What does a pending charge mean? What do you tell your employer? Are you eligible for bail? If you or a loved one have criminal charges brought against you—either you have been arrested by a law enforcement officer, or you have been issued a summons to appear in court to face an allegation of a criminal offense—you probably have a lot of questions.

Every circumstance is different, so you should contact an experienced local lawyer such as the criminal defense lawyers at Cook Attorneys with questions or concerns about your pending charges. In this post, however, we will generally address some common questions our clients ask us.

WHAT IS A PENDING CHARGE?

A pending charge in Virginia usually means that a person has been arrested and is awaiting trial or sentencing. If someone has accused you of a crime, but no official charges have been placed, then you are still under investigation.

This post today is about pending charges, not allegations that are still being investigated but no formal charges have been made.

WHAT DO I TELL MY EMPLOYER?

In Virginia, most employees can be terminated for almost any reason or no reason—including for the reason that the employee has been arrested and accused of committing a crime, even if not yet convicted.

An employee facing criminal charges should always be honest with the employer and assume that the employer will eventually learn of the charges. While not every employee needs to volunteer the information to the employer, many employees who lie to the employer are terminated for lying where the employer may have been willing to work with the employee throughout the long process of the pending criminal case.

Many times the employer needs to be told about the situation where the employee will be required to miss work multiple times for attorney visits or court appearances and where some aspect of the employment will be affected by the pending charges. For example, some employees who drive as part of their job may lose their licences while the case is pending, or other employees may be prohibited from entering certain places such as schools while awaiting trial.

These issues and others regarding pending criminal charges and employment should be discussed with a lawyer who can advise you in particular about your charges and your employer.

AM I ELIGIBLE FOR BAIL?

When a person is arrested, a judicial officer determines whether bail is appropriate by considering the nature of the charges and the history of the accused to determine whether he is a flight risk or a danger to the community. Most people who are not currently on probation should be eligible for bail unless charged with an offense listed under subsection B here for which there is a presumption that bail is not appropriate.

In Virginia, the determination of bail is usually initially made by a magistrate at the time of the arrest, but thereafter a judge can review and redetermine the appropriateness of bail and the amount of the bond required to be posted.

AM I ALLOWED TO PURCHASE A FIREARM?

For those who are otherwise eligible to purchase a firearm, any person who has been indicted for a felony charge may not purchase a firearm while the charge is pending in the Circuit Court. For more information, visit the State Police website or contact Cook Attorneys today.

WILL NEWS OF MY ARREST GET OUT TO THE PUBLIC?

Unfortunately, the fact that an adult has been arrested is publically available and will remain on the public record until the arrest is expunged. Some tabloid papers in the Harrisonburg area actually request all the mugshots from the sheriff and publish each week the photograph, name, and charge for those arrested and booked at the jail.

Once in court, the court records are open to the public, and some enterprising local journalists will occasionally look through the court files and publish information about cases they find to be of interest. And the local newspaper each month publishes the names of all the defendants indicted by the grand jury in Circuit Court.

HOW WILL THIS AFFECT A JOB APPLICATION?

While prospective employers should only be concerned about prior convictions, more and more commercial background checks are now unearthing prior arrests as well. Therefore, you should be truthful if you are asked about your arrest and/or conviction history, including pending charges.

HOW DO I CHECK THE STATUS OF PENDING VIRGINIA CASES?

To check the status of your case, go to http://www.courts.state.va.us/ and click on “Case Status and Information” on the left side of the screen. While the information is mostly accurate, there may be updates that have not posted yet, or there may be information that was logged onto the wrong case (data entry errors).

If you have questions about the status of a case that are not answered by checking the public records, contact the court directly.

HOW LONG WILL A PENDING CHARGE BE IN THE PUBLIC RECORD?

In Virginia, charges that do not result in convictions will stay on the public record until you request that they be removed through the expungement process. However, under current law, a charge that results in a conviction (even a misdemeanor) can never come off your record.

There is a bill pending in the Virginia General Assembly that, if enacted, would change the law of expungement to provide greater opportunities to remove some convictions after a period of time, and if the law does change, we will address that in a later post to this blog.

If you have questions about pending charges or obtaining an expungement of prior arrests, contact Cook Attorneys for help.

If your question wasn’t answered here, or if you’d like to speak to an attorney for peace of mind, Cook Attorneys in Harrisonburg, Virginia is here to help. Contact us by calling 540-564-9699 or filling out the form below.

What does a pending charge mean? What do you tell your employer? Are you eligible for bail? If you or a loved one have criminal charges brought against you—either you have been arrested by a law enforcement officer, or you have been issued a summons to appear in court to face an allegation of a criminal offense—you probably have a lot of questions. 

Every circumstance is different, so you should contact an experienced local lawyer such as the criminal defense lawyers at Cook Attorneys with questions or concerns about your pending charges. In this post, however, we will generally address some common questions our clients ask us. 

WHAT IS A PENDING CHARGE?

A pending charge in Virginia usually means that a person has been arrested and is awaiting trial or sentencing. If someone has accused you of a crime, but no official charges have been placed, then you are still under investigation. 

This post today is about pending charges, not allegations that are still being investigated but no formal charges have been made.

DO PENDING CRIMINAL CHARGES AFFECT EMPLOYMENT?

Can an employer fire you for pending charges? In Virginia, most employees can be terminated for almost any reason or no reason—including for the reason that the employee has been arrested and accused of committing a crime, even if not yet convicted.

An employee facing criminal charges should always be honest with the employer and assume that the employer will eventually learn of the charges. While not every employee needs to volunteer the information to the employer, many employees who lie to the employer are terminated for lying where the employer may have been willing to work with the employee throughout the long process of the pending criminal case.

Many times the employer needs to be told about the situation where the employee will be required to miss work multiple times for attorney visits or court appearances and where some aspect of the employment will be affected by the pending charges. 

For example, some employees who drive as part of their job may lose their licences while the case is pending, or other employees may be prohibited from entering certain places such as schools while awaiting trial. 

These issues and others regarding pending criminal charges and employment should be discussed with a lawyer who can advise you in particular about your charges and your employer. 

AM I ELIGIBLE FOR BAIL?

When a person is arrested, a judicial officer determines whether bail is appropriate by considering the nature of the charges and the history of the accused to determine whether he is a flight risk or a danger to the community. 

Most people who are not currently on probation should be eligible for bail unless charged with an offense listed under subsection B here for which there is a presumption that bail is not appropriate. 

In Virginia, the determination of bail is usually initially made by a magistrate at the time of the arrest, but thereafter a judge can review and redetermine the appropriateness of bail and the amount of the bond required to be posted.

AM I ALLOWED TO PURCHASE A FIREARM?

For those who are otherwise eligible to purchase a firearm, any person who has been indicted for a felony charge may not purchase a firearm while the charge is pending in the Circuit Court. For more information, visit the State Police website or contact Cook Attorneys today.

WILL NEWS OF MY ARREST GET OUT TO THE PUBLIC?

Unfortunately, the fact that an adult has been arrested is publically available and will remain on the public record until the arrest is expunged. Some tabloid papers in the Harrisonburg area actually request all the mugshots from the sheriff and publish each week the photograph, name, and charge for those arrested and booked at the jail. 

Once in court, the court records are open to the public, and some enterprising local journalists will occasionally look through the court files and publish information about cases they find to be of interest. And the local newspaper each month publishes the names of all the defendants indicted by the grand jury in Circuit Court.

HOW WILL THIS AFFECT A JOB APPLICATION?

Regarding pending felony charges and getting a job: while prospective employers should only be concerned about prior convictions, more and more commercial background checks are now unearthing prior arrests as well. Therefore, you should be truthful if you are asked about your arrest and/or conviction history, including pending charges.

HOW CAN A BACKGROUND CHECK AFFECT ME?

Virginia background check laws allow employers to check the background of any potential employee. In some jobs, the checks are required. 

This could make you wonder, “Do pending charges show up on pre-employment background checks?” The answer is, not always. Your particular Virginia background check for employment may or may not show pending charges, depending on who your employer uses as their background check company.

HOW DO I CHECK THE STATUS OF PENDING VIRGINIA CASES?

To check the status of a pending or past case in Virginia, go to http://www.courts.state.va.us/ and click on “Case Status and Information” on the left side of the screen. While the information is mostly accurate, there may be updates that have not posted yet, or there may be information that was logged onto the wrong case (data entry errors). 

If you have questions about the status of a case that are not answered by checking the public records, contact the court directly.

HOW LONG WILL A PENDING CHARGE BE IN THE PUBLIC RECORD?

In Virginia, charges that do not result in convictions will stay on the public record until you request that they be removed through the expungement process. However, under current law, a charge that results in a conviction (even a misdemeanor) can never come off your record.
There is a bill pending in the Virginia General Assembly that, if enacted, would change the law of expungement to provide greater opportunities to remove some convictions after a period of time, and if the law does change, we will address that in a later post to this blog.

If you have questions about pending charges or obtaining an expungement of prior arrests, contact Cook Attorneys for help.

If your question wasn’t answered here, or if you’d like to speak to an attorney for peace of mind, Cook Attorneys in Harrisonburg, Virginia is here to help. Contact us by calling 540-564-9699 or filling out the form below.

Identity theft happens to more people than you’d think, and it can take months or even years to clear up. But what is the difference between identity theft and impersonation? 

What do you do if you suspect someone has stolen your credit card? How do you find out your options if you have been accused of identity theft?

THE DIFFERENCE BETWEEN IDENTITY THEFT AND IMPERSONATION

As you look into the laws of identity theft, you will run across the terms “impersonation” and “criminal impersonation.” While identity theft involves impersonation, impersonation doesn’t always mean identity theft has occurred. 

For instance, if someone puts your name and phone number on Craigslist and says that you are selling a 1918 Model T car, and then you get a lot of calls from people wanting to buy your Model T (which you don’t have)—well, that’s annoying, but it’s considered impersonation. 

The impersonator didn’t cause any harm to your credit, steal your information in order to steal your money, or do anything to warrant the fines or jail sentence typical for identity thieves. 

But if that same person used your bank account information and credit card number, said they were you, and took out some money or a loan to buy their own 1918 Model T car—then that is identity theft/fraud and should be prosecuted under the law. 

In some cases, impersonation is considered criminal; this would be if someone called your house pretending to sell Girl Scout cookies, but they weren’t with the Girl Scouts. 

Or if someone pretended to be a police officer in order to get away with something. This can have serious consequences by law. 

Visit this article to learn more about what is criminal impersonation.

IDENTIFY THEFT/FRAUD IN VIRGINIA

Identity Theft is considered a white collar crime; visit our blog to understand more about white collar crimes in just 2 minutes! 

Every state in the USA takes identity theft seriously. The state of Virginia imposes fines, demands restitution, and puts people in jail if they catch them in this crime. The severity of the case and the number of people affected has an impact on the level of sentence. 

WHAT TO DO IF YOU ARE THE VICTIM OF AN IDENTITY CRIME

If you believe that you or a loved one has been the victim of impersonation (sometimes called online impersonation), criminal impersonation, or identity theft/fraud, you should call the police and a local attorney who can answer your identity theft questions. 

Cook Attorneys is, of course, here to help you any time. 

In addition, the Attorney General of the State of Virginia has some helpful tips and instructions on what to do as a victim or suspected victim.

HOW TO PREVENT IDENTITY THEFT

While no one can guarantee that you will be safe from this crime, there are some smart steps you can take to protect yourself and your children from identity theft. These steps include:

• Not typing personal data into computers on a public wifi network (even if they are password-protected).
• Checking your children’s credit regularly, so no one can give them bad credit before they are even old enough for it.
• Not giving out your social security number to people.

Check out this for more tips and tricks on how to prevent identity theft.

For answers to almost any question about identity theft and its consequences, read this information from Consumer Action.

WHAT TO DO IF SOMEONE IS ACCUSING YOU OF IDENTITY THEFT

Sometimes, you use someone else’s personal information for their benefit. You use your minor child’s information to make them a doctor’s appointment. 

You use your spouse’s or your roommate’s information to pay an electric bill. These things are permissible by law.

What is not permissible is using someone else’s personal information (even if you have legally accessed it) to intentionally cause harm to their finances, credit, taxes, etc. 

An identity theft charge must prove intent to defraud a person or group of people. If someone is bringing that charge against you, consult an attorney immediately to find out what your options are. 

Cook Attorneys are knowledgeable about Virginia identity theft laws and willing to talk to you any time about identity theft facts.

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

It is estimated that there are more than 350,000 firearms in Virginia, and the Virginia General Assembly is in the process of drastically changing state gun laws in 2020 and 2021. 

Here in this blog post from our team of lawyers in Harrisonburg, VA, we want to help you gain a general understanding of the federal criminal laws relating to firearm possession and use. 

Federal laws are enacted by the U.S. Congress, signed into law by the President, and violations of those laws are prosecuted in the federal courts. Here in Harrisonburg Virginia, the United States District Court is located in the old post office on Main Street, next to Blessed Sacrament Catholic Church.

If you or someone in your family is facing federal gun charges in Harrisonburg or in another federal court in western Virginia such as Charlottesville or Roanoke, you should contact an experienced local criminal attorney (abogado criminalista). Our team at Cook Attorneys can defend you against those charges.

STATE GUN CRIMES & CHARGES

Most criminal offenses, including gun charges, are enacted by state legislatures and prosecuted in state courts. Here in Virginia, for example, it is a crime to possess a concealed weapon without a permit, to brandish a firearm in a threatening way, to possess any firearm if you’ve been convicted of a felony, and to use a firearm in the commission of a felony. Firearms charges like these and others are regularly prosecuted in our state courts.

The legislature of each state decides what acts will be prohibited in that state, and when we are talking about firearms, there is a vast difference between what the various states criminalize.  There are a wide array of approaches among the states to regulating the purchase, possession, registration, and use of firearms. 

FEDERAL FIREARMS CRIMES & CHARGES

What are the federal gun laws? Just as the states take their own approaches to what constitutes a gun crime in each state, the federal government also has its own approach, and there are differences between what is criminal under federal gun law and what is criminal under Virginia gun law. 

Over the past 90 years, Congress has occasionally passed gun control legislation in dramatic fashion to regulate firearms throughout the nation, for example:

• National Firearms Act (1934): Type II weapons need to be registered.
• Federal Firearms Act (1938): Prohibits the transfer of weapons to certain persons. Dealers are required to have a license.
• Omnibus Crime Control & Safe Streets Act (1968): Interstate handgun trade banned, Minimum age increased to 21 to purchase handgun.
• Gun Control Act (1968): Interstate gun transfers are prohibited except for dealers.
• Firearm Owners Protection Act (1986): Prohibits sale of automatic weapons to civilians.
• Undetectable Firearms Act (1988): Bans the sale and possession of guns with less than 3.7oz metal content.
• Gun Free School Zones Act (1990): Prohibits possession of a firearm in a school zone.
• Brady Handgun Violence Prevention Act (1993): Background checks are required on gun purchases.
• Federal Assault Weapons Ban (1994): Banned large capacity magazines (expired 2004).
• Protection of Lawful Commerce in Arms Act (2005): Dealers and manufacturers of firearms are exempt from negligence claims.

Most federal firearms prosecutions in the United States today allege violations of 18 U.S.C. § 922 and 18 U.S.C. § 924.  

Much that is found in those lengthy statutes is concerned with the manufacture and sale of firearms in the United States, but the cases we usually see in the Western District of Virginia allege violations of § 922(g) or § 924(c).

Section 922(g) lists the categories of people who cannot (under federal law) possess a firearm.  These categories include:

• Felons
• Fugitives
• Drug addicts
• Persons committed to a mental institution
• Certain aliens, including those unlawfully present in the U.S.
• Persons dishonorably discharged from the military
• Persons subject to certain protective orders
• Persons convicted of domestic violence misdemeanors

Some of these categories of people are permitted under Virginia law to possess a firearm.  For example, a man convicted of assault and battery against his wife is only disqualified for three years under Virginia law from possessing a firearm, but he is permanently disqualified under federal law. If while hunting in Virginia he comes across a DGIF game warden or another state law enforcement officer, he may not be charged with a firearm possession offense; if he encounters a federal officer such as an ATF agent or a National Park Service ranger, he can be arrested and charged.

Section 924(c) makes it an additional charge to possess a firearm in the commission of a federal drug trafficking offense or a federal crime of violence. These tacked-on gun charges carry severe penalties with draconian mandatory minimum sentences that jump even higher if the firearm was brandished or discharged in the commission of the offense. 

Many of the lengthy federal prison sentences handed down today are because of these added-on mandatory sentences, and attempts at sentencing reform have and will continue to start with this statute.

In our federal system of government, the national government is supposedly limited in its authority to enact criminal laws. There must be some national interest in order to exercise criminal jurisdiction over an individual. However, for the federal prosecutor in Virginia, this is a mere technicality. 

Some gun crimes are prosecuted in federal court because the act occurred on federal property such as the Shenandoah National Park. But in all firearms cases, jurisdiction can be found in the interstate commerce clause: if the firearm has ever crossed a state line, then the federal court has jurisdiction. Since there are no firearms manufacturers in Virginia, all firearms found in Virginia have necessarily passed in interstate commerce.

DEFENDING AGAINST FIREARMS/GUN CARRY CHARGES

Our experienced Federal criminal lawyers at Cook Attorneys can help you by providing the best defense for your unique case. There are many strategies for defending clients who are facing federal gun charges, and the strategy will be different for each case depending on the specific facts of the case. 

When you’re searching for a criminal lawyer in western Virginia, we invite you to contact us. We can provide support in multiple languages and offer free consultations for most criminal cases.

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

It is estimated that there are more than 350,000 firearms in Virginia, and the Virginia General Assembly is in the process of drastically changing state gun laws in 2020 and 2021. 

Here in this blog post from our team of lawyers in Harrisonburg, VA, we want to help you gain a general understanding of the federal criminal laws relating to firearm possession and use. 

Federal laws are enacted by the U.S. Congress, signed into law by the President, and violations of those laws are prosecuted in the federal courts. Here in Harrisonburg Virginia, the United States District Court is located in the old post office on Main Street, next to Blessed Sacrament Catholic Church.

If you or someone in your family is facing federal gun charges in Harrisonburg or in another federal court in western Virginia such as Charlottesville or Roanoke, you should contact an experienced local criminal attorney (abogado criminalista). Our team at Cook Attorneys can defend you against those charges.

STATE GUN CRIMES & CHARGES

Most criminal offenses, including gun charges, are enacted by state legislatures and prosecuted in state courts. Here in Virginia, for example, it is a crime to possess a concealed weapon without a permit, to brandish a firearm in a threatening way, to possess any firearm if you’ve been convicted of a felony, and to use a firearm in the commission of a felony. Firearms charges like these and others are regularly prosecuted in our state courts.

The legislature of each state decides what acts will be prohibited in that state, and when we are talking about firearms, there is a vast difference between what the various states criminalize.  There are a wide array of approaches among the states to regulating the purchase, possession, registration, and use of firearms. 

FEDERAL FIREARMS CRIMES & CHARGES

What are the federal gun laws? Just as the states take their own approaches to what constitutes a gun crime in each state, the federal government also has its own approach, and there are differences between what is criminal under federal gun law and what is criminal under Virginia gun law. 

Over the past 90 years, Congress has occasionally passed gun control legislation in dramatic fashion to regulate firearms throughout the nation, for example:

• National Firearms Act (1934): Type II weapons need to be registered.
• Federal Firearms Act (1938): Prohibits the transfer of weapons to certain persons. Dealers are required to have a license.
• Omnibus Crime Control & Safe Streets Act (1968): Interstate handgun trade banned, Minimum age increased to 21 to purchase handgun.
• Gun Control Act (1968): Interstate gun transfers are prohibited except for dealers.
• Firearm Owners Protection Act (1986): Prohibits sale of automatic weapons to civilians.
• Undetectable Firearms Act (1988): Bans the sale and possession of guns with less than 3.7oz metal content.
• Gun Free School Zones Act (1990): Prohibits possession of a firearm in a school zone.
• Brady Handgun Violence Prevention Act (1993): Background checks are required on gun purchases.
• Federal Assault Weapons Ban (1994): Banned large capacity magazines (expired 2004).
• Protection of Lawful Commerce in Arms Act (2005): Dealers and manufacturers of firearms are exempt from negligence claims.

Most federal firearms prosecutions in the United States today allege violations of 18 U.S.C. § 922 and 18 U.S.C. § 924.  

Much that is found in those lengthy statutes is concerned with the manufacture and sale of firearms in the United States, but the cases we usually see in the Western District of Virginia allege violations of § 922(g) or § 924(c).

Section 922(g) lists the categories of people who cannot (under federal law) possess a firearm.  These categories include:

• Felons
• Fugitives
• Drug addicts
• Persons committed to a mental institution
• Certain aliens, including those unlawfully present in the U.S.
• Persons dishonorably discharged from the military
• Persons subject to certain protective orders
• Persons convicted of domestic violence misdemeanors

Some of these categories of people are permitted under Virginia law to possess a firearm.  For example, a man convicted of assault and battery against his wife is only disqualified for three years under Virginia law from possessing a firearm, but he is permanently disqualified under federal law. If while hunting in Virginia he comes across a DGIF game warden or another state law enforcement officer, he may not be charged with a firearm possession offense; if he encounters a federal officer such as an ATF agent or a National Park Service ranger, he can be arrested and charged.

Section 924(c) makes it an additional charge to possess a firearm in the commission of a federal drug trafficking offense or a federal crime of violence. These tacked-on gun charges carry severe penalties with draconian mandatory minimum sentences that jump even higher if the firearm was brandished or discharged in the commission of the offense. 

Many of the lengthy federal prison sentences handed down today are because of these added-on mandatory sentences, and attempts at sentencing reform have and will continue to start with this statute.

In our federal system of government, the national government is supposedly limited in its authority to enact criminal laws. There must be some national interest in order to exercise criminal jurisdiction over an individual. However, for the federal prosecutor in Virginia, this is a mere technicality. 

Some gun crimes are prosecuted in federal court because the act occurred on federal property such as the Shenandoah National Park. But in all firearms cases, jurisdiction can be found in the interstate commerce clause: if the firearm has ever crossed a state line, then the federal court has jurisdiction. Since there are no firearms manufacturers in Virginia, all firearms found in Virginia have necessarily passed in interstate commerce.

DEFENDING AGAINST FIREARMS/GUN CARRY CHARGES

Our experienced Federal criminal lawyers at Cook Attorneys can help you by providing the best defense for your unique case. There are many strategies for defending clients who are facing federal gun charges, and the strategy will be different for each case depending on the specific facts of the case. 

When you’re searching for a criminal lawyer in western Virginia, we invite you to contact us. We can provide support in multiple languages and offer free consultations for most criminal cases.

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