Should You Do If Police Pull You Over and Ask You to Take a Field Sobriety Test?

The actions you take can impact whether you’re convicted of DUI under Virginia Code § 18.2-266. Here are what our DUI lawyers recommend if you’re asked to take a field sobriety test:

• Stay calm. Be reserved and cooperative. If you argue with the police or don’t follow their instructions, you could be charged with a more serious crime, such as resisting arrest, or put yourself in a life-threatening situation.
• Remain silent. You must provide the officer with your name, address, driver’s license, and proof of insurance. Besides providing this basic information, you should exercise your right to remain silent and not make statements that could be used against you.
• Don’t agree to a FTS. While you can’t refuse a breathalyzer test, you can politely tell law enforcement that you decline to take a field sobriety test. These tests are voluntary in Virginia, and your refusal to take one shouldn’t be used against you.

Finally, retain an attorney. Contact our skilled DUI/DWI legal team immediately if you’re arrested, especially if you took a field sobriety test. Our lawyers will raise your defenses, including challenging the field sobriety test results. For example, we may be able to establish that the police failed to use the proper procedures when administering the tests, or that a medical condition or medication affected the results. Throughout your criminal case, we’ll fight hard to get the DUI charges dropped or reduced to a more minor offense.

Class 4 Felony Child Neglect and Abuse in Virginia

Under Virginia Code §18.2-371.1, you could be convicted of a Class 4 felony if the prosecutor proves the following:

• You’re either the parent, guardian, or an individual caring for the child.
• You either intentionally acted, failed to act, or refused to act to provide the child with necessary care for their health.
• Your actions caused serious injury to the child’s life or health.

This law defines serious injury to include, but isn’t limited to:

• Disfigurement
• Fractures
• Severe burns or cuts
• Mutilation
• Maiming
• Forced consumption of dangerous substances
• Life-threatening internal injuries

Class 6 Felony Child Neglect and Abuse Charges

You could also be charged with a Class 6 felony, a less severe crime than a Class 4 felony. You can be found guilty if you’re a parent, guardian, or person responsible for a child, and your willful acts or omissions in their care are so gross, wanton, and culpable that they show a reckless disregard for human life. Unlike Class 4 child neglect and abuse, the prosecutor doesn’t have to prove you injured the child. 

Punishments You Face If Convicted of Child Neglect and Abuse in Virginia

The penalties for felony child neglect and abuse often include incarceration. The judge could sentence you to the following:

• Class 4 felony. You could be sentenced to prison for 2–10 years and a fine of up to $100,000.
• Class 6 felony. This felony is punishable by a prison sentence of up to five years. However, a judge or jury would have the choice to sentence you to up to 12 months in jail, a fine not to exceed $2,500, or both.

Why Retaining Our Criminal Defense Lawyers Should Be Your First Step If Charged With Child Neglect

Our lawyers will use every available defense to fight the charges you face, even if you believe you’re guilty. For example, you could have made an honest mistake. Or the police may have violated your constitutional rights, which we can use to argue that crucial evidence the prosecutor is using against you should be suppressed. If it’s in your best interests, we might also have grounds to convince the prosecutor to offer you a favorable plea bargain. 

Throughout your criminal case, our legal team will explain your defenses, communicate frequently about how your case is progressing, and always clearly outline your options so you can make the best decisions for your life.

How to Obtain a Continuance in Your Virginia Criminal Case

A continuance is a formal delay of your trial that the prosecutor or your criminal defense attorney can request. The judge assigned to your case can also decide to delay without a request from either party. Judges must grant requests for a continuance when a delay is necessary under Virginia Code §19.2-162.

When requesting a continuance, you must comply with Virginia criminal court rules. If the prosecutor doesn’t agree to your request, a formal motion is filed, and you must attend a hearing. 

In addition, you may need to follow the special rules of the court where your case is being decided. For example, these motions aren’t placed on the court’s docket in Fairfax County. Instead, the prosecutor and your criminal defense attorney must arrange a conference call with the judge.

Grounds for Requesting a Continuance in Your Virginia Criminal Case

There must be a valid reason for asking the judge to delay your trial. In our many years of experience at The Wilson Law Firm, here are the ones we often utilize when necessary: 

• Insufficient time to prepare. We might ask for a continuance if there’s not adequate time to prepare for your trial. For example, we may need more time to interview witnesses, examine the prosecution’s evidence, or challenge lab results. In addition, the prosecutor and our attorney may request your trial date be rescheduled if we’re close to reaching a plea bargain to resolve your case.
• Additional charges. If the prosecution does this, our legal team may need more time to prepare an effective defense strategy. 
• New evidence or witnesses. We might ask the court to delay your trial so we have sufficient time to review this information and decide how to best defend you. In addition, if a witness we plan to call at your trial is unavailable, this could also be a good reason to request a continuance. 

If our criminal defense lawyers believe a continuance is necessary, we’ll explain this and the pros and cons of this action so you can make an informed decision. Throughout your criminal case, we’ll do everything we can to fight the charges you face so they are dismissed or reduced to a less serious offense with lighter sentences.

How a DUI Conviction Can Affect Your Eligibility for U.S. Citizenship

Fortunately, one DUI or DWI conviction under Virginia Code § 18.2-266  won’t automatically bar you from becoming a U.S. citizen. But, it could cause problems when you apply for citizenship and result in your application being denied. 

One requirement for getting your citizenship application approved is demonstrating good moral character. This is defined as having characteristics that measure up to the standards of average citizens in your community, such as respect for others, trustworthiness, reliability, integrity, and law-abiding behavior.

While this is a broad standard, the U.S. Citizenship and Immigration Services officer will consider these qualities as they review the following factors in determining whether you have good moral character:

• Was this your first DUI offense?
• How impaired were you?
• Did you cooperate with the police?
• Were there any aggravating circumstances, such as injuries or fatalities or a child in the car?

However, if you’re convicted of two or more DUIs, the consequences could be more serious because there would be a rebuttable presumption that you don’t have the character necessary to be eligible for U.S. citizenship.

Why Hiring Our Virginia DUI Lawyers Is Crucial If You’re an Immigrant 

A DUI conviction could impact your attempt to become a citizen if it occurred within five years of your application. This is considered the statutory look-back period. If your spouse applies for citizenship, the look-back period is three years.

If you’re arrested for DUI and reside in the country on a green card, hiring The Wilson Law Firm is important to your case. Our DUI defense lawyers have decades of experience, and we know how to use strategic defenses to try to get charges reduced to a minor offense through a plea agreement—or possibly dismissed. 

For example, we may be able to challenge the results of blood alcohol content or field sobriety tests, or argue that your case should be dismissed if the police obtained evidence by violating your constitutional rights. Our legal team understands the high stakes of a conviction when you’re not a U.S. citizen and will do everything we can to help you achieve a good outcome in your criminal case.

If you watch courtroom dramas, you may think that all criminal cases are decided in dramatic jury trials. However, having a jury decide your fate isn’t always the best option. Our skilled Manassas criminal defense lawyers at The Wilson Law Firm have decades of experience trying criminal cases. We’ll help you weigh the pros and cons of having your case decided by a judge or jury if taking your case to trial is in your best interests. Here’s what you need to know.

Pros and Cons of Having Your Criminal Case Decided by a Jury

You have a right to a jury trial if you’re charged with a felony in Virginia. If you choose this option, your case would be decided by 12 jurors under Virginia Code § 19.2-262.

While it may seem like a no-brainer that a jury would be the best choice in your criminal case, this isn’t always true. Here are the benefits our criminal defense lawyers see in jury-based trials:

• More people will make a decision. Again, you’ll have 12 jurors assessing the evidence rather than one judge in a bench trial. The jury must reach a unanimous decision or the judge declares a mistrial.
• Jurors take reasonable doubt seriously. Jurors are laypersons dedicated to their civic duty. They tend to view the prosecutor's burden to prove their case beyond a reasonable doubt as a high standard. They may be more likely to find you not guilty if they believe there’s reasonable doubt about the charges against you—even if they think you committed the crime.
• Jurors can be more sympathetic. Because they’re ordinary citizens, they may be more empathetic to your situation and respond better to an emotional appeal if this is part of our defense strategy.

You should also consider the cons of jury trials, which include:

1. They take longer.
2. They’re often more expensive. 
3. For all their benefits, jurors can be less predictable in their decisions.
4. Jurors may not be able to understand complex legal issues that are part of your defense.

Pros and Cons of a Judge Decide Your Virginia Criminal Case

You have the right to waive a jury and have your trial decided by a judge. Here are the benefits of selecting this option:

• Complex issues. If your defense involves complicated, technical legal issues, a judge may be able to understand and apply them better than a jury.
• Less expensive. A bench trial by a judge will most likely be faster and less expensive than a jury trial.

Here are some drawbacks of letting a judge decide your criminal case:

1. Only one person decides on your guilt.
2. The judge decides whether evidence should be admissible and may be unable to disregard damaging evidence—even if it’s inadmissible.
3. The judge reaches a verdict in your case based on the law and evidence and might be less likely to be swayed by our legal team's emotional appeals.
4. The judge may be jaded from hearing criminal cases day in and day out and be more likely to convict you.

At The Wilson Law Firm, it’s important that you feel confident in our ability to present your case in a way that gets the best results possible. Count on our criminal defense lawyers to use our extensive knowledge to create a reliable strategy and strong defenses, and also understand the assigned judge and how they address cases like yours.

Being pulled over by the police and arrested for driving under the influence or driving while intoxicated is a stressful experience. You also have the added worry about what happens to your vehicle. Fortunately, our Manassas DUI lawyers at The Wilson Law Firm know what law enforcement officers do with it—and can help you retrieve it. We'll also develop an aggressive defense that may get the charges dropped or reduced to a less severe offense.

What Happens to Your Vehicle Immediately After Your DUI Arrest?

Under Virginia Code § 18.2-266, what’s done with your car and other property depends on the arresting officer.

If you have a valid driver's license, they may leave it on the side of the road and allow you to call a family member or friend to pick it up. This is the best and cheapest way to get your car back. The officer can also temporarily tow it to an impound lot until you can retrieve it. 

However, if your driver's license is suspended or revoked, they would have to impound your vehicle, and it could take you much longer to get it back. 

Can the Police Search Your Car After Your DUI Arrest in Virginia?

Law enforcement officers are allowed to search your vehicle after making an arrest. They may look around for open containers of alcohol, weapons, and other contraband. They also do an inventory search before your car is towed, where they make a list of all property and other things found in your vehicle. 

If they discover drugs, guns, or other illegal items, they could charge you with additional criminal offenses. 

How to Get Your Vehicle Back After It Is Impounded

The police will inform you where your auto was towed. You’ll need to contact the towing lot to find out their hours and what you need to bring to retrieve your vehicle. Typically, you’ll need the following:

• A licensed driver. Your driver’s license is immediately suspended after your arrest, so you should bring a currently licensed driver to who can get behind the wheel.
• Some form of identification. Obviously, this is complicated if your license has been confiscated. Still, you might be able to use it or another form of picture identification, such as a passport, employment badge, student I.D., or perhaps a Social Security card. However, make sure to first check with the tow lot and our criminal defense lawyers to confirm all acceptable forms of identification. 
• Cash for fees. You must pay the towing and storage fees before the impound lot will return your car. Storage fees are charged daily, so you'll want to retrieve your vehicle as soon as possible after your arrest. In most cases, checks and credit cards aren’t acceptable forms of payment. 

How Our DUI Lawyers Can Help Your Retrieve Your Car

At The Wilson Law Firm, our legal team will explain the process of getting your vehicle back, what you will need to bring, and the fees you can expect to pay. More importantly, we’ll examine the circumstances of your DUI arrest and the police's evidence against you to determine your defenses. We may be able to challenge the traffic stop, dispute the breathalyzer or blood test results, and raise violations of your constitutional rights. This can help you achieve a better outcome in your case, even if you’re guilty.

If you’re like most people in Virginia, sharing on social media is part of daily life. Unfortunately, these posts can be evidence against you in court if you’re charged with a crime. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm are ready to protect your rights—and it’s possible that your social media posts could actually be used in your favor as part of the common defenses we raise to fight your criminal charges. 

How Police and Prosecutors Can Obtain Social Media Evidence Against You 

Law enforcement might search your social media posts as part of its criminal investigation. In addition, the prosecutor could also scour your posts while your case is being decided.

Here are some types of evidence they’re looking for:

• Photos and videos. These might demonstrate activities that can be linked to a crime. For example, if you post a photo of yourself with drugs or a gun, the police could use this to obtain a search warrant or present it as evidence that you committed a drug offense or a crime involving a weapon. 
• Your posts. Law enforcement officers may also review your posts to search for threats you made against individuals, or to find statements that suggest you were thinking about committing a crime. They could also use your posts to identify possible witnesses that might provide additional evidence against you.
• Check-ins. Your updates while you’re out and about having fun can also cause problems if you’re accused of committing a crime. For example, the prosecutor could use photos of you at a bar to convict you if you’re arrested for DUI under Virginia Code § 18.2-266. 

How Our Criminal Defense Lawyers Can Use Social Media in Your Defense

Depending on the charges you face and the facts surrounding your arrest, the legal team at The Wilson Law Firm might consider your social media posts as part of our defense strategy. Here are ways they can help us defend you:

• Alibi. If you’re raising an alibi defense, we may be able to use your posts, photos, or videos to show you were somewhere else when the police claim you committed a crime. Your posts might also help us create a timeline to prove that you couldn't be at the location where the offense was committed.
• Witnesses. Our legal team may search your social channels to identify or locate witnesses who could be helpful in your defense. In addition, we can search sites used by witnesses for the prosecution to find evidence to raise doubts about their credibility or to show they’re biased against you.
• Jurors. If your case is going to trial, we’ll review potential jurors' social media postings for statements they made that suggest they would be biased or have preconceived ideas that affect their ability to be impartial. During your trial, their posts might also demonstrate that they’re violating the court's order—such as not discussing details of your case—which could unfairly affect the verdict in your case.

Read our criminal defense reviews to learn more about the amount of attention and professionalism we provide each and every client, regardless of the charge.

If you’re found guilty of domestic assault and battery under Virginia Code § 18.2-57.2, you face harsh punishments that include possible incarceration. Unfortunately, a spouse, romantic partner, or family member could falsely accuse you of committing this crime. 

Our experienced criminal defense lawyers at The Wilson Law Firm have successfully defended our clients wrongfully charged with assault and battery against a family or household member. We pursue all possible defenses to fight the charges you face, which can help get the charges dropped or reduced to a less serious offense.

Why Accusers Make False Accusations of Domestic Violence

There are many reasons an individual may lie about being the victim of domestic assault. Here are some of the most common.

• Anger or jealousy. If you’re breaking up with a spouse or partner, they may accuse you of committing domestic violence because they’re angry over the situation or jealous that you’re in a new relationship.
• Legal leverage. If you’re in a contested divorce or custody battle with your spouse or partner, they could lie about you assaulting them to make it more difficult for you to obtain custody of your children or receive a favorable property settlement.
• Revenge. If a family member, spouse, or romantic partner is angry with you for some reason, they might bring domestic violence charges against you out of spite.

Protect Your Rights Against False Domestic Assault Accusations

If you’re wrongfully accused of assault and battery against a family or household member, you must immediately defend yourself. Here are crucial steps our criminal defense lawyers recommend:

• Don’t get involved. Avoid any type of dispute with your partner or family. Don’t argue with or scream at them, and certainly don’t threaten them. Call the police right away if you’re worried for your safety.
• Take photos and videos. Visual documentation of the incident and injuries is critical to proving what really happened.
• Preserve other evidence. Collect any texts, emails, or letters that help establish the nature of the relationship and any other evidence you believe relates to false accusations. 
• Remain silent. Don’t try to explain your way out of domestic assault charges with the police. Instead, exercise your right to remain silent so that what you say isn’t used against you.
• Retain an attorney. Contact our criminal defense lawyers at The Wilson Law Firm immediately if you’re charged with domestic violence. We understand the intricacies of Virginia’s domestic assault laws and will collect the evidence needed to help prove your innocence. 

You could be sentenced to one year in jail, ordered to pay a $2,500 fine, and have your driver's license suspended for at least six months if you're convicted of reckless driving in our state. Fortunately, you have the right to appeal. Our experienced Manassas reckless driving lawyers at The Wilson Law Firm will advise you whether filing an appeal will help in your case and can file it for you if this is in your best interests. 

The Reckless Driving Appeal Process in Virginia Reckless Driving Cases

You could be found guilty of reckless driving for speeding under Virginia Code § 46.2-862 and for many other violations, such as failing to drive for weather conditions or to use your turn signals properly under other Virginia laws. A judge in the district court would decide your first trial.

If convicted, you have the right to file an appeal to the circuit court. You should consider filing an appeal if you have strong defenses, were unrepresented at your district court trial, or had an attorney who inadequately represented you.

You must file a Notice of Appeal form with the district court to begin your appeal. Once complete, the court clerk notifies you as to when to appear at a court hearing in circuit court.

The circuit court judge will hear your case de novo at your appeal hearing. This means that your reckless driving case starts over again as if the district court trial never happened, and your case will go to trial again. A few differences in the circuit court process include the following:

• Jury trial. You have the right to have your case decided at a jury trial. However, you could have to pay the cost of conducting the jury trial, which is approximately $1,000 if you’re convicted.
• Prosecution. In some jurisdictions, the prosecutor doesn’t get involved in a district court reckless driving case. However, they would represent the Commonwealth if you file an appeal.
• Right to an attorney. You have the right to be represented by a reckless driving lawyer when you file an appeal. If you haven't already retained us, contact our legal team at The Wilson Law Firm immediately after your district court trial for assistance in filing your appeal.

How Long Do You Have to File Your Appeal?

You only have 10 calendar days, including weekends and holidays, from the date of your district court trial to file your appeal to the circuit court. If you miss this deadline, you will most likely be unable to appeal your guilty verdict.

Our reckless driving lawyers will advise you whether an appeal is worth the time and expense to—and will mount a vigorous defense if you decide to move forward with it.

If you watch movie or TV courtroom dramas, you may see scenes of a defense attorney breaking down a witness called by the prosecutor and the witness admitting they lied or that their observations aren’t as accurate as they originally stated. While real life isn’t quite that dramatic, impeaching witnesses can be a powerful defense strategy our experienced criminal defense lawyers at The Wilson Law Firm can use. We may be able to incorporate this and other defenses, even if you’re guilty, to get the charges dropped or negotiate a favorable plea bargain for you.

How We Impeach a Witness in Your Virginia Criminal Case

If your case goes to trial, the prosecutor could present the testimony of witnesses who allegedly saw you commit the crime or have other relevant information that can be used to convict you. 

Impeaching a witness is the process a criminal defense lawyer may use in cross-examination or through the presentation of other evidence to raise questions about the witness's credibility or the accuracy of their observations.

Under VA. R. Sup. Ct. 2:607, a party other than the one calling a witness is permitted to impeach their credibility. Here are some ways our legal team may use this court rule: 

• Lying. We may be able to cross-examine the witness or present other evidence, such as other testimony, to show that this particular witness has a bad general reputation for not being honest. This raises questions in the jury’s minds about whether the person is telling the truth in your case.
• Prior inconsistent statements. Another technique our attorneys may employ is to get the witness to admit they made inconsistent statements previously to what they’re saying on the stand at your trial. For example, they may have told another story when the police questioned them. We can use their admissions to raise doubts about their reliability as a witness.
• Prior criminal convictions. Under Va. R. Sup. Ct. 2.609, we can impeach a witness with a prior criminal conviction of a misdemeanor or felony that involves moral turpitude, such as perjury, embezzlement, or criminal fraud. 
• Bias. Another way to impeach a witness is to show they have a bias against you or an ulterior motive for testifying against you. For example, the prosecutor could have offered a confidential informant a reduction in their sentence or other benefit if they agreed to provide favorable testimony at your trial.
• Inaccurate observations. Another technique our criminal defense lawyers may use is to cross-examine a witness or present evidence to establish that their observations, memories, or perceptions aren’t as accurate as they claim. This can be a powerful way to raise questions about a witness's testimony when they testify that they observed you committing a crime.

When our legal team successfully impeaches a witness, we may be able to argue that the prosecutor cannot prove all the elements of the offense you're accused of committing. We can also raise questions about whether they met their burden of convicting you beyond a reasonable doubt. If the jury finds they didn't meet this burden of proof, they must acquit you—even if they believe you’re guilty.

If you’re in jail, you need to be very careful not to say anything or do something that hurts your ability to defend yourself. While this phone may feel like the only way you have to stay in contact with your family and criminal defense attorney, our experienced Manassas criminal defense lawyers at The Wilson Law Firm outline below the pitfalls to avoid when talking on a jailhouse phone. It’s just one of the many ways we strive to fight hard to defend you and hopefully achieve the best outcome in your criminal case. 

Do’s and Don’ts When Speaking on the Phone

What you say in a call at the jail can limit the defenses that an attorney can raise for you—and even harm your criminal case. You must always remember that your telephone calls are being recorded, and jail guards will listen to them. They could use incriminating statements you make or other evidence you provide against you in your criminal case. 

Here are crucial guidelines our criminal defense team recommends you follow when making phone calls from jail:

• Don’t discuss the incident. You need to use your constitutional right to remain silent and not mention the circumstances surrounding your arrest or the crime you’re accused of committing. The prosecutor could use any statements you make to try to convict you.
• Don’t make any admissions of guilt. One of the biggest mistakes individuals make while talking on a phone in jail is to make a statement that can be construed as an admission of guilt. Avoid saying things such as “I made a mistake” or “I’m sorry.”
• Do discuss your outside needs. However, it’s totally fine to talk to your family members about your daily life concerns, such as taking care of your children or pets or contacting your job.
• Do talk about bond. You may also be able to talk to your family about contacting a bail bond person and getting the money to pay your bail. But again—check with your criminal defense attorney before having these discussions to know what you can safely discuss to avoid inadvertently making a mistake that hurts your case.
• Limit what you say to your lawyer. Your call to your attorney could be recorded, too. Follow our criminal defense lawyers’ advice on what you can and should not discuss with us over the telephone. Keep in mind that we often won’t use a phone call for such details: our legal team visits you in jail to answer questions, update you on the progress of your criminal case, and discuss any plea bargains. 

It’s extremely important to make smart decisions so a bad situation doesn’t become worse. It’s our responsibility to guide you through every aspect of your case to ensure you have the facts you need.

You may not realize that your blood alcohol concentration (BAC) could elevate long after you stop consuming alcohol. This can be important if you’re pulled over and are charged with DUI/DWI in Virginia. Our Manassas DUI lawyers at The Wilson Law Firm will assess the evidence in your case and determine whether a rising BAC defense is an effective strategy in your criminal case and work toward a better outcome.

What Is Rising BAC in Virginia? 

Blood alcohol level is the truest measure of how intoxicated you are, because it measures the actual amount of alcohol in your bloodstream, not just how many drinks you consumed or when.

Your rising BAC refers to the fact that your blood alcohol content continues to increase long after you’ve had your last drink. Your BAC goes up because it takes time for alcohol to metabolize in your bloodstream, and will keep rising until it reaches its highest level.

Under Virginia Code § 18.2-266, you can be found guilty of drunk driving if your BAC is 0.08 percent or higher, or if you’re operating a motor vehicle while impaired due to your alcohol consumption—even if your BAC is less than 0.08 percent. However, depending on how quickly your BAC rose you may not have been intoxicated when the police arrested you for DUI.

Factors That Affect How Long It Takes for Your BAC to Elevate

It can take anywhere from 30 minutes to three hours for your BAC to rise to its maximum level. How fast and for how long it will increase depends on many factors: 

• Whether you consumed beer, wine, or hard liquor—different alcohol compounds metabolize more quickly than others.
• Whether your stomach was empty or full when you started drinking.
• How quickly you consumed the drinks.
• Your gender—because of their different physiology, men tend to metabolize alcohol more slowly than women.
• Your personal tolerance for alcohol.
• Whether any medications you were taking affected your rising BAC.
• Whether you were tired or sick while drinking.

When Could the Rising BAC Defense Help in Your Virginia DUI Case?

In our experience at The Wilson Law Firm, a rising BAC defense is often most helpful if your blood alcohol level was:

• Lower than 0.08 percent if you took a breathalyzer test when the police pulled you over.
• Near 0.08 percent when you were given a BAC test at the police station. 

The rising BAC defense can also be useful if you’re charged with a more severe DUI charge because your BAC was close to 0.15 or 0.20 percent.

If any of these situations apply to your case, our DUI/DWI criminal defense lawyers may be able to argue that you weren’t impaired when you were stopped because your BAC was still rising. We have a network of expert witnesses we can use to prove this. With this defense, we may be able to get the charges against you dismissed or raise enough doubt about the prosecution’s case that they offer you a favorable plea bargain where the charges are reduced to a less serious offense.

Being stuck in jail unable to work or see your family can make being charged with a crime even more stressful than it already is. Fortunately, with professional help, there’s a possibility to have your bail lowered to an amount you can afford. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm will work on your behalf to reduce bail so you can be home living your life while we prepare your defense and protect your rights.

The Definition of Bail in Virginia

Bail is an amount of money set by the court that you must pay to be released from jail while your criminal case is being resolved. The purpose of bail is to ensure that you return to court for your trial and other court appearances. 

Under Virginia Code § 19.2-120, there’s a presumption that a defendant shall be granted bail.

The judge should set an amount in your case unless there’s probable cause to believe one of the following is true:

• You would unlikely appear for trial or other court hearings if you were released.
• Your release would constitute an unreasonable danger to yourself, your family or household members, or the public.

How The Wilson Law Firm Can Help Get Your Bail Lowered

Unless the judge releases you on a personal recognizance bond—requiring you simply to promise to attend all court hearings and comply with other conditions they set—you or your family have to supply funding for bail to get you out of jail. Having a reasonable bail amount that you can afford is crucial. 

Our Virginia criminal defense attorneys can assist with this at your original bail hearing or by filing a motion to reduce your bail if it's already been set before you retained our law firm. Here are ways we can help you:

• Advocate for reduced bail. We’ll present strong, factual arguments and evidence to show that a lower bail is appropriate in your case and that you cannot afford a higher bail amount if this is true for you.
• Show your ties to the community. Another factor the judge evaluates in setting bail is your community ties. Our lawyers establish this by presenting evidence of your employment, family connections, and involvement in local activities, all of which indicate that you’re not a flight risk.
• Establish weaknesses in the prosecution's case. Another strategy our legal team can use is to highlight weaknesses in the prosecutor's case against you. By showing that the charges against you may not be as serious as they claim or that they cannot prove their case, we may convince the judge to reduce your bail.
• Present evidence you're not a community threat. Our criminal defense lawyers present evidence that when free on bail, you’ll maintain good standing. We’ll demonstrate this through written statements or testimony from employers, neighbors, community leaders, and family who can vouch for your strong character and reliability. If you don’t have a criminal record, this proof may be helpful as well. 

At The Wilson Law Firm, our goal is to defend your rights to the fullest. Let us help you work toward the best possible outcome.

Make no mistake: if you’re facing a criminal conviction for drug possession, you can expect to endure long-term consequences. But even if you think you’re guilty, you deserve sound legal advice and an aggressive defense strategy. At the Wilson Law Firm, our dedicated criminal defense lawyers understand the stress you're under and are committed to providing the knowledgeable legal representation you need to protect your rights and secure the best possible outcome.

Understanding Drug Possession Under Virginia Code § 18.2-250 

Virginia Code § 18.2-250 makes it illegal for someone to knowingly or intentionally possess a controlled substance without a valid prescription. You must have control of the drugs to be in violation of this law. One way you could be guilty of drug possession is to have actual possession of the drugs, such as having them in a jacket or pants pocket.

Here’s the catch: you don’t necessarily need to have the drugs on your person to violate this law. You can be considered in constructive possession if the drugs are found in an area you control, such as your home or vehicle. 

Virginia's Schedule of Controlled Substances

Virginia classifies controlled substances into six schedules based on their potential for being abused and their accepted medical uses, if any. Here are some examples of drugs in each schedule:

• Schedule I. Heroin, LSD, and ecstasy
• Schedule II. Cocaine, methamphetamine, and Oxycodone
• Schedule III. Anabolic steroids and codeine 
• Schedule IV. Xanax, Valium, Ambien
• Schedule V. Cough medicines prepared with codeine 
• Schedule VI. Some inhalants and other non-drug substances that are abused for recreational purposes

Penalties for Drug Possession in Virginia

The penalties for drug possession in Virginia vary based on how the controlled substance involved is classified and your criminal history. If you have an experienced criminal defense lawyer at The Wilson Law Firm vigorously defending you, this can also impact your sentence. Here are the punishments you might face:

• Schedule I or II. Possession of this class of controlled substances is a Class 5 felony. You could be sentenced to up to 10 years in prison and a fine of up to $2,500.
• Schedule III. You would be charged with a Class 1 misdemeanor if evidence shows you possessed a Schedule III drug. Your punishments could include sentencing of a maximum 12-month jail sentence and a fine not exceeding $2,500.
• Schedule IV. This possession conviction is a Class 2 misdemeanor, with a maximum six-month jail sentence and a fine of up to $1,000.
• Schedule V. Possession within this category is considered a Class 3 misdemeanor. You could have to pay a maximum fine of $500.
• Schedule VI. These violations are the least severe and are charged as a Class 4 misdemeanor with a fine not to exceed $250.

If you were arrested in Virginia, you must have a strong defense strategy to avoid the stiff penalties and long-term consequences you’ll face if convicted. Having character witnesses testify on your behalf. At The Wilson Law Firm, our experienced Manassas defense lawyers can advise you on whether utilizing a character witness could benefit your case and help identify suitable candidates.

When are Character Witnesses Allowed in Virginia Criminal Cases? 

Depending on your circumstances, you may want to use character witnesses who can offer a more comprehensive view of you for judges or juries. A character witness is someone who attests to your reputation, personality, and conduct in the community. They aim to portray you in a positive light by testifying to your moral integrity, honesty, and overall character. By providing firsthand accounts or observations, they attempt to humanize you and counter any negative perceptions. However, character witnesses aren’t always allowed or necessary as part of a defense strategy at trial.

In Virginia criminal cases, character evidence is generally not admissible to prove conduct that conforms with a particular trait on a specific occasion under Rule 2:404 of the Virginia Supreme Court Rules.  

However, there are exceptions, which include: 

• Character trait of the accused. Evidence of an accused’s pertinent character trait may be presented by the accused or by the prosecution to refute evidence presented by the opposing party.
• Character trait of the victim. In self-defense cases, the accused may offer evidence of the victim's traits or violence, or the prosecution may offer evidence of a victim’s pertinent character trait or acts of violence to counter any defense evidence.
• Character trait of a witness. Evidence of a witness's character trait may be admissible as provided in specific Supreme Court rules.

In addition, other crimes, wrongs, or acts generally aren’t admissible to prove character traits unless their probative value—or proof of purpose—outweighs incidental prejudice and is relevant to the offense charged, such as to establish motive, opportunity, intent, or a plan to commit the crime. 

Even if character witnesses aren’t useful in this phase of your criminal case, our knowledgeable criminal defense attorneys may use them at your sentencing hearing. Despite limitations on character evidence during trial proceedings, character witnesses can be instrumental by presenting testimonials, letters of support, or personal accounts to mitigate penalties and advocate for leniency.