In our recent blog article, “Can Traffic Stops Lead To More Charges?” we discussed the minimal legal standard of “reasonable suspicion” which gives a police officer the authority to require you to stop your motor vehicle for additional investigation of a suspected crime or traffic violation.  

Upon making contact with the occupants of the vehicle, the officer might request permission to search the vehicle or containers within the vehicle.

When can the cops search your car? Should you say yes to this request? What happens if you don’t? Can police search a car that’s not yours? In this article, our lawyers in Harrisonburg, VA will explain more about warrantless vehicle searches and whether you should give the police consent to search your car.

POLICE CAN SEARCH A CAR WITH NO WARRANT IF THEY HAVE PROBABLE CAUSE

Probable cause exists when a person has reasonable grounds to believe certain alleged facts.  One court has defined probable cause this way: “An apparent state of facts found to exist upon reasonable inquiry which would induce a reasonably intelligent and prudent person to believe that the accused has committed the crime charged.”

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. It is also the standard by which grand juries issue criminal indictments. 

In the case of a stop of a motor vehicle, police are permitted to search the vehicle for an item of contraband or evidence of a crime—without a warrant—if an officer has probable cause to believe that the item of contraband or evidence is in the vehicle.  

Certainly, if the item is in plain view, the officer can seize the item if he has probable cause to believe the item is contraband. If the item is not in plain view, the officer must be able to articulate probable cause based on facts then known to him before removing occupants and entering the vehicle to search for and seize the item.

The Fourth Amendment of the United States Constitution states: 

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched.”

A plain reading of the Fourth Amendment seems to require that officers must obtain a warrant before searching a motor vehicle, but the Supreme Court’s expansive Carroll Doctrine permits warrantless searches of motor vehicles (even immobilized vehicles) because the vehicle and its contents could be moved during the time it takes for the officer to obtain a search warrant from a magistrate or a judge.

POLICE CAN SEARCH A CAR WITH NO WARRANT WHEN MAKING AN ARREST

In addition to the Carroll Doctrine permitting officers to search a motor vehicle without a warrant where they possess probable cause that certain items are in the vehicle, they can also search a car when a person is arrested in, near, or having just exited the vehicle.  

At the time of an arrest, an officer can search locations within the arrested person’s “wingspan”; but in the case of a vehicle, that has been interpreted to include the entire interior of the vehicle. It normally does not, however, extend to detached spaces such as the trunk of the car.

POLICE CAN SEARCH A CAR WITH NO WARRANT WHEN CONSENT IS GIVEN

Another situation where police can search a motor vehicle without probable cause is where the owner or driver (or sometimes a passenger) of the vehicle gives consent to search the car.

Should you ever give a police officer permission, also called consent, to search your car? The short answer is NO, but we’ll explain in more detail.

Most individuals mistakenly think that the outcome will be better for them if they cooperate with the officer who is asking to search their vehicle. 

Police officers are trained to request consent to search a car if they have a mere hunch that criminal activity is afoot. Sometimes they just ask to see if consent is granted. The request is just that: a request. 

If you wonder if you can refuse a car search then yes, you can. As discussed previously, without probable cause (which is more than just a hunch or even a reasonable suspicion) they cannot search your car without your consent.

Although officers will never say it directly, they are trained to ask for consent in a way that makes you feel like you must permit them to search. Our clients often tell us that sitting along the side of the road, they felt that if they had refused to consent to a search of their car, that would be tantamount to an admission of some sort of guilt, an admission that the officer could then use to proceed with a search or even an arrest.

However, a refusal to consent to a search—that is, the assertion of your Fourth Amendment rights—does not justify a subsequent search by an officer.

By saying yes to the police officer’s request to search your car, you will have just officially given consent, and therefore given up your 4th Amendment right against unreasonable searches and seizures. 

If you consent to a police officer’s request to search you or your car, then the resulting search is, by default, legal in the eyes of the law. 

Always refuse the request to search your vehicle. 

Think of it this way: if you have no contraband, then to allow the officer to search would be a waste of his time. And if there might be contraband in the car (left there by a friend, for example), then you will be charged with possessing it.

You may think, “If I give consent to search, then I can argue later that my giving consent is evidence that I didn’t know the contraband was present.” It is counterintuitive, but people in knowing possession of contraband regularly give consent to search. It happens all the time.

So, if an officer asks to search your vehicle, be polite and cooperative but refuse the request.

CAN POLICE SEARCH A CAR THAT’S NOT YOURS?

Yes, the police can search the car you are driving, whether or not it belongs to you. They are unlikely to impound it if it belongs to someone else, but they can search it. 

Be careful, though. If the officer finds drugs or other illegal contraband in the car that you are driving, you can still be liable for the charges—even if they are not yours, and even if you did not know they were there. 

If you are in a situation where you are driving someone else’s car, and you are ticketed or arrested for illegal contraband, Cook Attorneys can help. Call us right away if this has happened to you or a loved one.

CAN THE POLICE STILL SEARCH MY CAR IF I SAY NO?

If the police have probable cause as described above, they can proceed with a search of your car notwithstanding your refusal to consent.

However, if you give consent to the police search request, then the question of whether they actually had probable cause is no longer an issue. 

Always exercise your Fourth Amendment right to refuse unreasonable searches and seizures. If you’ve refused consent, your lawyer may be able to argue that the subsequent search and seizure violated the Constitution. Where an officer searches your car without a warrant, the burden to prove that the search was justified is on the prosecution, not the defendant.  

WE CAN DEFEND YOUR RIGHTS

If you or someone you love needs help from a local criminal attorney, contact our attorneys in Harrisonburg, VA for a free criminal defense consultation. 

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

Virginia’s law regarding the darkness of tinting on the windows of an automobile is very specific and can result in a traffic ticket and a fine, but more importantly an officer’s suspicion of “excessive window tinting” can justify a traffic stop to allow him to pry further in search of other criminal offenses.  We have seen many clients pulled over so that the officer can check the degree of window tinting who end up charged with felony offenses for drug possession and distribution, firearms offenses, and driving under the influence of drugs or alcohol. 

At Cook Attorneys, our attorneys in Harrisonburg VA bring their extensive experience as criminal defense and traffic defense lawyers to our clients who have received moving violations in Virginia, including defending clients who have been ticketed in VA for tinted automobile windows. 

CAN YOU GET PULLED OVER FOR TINTED WINDOWS IN VIRGINIA?

If a police officer in Virginia suspects that an automobile’s windows are tinted more darkly than permitted by law, then they can use this for grounds to pull you over and issue a ticket.  The law against darkly tinted windows is supposedly to ensure that the driver can safely see out, but it’s more likely a law enacted so that police officers can see into a vehicle.

WHAT IS THE LAW REGARDING TINTED WINDOWS IN VIRGINIA?

The Virginia General Assembly enacted the “Virginia Tint Law” in the year 1999 which sets limits on the degree to which various windows on an automobile can be darkened through tinting. 

This degree is measured by the percentage of light that can shine through the film and therefore the window. This measurement of the darkness of tint is measured by VLT%: Visible Light Transmission Percentage.

In Virginia, there are different rules for the allowable window tinting on multi-passenger vehicles (such as SUV cars and vans) versus standard automobiles. 

WHAT ARE THE ALLOWABLE PERCENTAGE LEVELS OF TINTED WINDOWS? 

• Allowable VLT% for Standard Automobiles:

• • Windshield Tint: Virginia does not allow for any tint on the front windshield except for above the manufacturer’s AS-1 line. Above the AS-1 line, there is no restriction on tinting levels: any percentage is allowed.

• • Front Side Windows Tint: Maximum allowable tint is 50%.

• • Back Side Windows Tint: Maximum allowable tint is 35%.

• • Rear Window Tint: Maximum allowable tint is 35%.

• Allowable VLT% for Multi-Passenger Vehicles:

• • Windshield Tint: Virginia does not allow for any tint on the front windshield except for above the manufacturer’s AS-1 line. Above the AS-1 line, there is no restriction on tinting levels: any percentage is allowed. 

• • Front Side Windows Tint: Maximum allowable tint is 35%.

• • Back Side Windows Tint: There are no restrictions on how dark you can make the tint on the back windows of multi-passenger vehicles

• • Rear Window Tint: There are no restrictions on how dark you can make the tint on the back windows of multi-passenger vehicles
    
    

HOW REFLECTIVE CAN THE TINT BE IN VIRGINIA?

The “Virginia Tint Law” also limits the amount of tint reflection allowed on automobile windows.  Here are the limits:

• Allowable Tint Reflection for Standard Automobiles: 

• • Front Side Windows: Not allowed to be more than 20% reflective. 

• • Back Side Windows: Not allowed to be more than 20% reflective.

• Allowable Tint Reflection for Multi-Passenger Vehicles:

• • Front Side windows: Not allowed to be more than 20% reflective. 

• • Back Side windows: Not allowed to be more than 20% reflective.

ARE THERE OTHER LAWS RELATED TO WINDOW TINTING?

In addition to adhering to the law by knowing what is the darkest legal tint in Virginia, you should also be aware of the following additional rules and regulations related to window tinting: 

• In cases where tinted windows are needed for medical reasons, the State of Virginia can make an exemption when a medical waiver is obtained from a doctor.

• If a vehicle’s back window is tinted, then dual side mirrors are required.

• Window tints in the following colors are not allowed:

• • Amber

• • Red

• • Yellow

• Unlike in some states where window film manufacturers are required to certify the film they sell, this is not required in Virginia.

REASONS FOR TINTING WINDOWS?

Given the many restrictions on tinted windows in the State of Virginia, why go to the trouble? There are many reasons and even many benefits: 

• Reduce Glare
  Window tinting can reduce or stop glare, thereby improving driver vision and safety, especially for individuals with sensitive eyes.
  

• Protect Vehicle Interior
  Window tinting can prevent damaging UV light from entering your vehicle and fading or drying out your interior and upholstery.
  

• Hide Valuables
  Tinted windows prevent would-be thieves from identifying items of value within your car and thereby preventing break-ins
• Style
  Darkened windows can enhance the sophistication and luxury feel of a car.
  

• Skin Protection
  Window tint can block up to 99% of damaging UV rays which would otherwise have direct contact with your skin.
  

• Climate Control & Energy Efficiency
  Tinted window film can reduce your vehicle’s interior temperature by as much as 60%. This thereby reduces your need to use the air conditioning as frequently, which will save on fuel efficiency.
  

SCHEDULE A FREE TRAFFIC DEFENSE CONSULTATION WITH COOK ATTORNEYS

We can help you to achieve the best possible outcome for your case. If you received a ticket for tinted windows in Virginia, you are in need of local lawyers that handle traffic tickets. 

We invite you to contact us to schedule a free traffic defense consultation. Most consultations only require fifteen minutes, so what do you have to lose? Se habla español. Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

A criminal arrest before graduation can wreak havoc on a student’s future if not represented by  the right lawyer. So what should you do if you are a college-aged student and are arrested in Harrisonburg, VA or the surrounding area? What should you do if your son or daughter is a student away from home and needs the help of an experienced attorney for students in Harrisonburg?  We have helped many young people who have been accused of drug crimes, alcohol violations and other criminal offenses to minimize the consequences of mistakes they might have made.

Criminal charges against young adults create an extremely stressful experience for the entire family. We have extensive experience representing students from James Madison University, Bridgewater College, Eastern Mennonite University, Blue Ridge Community College other local schools. We can help you to achieve the best possible outcome when facing a criminal charge. 

HOW ARE LEGAL CONSEQUENCES DIFFERENT FOR STUDENTS?

Legal consequences for students can be more serious than for non-students. In addition to the fines, probation conditions and potential jail time that anyone facing a criminal charge will face, college and university students have to further worry about the penalties they may face from their academic institution, financial aid or scholarship providers as well as future employers. 

Students who have been arrested, whether on or off campus, may additionally be held accountable not only for their criminal violation, but for violations of their college or university’s student code of conduct rules. In these cases, students must appear before their school’s judicial board such. An example is the James Madison University’s Office of Student Accountability & Restorative Practices.

SUSPENSION OR EXPULSION FROM COLLEGE OR UNIVERSITY

If a student is found guilty of violating their school’s code of conduct rules, potential penalties can include disciplinary probation, suspension or even expulsion depending on the severity of the infraction. The school may also require the student to undergo mandatory counseling or to provide community service. Again, this is regardless of whether the incident took place on or off the college or university’s campus. And how does the school learn of the arrest? Local police will often inform campus police when a student is arrested, and schools often monitor the local court dockets for charges against their students.

POTENTIAL LOSS OF SCHOLARSHIPS OR FEDERAL AID 

Students who are convicted of criminal charges while attending college or university, or who have violated their school’s code of conduct in other significant ways, can lose their eligibility for federal aid, financial aid and scholarship programs.

If you’re currently receiving federal aid and are given a federal or state drug conviction during the academic school year, not only can the aid be suspended, but you may be liable for refunding any federal aid you already received during the current loan period during which the conviction occurred.

Students convicted of drug charges who have had their financial aid suspended can sometimes become re-eligible for federal aid by completing an approved drug rehabilitation program and passing a drug test from an approved facility.  

Individuals who have been convicted of certain sexual offenses make them ineligible for a Federal Pell Grant.

CRIMINAL CHARGES AND SUSPENSIONS APPEAR ON YOUR RECORDS

A criminal arrest, regardless if you were convicted, can remain on your permanent record. Individuals who have been arrested, even for minor crimes such as walking in public with an open beer can while a student, may have a more challenging time finding employment. This is because many employers run background checks when evaluating a candidate for potential employment, and the results of the candidate’s criminal record might be discovered.  In a job market that’s already over-saturated, having a criminal arrest on your record can impact your immediate and long-term future.

Also, if you are consequently suspended from your college or university following a criminal charge, your school suspension will remain on your academic record, which can make it more difficult to be admitted to other schools in the future.

EXPUNGEMENT OF YOUR PERMANENT RECORD

It’s sometimes possible to have an arrest record cleared, which is a process called expungement. 

Unlike many other US states where a criminal record may be able to be expunged even in cases where the defendant was found guilty, the official policy here in Virginia is that expungement is available only to persons are found to be innocent of a crime or granted an absolute pardon. However, depending on how the court paperwork was processed, even if you were not totally innocent, our experienced expungement attorneys in Virginia at Cook Attorneys may be in a position to help.  It is good to have knowledgeable and experienced lawyers to represent you in the first place so that we may be able to set the case up properly for the possibility of expungement.   

WE CAN  HELP YOU GET BACK ON TRACK

Here at Cook Attorneys, we’re in the business of helping good people overcome bad situations. We understand how isolated incidents can have a devastating impact on a student’s future. We can help you get back on track with effective local representation from our experienced Harrisonburg lawyers for students. And if you’re an out-of-state parent of a student enrolled in a college or university in the Harrisonburg area, don’t worry. We are here to support you and your son or daughter. 

Contact us for a free criminal defense consultation for college students or fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

As criminal defense lawyers in Harrisonburg, VA, our team at Cook Attorneys tries cases for those in our community who need legal defense. However, until the time comes when someone is going to attend a trial and needs legal representation, most individuals are unaware of what happens during a trial.

This blog will focus on the criminal trial process. In a criminal case, a trial determines whether the accused is guilty or not guilty. Every defendant is presumed to be innocent until he is proven guilty. 

Read on to learn more about the steps of a trial and how to prepare for trial.

THE KEY PLAYERS IN A TRIAL

Criminal cases are officially brought to court by the government. The lawyer who represents the government in the trial is known as a prosecutor. The role of the prosecutor is to present evidence sufficient to prove the guilt of the person or business accused of the crime. 

The prosecutor holds the responsibility of proving the defendant’s guilt beyond a reasonable doubt. Conversely, the defendant is not required to prove his innocence. If the prosecutor is unable to prove the guilt of the defendant beyond a reasonable doubt, the accused will be found not guilty.

The attorney who represents the accused is the defense attorney. While those who cannot afford an attorney are assigned a defense attorney by the court, many defendants choose to retain (hire) a criminal attorney to defend them against the charges brought by the prosecutor.

Criminal trials in the General District Court and the Juvenile and Domestic Relations Court are bench trials; that is, the case is decided by a judge. In the Circuit Court, the case may be tried as a bench trial or as a jury trial. 

In a jury trial, members of the community decide whether the prosecutor has proven that the accused is guilty. Virginia is one of the few states where, if the defendant requests it, the jury also makes a recommendation regarding the sentence. In most cases in Virginia, however, as in most states and in federal court, the judge, not the jury, determines the sentence.

WHAT HAPPENS DURING A TRIAL? OVERVIEW OF A CRIMINAL TRIAL PROCESS

As one of the first steps in the criminal trial process, opening statements are given by one or both sides by the prosecution and/or defense. These statements sometimes provide an overview of the case and summarize the evidence and sometimes alert the judge or the jury to the important issues they need to watch for during the trial.

Because the burden of proof rests on the prosecution, they are given the first opportunity to present evidence, usually the testimony of witnesses and the presentation of physical evidence. 

The defense is given the opportunity to present evidence; but in a criminal case, there is no requirement that evidence be presented.

After the presentation of closing statements by both the prosecution and the defense, the judge or the jury will consider all the evidence and the law of the case before rendering a verdict.

If the defendant is found guilty of the charges, the judge or the jury will consider additional evidence—such as the defendant’s prior record, evidence of the defendant’s character, or victim impact evidence—before announcing the sentence. Of course, if the person is found not guilty, then he is free to go.

HOW TO PREPARE FOR TRIAL?

A good lawyer will help you prepare for trial, but there are things you can do for maximum preparedness. 

• Read the complaint. This is the document that is accusing you of something. Knowing what it says in detail will help your defense and make sure you’re not wasting time. 
• Gather evidence and prepare witnesses. Your attorney will be very helpful during this phase of preparing for trial, but you will still probably need to gather documents, provide financial evidence, etc.
• Consult with your lawyer. You are not alone. Your attorney will be invaluable as you prepare for trial, helping you understand where to focus your attention and preparing you for anything the prosecution might throw your way.

Just remember as you prepare for trial that a lot of the outcome depends on your preparedness. Cook Attorneys is available to help along each step of the way and coach you for the best possible outcome.

WHAT IS THE ROLE OF LAWYERS IN A TRIAL?

During a trial, lawyers are the ones who call witnesses, and cross-examine the witnesses for the prosecution. They are well-versed in the law and can help you execute the strategy you put together before the trial.

You will have a choice in your defense. So what is the difference between a court appointed attorney vs private attorney?

• Court-appointed attorneys are public defenders who are often pressed for time, overworked, and under-resourced. Whether they have a year of experience or several decades, they don’t always have the resources they need to spend as much time as necessary on your case to get you a great outcome.
• Private attorneys are ones that you hire based on your need. They usually have more time and resources to focus solely on your case, and they will work for you to get the best possible results.

GET HELP FROM AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

As you can see, a good defense lawyer can make the criminal trial process easier for you. Experienced lawyers like those at Cook Attorneys can help you have a higher chance to dismiss the charge or reduce it to a less serious offense.

We offer free criminal case consultations for most criminal cases. If you’re ready to get started, please fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

THE RIGHTS YOU LOSE FOLLOWING A FELONY CONVICTION

When someone is convicted of a felony in the State of Virginia, they automatically lose their civil rights. These rights include:

• The right to vote
• The right to serve on a jury
• The right to run for elected office
• The right to become a notary public
• The right to carry a firearm

Our team of attorneys in Harrisonburg VA are frequently asked about the process for how to get gun rights restored in VA.

RESTORATION OF VIRGINIA FIREARMS RIGHTS

Following a felony conviction in a Virginia state court, before you can request the restoration of your right to purchase and possess a firearm, you must first petition the Governor of Virginia for the restoration of the other rights lost as a result of the conviction, rights such as the right to vote, the right to hold public office, and the right to sit on a jury.  

The Constitution of Virginia gives the Governor (and only the Governor) power to have those civil rights restored. 

This first step in the process can be taken by contacting the Secretary of the Commonwealth’s office which you can do online. 

Here, you can check the status of your civil rights, print a restoration of rights contact form and request for your rights to be restored.

Individuals requesting restoration of their civil rights following a felony conviction in Virginia will be considered by the Secretary of the Commonwealth’s office in the order in which the felon was released from supervision.

However, the Governor does not have the power to return gun possession rights to citizens. To be considered for gun rights restoration, once you have received the restoration of your civil rights, and if you are eligible, you must next make an application to either the Circuit Court where you live or the Circuit Court where you were convicted. 

CONVICTIONS FOR WHICH THE PROCESS WON’T WORK

Not everyone who has been convicted of a felony will be eligible to have their firearms rights restored, even after their other civil rights are restored by the Governor. Virginia will not consider restoring your gun rights if your felony conviction is from another state or from federal court (even a federal court in Virginia).  Because there is no process in federal law to obtain restoration of gun rights after a federal court felony conviction, the only path available is a Presidential Pardon. Click here for more information on the federal pardon process.

Individuals who have been convicted of a misdemeanor crime of domestic violence cannot possess a firearm under federal law.  There is currently no process for such persons to request restoration of gun rights. This area of the law is complicated by the interplay of federal and state law in a way that likely was unintended but has not yet been addressed by the Virginia legislature.  If you have been convicted of assault and battery on a family member or a similar offense, speak with a lawyer for further information regarding you right to possess a firearm.

WE CAN SUPPORT YOU 

If you’re looking for a Harrisonburg VA lawyer who can assist you with your Virginia gun rights restoration petition, our attorney Scott T. Hansen has helped numerous clients successfully regain their right to possess a firearm.  We can help you to determine your eligibility, file your petition, guide you through the process, and advocate for your gun rights restoration.

Contact us for a consultation. We will work to achieve the best possible outcome for your case.