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!

 

Because transparency is essential to accountability and trust in a democratic republic, Virginia law provides for generous public access to governmental records, including Virginia arrest records. While this openness is mostly a good thing in theory, wide public access to arrest records can be detrimental to individuals who have been convicted or even just arrested for a crime in Virginia.

 

PUBLIC RECORDS IN VIRGINIA

There are more than 75 million public records in Virginia. The Freedom of Information Act (FOIA) entitles anyone to view and make copies of records held by ‘public bodies.’ In this context, a public body includes a state agency, a board or legislative body of a county, city or town, a planning committee, a zoning board, a school board, and even an organization funded principally through public funds.

 

HOW TO ACCESS PUBLIC RECORDS IN VIRGINIA

The principal legal mechanism to obtain Virginia public records is the Freedom of Information Act (FOIA), a statute which requires public bodies to respond to requests for public records. You may contact any Virginia public body directly (including by email) to request access to a public record in their domain. While verbal requests for records are sufficient to trigger FOIA, we recommend making your request in writing to ensure the clear conveyance of the details of the request. Here is a sample message request template you can use for an email or postal mail communication.

The issuing public body may charge a nominal fee to produce requested records, in order to cover their cost for accessing, copying, and providing records. Per Virginia Code § 2.2-3704(B), public bodies are required to fulfill requests for public records within five business days. If necessary, the public body may request an additional seven days to fulfill the request.

Keep in mind though, that there are many types of records in Virginia that are exempt from the requirements of FOIA and the agency will refuse to produce. These include the following:

• Personnel records, legal memoranda, and examination materials
• Records relating to public safety
• Records relating to administrative investigations
• Educational records and certain records of educational institutions
• Health and social service records
• Proprietary records and trade secrets
• Records of specific public bodies and certain other limited exceptions
• Certain information in criminal records, such as the identity of a victim

However, many public records in Virginia are published online, making a FOIA request unnecessary.  For example, many criminal court records are readily accessible through the Virginia Judiciary Online Case Information System. That database includes records from most Circuit Courts and General District Courts across the state; however, cases in the Juvenile and Domestic Relations Courts are not included.

 

CRIMINAL ARREST AND CONVICTION RECORDS IN VIRGINIA

Criminal records in Virginia can be located in a number of different places depending on the type of records being sought. The law enforcement agency such as the police or sheriff’s department involved in the investigation and arrest for a crime will have the police reports detailing witness statements and other components of the investigation such as items of evidence, photographs and body camera footage. The local jail will also have booking photos and information about the criminal accusation. 

The Courts will have documentation about the charge and the records of the legal process. The Court record is located in the court clerk’s office and may contain warrants, indictments, pleadings, subpoenas, motions, orders, transcripts, and—importantly—a final order disposing of the case. In most criminal cases, the final order is a Sentencing Order which sets out the crime for which the defendant was convicted and the penalties imposed by the Court.

As you can see, criminal records are scattered in many different offices throughout the state, and finding records can be as difficult as a camel passing through the eye of the needle. We expect, however, that during the upcoming decade many of these records, especially the court records, will be made publicly available on the internet. Our federal court cases are already available through a service called PACER, and when Virginia’s court system gets their act together, accessing court documents will be much easier.

Currently, there is a statewide computerized clearinghouse for summaries of criminal records called the Virginia Criminal Information Network (VCIN) which is available only to law enforcement. Linked into the National Criminal Information Center (NCIC), VCIN compiles information regarding arrests and prosecutions from law enforcement agencies across the state and is the only place where a person’s “criminal record” can be accessed in one place. Police officers, prosecutors, courts and probation officers can access VCIN subject to very strict rules prohibiting dissemination of the information.

 

HOW LONG DO CONVICTIONS STAY ON A RECORD IN VIRGINIA?

Unlike many states, Virginia convictions remain on a person’s “record” forever. Even after the General District Court has destroyed the misdemeanor paperwork and deleted the information about a conviction from the court’s computers, the conviction stands and a person, when required to disclose prior offenses, must truthfully say that he was convicted. The court paperwork for felony convictions, on the other hand, is kept by the Circuit Court permanently unless expunged or otherwise lawfully sealed.

Earlier this year, proposals in the Virginia General Assembly to expand expungement were delayed to 2021, so it is possible that Virginia will soon join most other states and provide an opportunity to formally erase some old, minor convictions from a person’s record.

 

OUR LOCAL CRIMINAL ATTORNEYS ARE HERE TO SUPPORT YOU

Preventing an Arrest Record

As always, the best way to avoid an arrest record is to avoid being arrested. But if you’re facing criminal charges, even if only for a misdemeanor, the support of an experienced local defense attorney can protect you from the unforseen consequences of a conviction. Under Virginia law, any conviction will remain permanently on your criminal record, which can lead to difficulty obtaining future employment, schooling or housing. Even having a charge reduced to a lower-level misdemeanor can sometimes provide significant benefits down the road to you and your family.  

Initiating a Public Records Lawsuit

If you have contacted a public body with a request for a public record within their domain, and they have denied or ignored your request, they are in violation of the Virginia Freedom of Information Act. If you have been unable to resolve the matter on your own, we can initiate a public records lawsuit on your behalf.

Expungement Services

In some states, a criminal record may be eligible for expungement, even in cases where a defendant is found guilty. However in Virginia, expungement is limited to charges that were dismissed and may depend on how the court paperwork was processed.  Contact our experienced expungement attorneys at Cook Attorneys to see if we can help.

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

 

Because transparency is essential to accountability and trust in a democratic republic, Virginia law provides for generous public access to governmental records, including Virginia arrest records. While this openness is mostly a good thing in theory, wide public access to arrest records can be detrimental to individuals who have been convicted or even just arrested for a crime in Virginia.

 

PUBLIC RECORDS IN VIRGINIA

There are more than 75 million public records in Virginia. The Freedom of Information Act (FOIA) entitles anyone to view and make copies of records held by ‘public bodies.’ In this context, a public body includes a state agency, a board or legislative body of a county, city or town, a planning committee, a zoning board, a school board, and even an organization funded principally through public funds.

 

HOW TO ACCESS PUBLIC RECORDS IN VIRGINIA

The principal legal mechanism to obtain Virginia public records is the Freedom of Information Act (FOIA), a statute which requires public bodies to respond to requests for public records. You may contact any Virginia public body directly (including by email) to request access to a public record in their domain. While verbal requests for records are sufficient to trigger FOIA, we recommend making your request in writing to ensure the clear conveyance of the details of the request. Here is a sample message request template you can use for an email or postal mail communication.

The issuing public body may charge a nominal fee to produce requested records, in order to cover their cost for accessing, copying, and providing records. Per Virginia Code § 2.2-3704(B), public bodies are required to fulfill requests for public records within five business days. If necessary, the public body may request an additional seven days to fulfill the request.

Keep in mind though, that there are many types of records in Virginia that are exempt from the requirements of FOIA and the agency will refuse to produce. These include the following:

• Personnel records, legal memoranda, and examination materials
• Records relating to public safety
• Records relating to administrative investigations
• Educational records and certain records of educational institutions
• Health and social service records
• Proprietary records and trade secrets
• Records of specific public bodies and certain other limited exceptions
• Certain information in criminal records, such as the identity of a victim

However, many public records in Virginia are published online, making a FOIA request unnecessary.  For example, many criminal court records are readily accessible through the Virginia Judiciary Online Case Information System. That database includes records from most Circuit Courts and General District Courts across the state; however, cases in the Juvenile and Domestic Relations Courts are not included.

 

CRIMINAL ARREST AND CONVICTION RECORDS IN VIRGINIA

Criminal records in Virginia can be located in a number of different places depending on the type of records being sought. The law enforcement agency such as the police or sheriff’s department involved in the investigation and arrest for a crime will have the police reports detailing witness statements and other components of the investigation such as items of evidence, photographs and body camera footage. The local jail will also have booking photos and information about the criminal accusation. 

The Courts will have documentation about the charge and the records of the legal process. The Court record is located in the court clerk’s office and may contain warrants, indictments, pleadings, subpoenas, motions, orders, transcripts, and—importantly—a final order disposing of the case. In most criminal cases, the final order is a Sentencing Order which sets out the crime for which the defendant was convicted and the penalties imposed by the Court.

As you can see, criminal records are scattered in many different offices throughout the state, and finding records can be as difficult as a camel passing through the eye of the needle. We expect, however, that during the upcoming decade many of these records, especially the court records, will be made publicly available on the internet. Our federal court cases are already available through a service called PACER, and when Virginia’s court system gets their act together, accessing court documents will be much easier.

Currently, there is a statewide computerized clearinghouse for summaries of criminal records called the Virginia Criminal Information Network (VCIN) which is available only to law enforcement. Linked into the National Criminal Information Center (NCIC), VCIN compiles information regarding arrests and prosecutions from law enforcement agencies across the state and is the only place where a person’s “criminal record” can be accessed in one place. Police officers, prosecutors, courts and probation officers can access VCIN subject to very strict rules prohibiting dissemination of the information.

 

HOW LONG DO CONVICTIONS STAY ON A RECORD IN VIRGINIA?

Unlike many states, Virginia convictions remain on a person’s “record” forever. Even after the General District Court has destroyed the misdemeanor paperwork and deleted the information about a conviction from the court’s computers, the conviction stands and a person, when required to disclose prior offenses, must truthfully say that he was convicted. The court paperwork for felony convictions, on the other hand, is kept by the Circuit Court permanently unless expunged or otherwise lawfully sealed.

Earlier this year, proposals in the Virginia General Assembly to expand expungement were delayed to 2021, so it is possible that Virginia will soon join most other states and provide an opportunity to formally erase some old, minor convictions from a person’s record.

 

OUR LOCAL CRIMINAL ATTORNEYS ARE HERE TO SUPPORT YOU

Preventing an Arrest Record

As always, the best way to avoid an arrest record is to avoid being arrested. But if you’re facing criminal charges, even if only for a misdemeanor, the support of an experienced local defense attorney can protect you from the unforseen consequences of a conviction. Under Virginia law, any conviction will remain permanently on your criminal record, which can lead to difficulty obtaining future employment, schooling or housing. Even having a charge reduced to a lower-level misdemeanor can sometimes provide significant benefits down the road to you and your family.  

Initiating a Public Records Lawsuit

If you have contacted a public body with a request for a public record within their domain, and they have denied or ignored your request, they are in violation of the Virginia Freedom of Information Act. If you have been unable to resolve the matter on your own, we can initiate a public records lawsuit on your behalf.

Expungement Services

In some states, a criminal record may be eligible for expungement, even in cases where a defendant is found guilty. However in Virginia, expungement is limited to charges that were dismissed and may depend on how the court paperwork was processed.  Contact our experienced expungement attorneys at Cook Attorneys to see if we can help.

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

The lawyers at Cook Attorneys in Harrisonburg, VA have extensive experience representing students who have faced alcohol-related charges. Knowing more about Virginia’s alcohol laws—underage drinking laws in particular—can help you to avoid arrest and prosecution. Let’s begin with some history.

 

21ST AMENDMENT

One hundred years ago a temperance movement in the United States pushed for Prohibition and the banning of alcohol. The proponents of Prohibition believed that it would lessen poverty and other positive societal challenges. They succeeded, and the 18th Amendment outlawed the manufacture, sale, and transportation of alcoholic beverages in the United States.

Thirteen years later, in 1933, after prohibition was widely seen as a total failure, the 21st Amendment repealed Prohibition. But the spirit of Prohibition lingered, and the 21st Amendment authorized the individual states to regulate the following alcohol-related matters:

• Alcohol sales within the state
• Alcohol distribution within the state
• Importation of alcohol within the state
• Statutes on who is permitted to possess alcohol within the state

Alcohol laws vary state-by-state, and even among jurisdictions within states. As such, most alcohol laws in the United States are a combination of federal, state, and local laws. An exception however is the national drinking age.

 

NATIONAL MINIMUM DRINKING AGE ACT

The United States Congress passed the National Minimum Drinking Age Act (23 U.S.C.A. § 158) on July 17, 1984, requiring all states to raise the minimum legal drinking age to 21. In some states such as Alabama, Indiana, Kansas, Michigan, North Carolina, Pennsylvania, Vermont, and the District of Columbia, this law is effectively an outright ban.
In other states the purchase of alcohol by individuals underage is illegal, but the possession and consumption of alcohol, in certain circumstances, is not. Virginia is one of these states.
In regard to drinking age, it is illegal in Virginia for anyone under 21 years of age to possess, purchase, or consume any alcoholic beverage such as liquor, wine, and beer (Code of Virginia § 4.1-305), but there are exceptions.

 

EXCEPTIONS TO VIRGINIA’S UNDERAGE DRINKING LAWS

There are legal exceptions to underage drinking in the state of Virginia per Virginia Ann. Code Section 4.1-305(A):

• Someone who is less than 21 years old may drink alcohol in her own home if a parent is present and has authorized it. Parents cannot give consent for anyone other than their own children, and we have defended a number of parents who were charged with permitting underage students who were not their own children to consume alcohol in their home.
• Individuals under 21 may consume alcohol in a private, non-alcohol selling premises such as a party at a private home, under the conditions that their parents have prior knowledge and have given their consent.
• A person under 21 may possess or deliver alcohol as a condition of their employment such as working in a restaurant.

 

PENALTIES FOR UNDERAGE ALCOHOL VIOLATIONS IN VIRGINIA

Breaking Virginia’s alcohol laws can lead to very serious penalties. The only legal advice we can give is this: if you are under 21, do not drink alcoholic beverages.

We are constantly struck by the reaction of students and their parents in our office who are shocked to discover that Virginia police and courts treat underage possession quite harshly. Perhaps in their own families, underage possession and consumption is considered to be ‘minor,’ like a speeding ticket.

But you should know that here in Harrisonburg some police officers are very vigilant when it comes to enforcing the ban on underage drinking, especially in areas of student housing adjacent to James Madison University. Students who attend parties in the Port Republic Road area should arrange a sober driver to take them home at night rather than walk as certain officers monitor that area closely and a stumbling student is a sitting duck.

Anyone under the age of 21 who is convicted of possession of alcohol in Virginia (regardless if they are a resident of the state), can be convicted of a Class 1 misdemeanor, which can carry up to a year in jail, up to a $2,500 fine, and a one year driver’s license suspension. The Virginia statute has been amended several times over the last decade and “possession” now includes having alcohol in your system, proven by a BAC test, by an admission to a police officer, or by exhibiting the effects of intoxication.

The law does provide, in Virginia, for an alternative disposition for first offenders. If you have never been convicted or charged with underage possession of an alcoholic beverage, ask your attorney about an arrangement that allows a person to perform community service and complete substance abuse education that could result in the dismissal of an underage possession charge.

You should also know that it is a separate crime for an underage person to operate a motor vehicle after illegally consuming alcohol, even if the driver is not drunk, and to possess, manufacture, or use any altered or false driver’s license, military or university identification card for the purpose of illegally obtaining alcohol.

 

IT’S ILLEGAL TO PROVIDE ALCOHOL TO MINORS IN VIRGINIA

In Virginia, it is illegal for an adult to provide anyone younger than 21 years of age with an alcoholic beverage. This applies to both giving alcohol for free and to selling it. The law also applies to an adult who helps someone who is younger than 21 to obtain alcohol illegally. Penalties of being convicted of these violations can include up to a one year driver’s license suspension, $2,500 in fines, and even up to a year in jail.

 

VIRGINIA STATE LIQUOR LAWS

The Virginia Alcoholic Beverage Control Authority regulates the distribution and sale of alcoholic beverages in the state, and there you can find additional information on liquor laws in Virginia.

 

WE ARE EXPERIENCED ATTORNEYS FOR MINORS

When you are searching for the criminal lawyers in Virginia to assist you when facing an underage possession of alcohol charge, we invite you to contact us for a free legal consultation. Our team of Harrisonburg lawyers understand how an alcohol-related arrest can have a devastating impact on a young person’s future. We are experienced in helping students to achieve the best possible outcome for their case.
Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

The lawyers at Cook Attorneys in Harrisonburg, VA have extensive experience representing students who have faced alcohol-related charges. Knowing more about Virginia’s alcohol laws—underage drinking laws in particular—can help you to avoid arrest and prosecution. Let’s begin with some history.

 

21ST AMENDMENT

One hundred years ago a temperance movement in the United States pushed for Prohibition and the banning of alcohol. The proponents of Prohibition believed that it would lessen poverty and other positive societal challenges. They succeeded, and the 18th Amendment outlawed the manufacture, sale, and transportation of alcoholic beverages in the United States.

Thirteen years later, in 1933, after prohibition was widely seen as a total failure, the 21st Amendment repealed Prohibition. But the spirit of Prohibition lingered, and the 21st Amendment authorized the individual states to regulate the following alcohol-related matters:

• Alcohol sales within the state
• Alcohol distribution within the state
• Importation of alcohol within the state
• Statutes on who is permitted to possess alcohol within the state

Alcohol laws vary state-by-state, and even among jurisdictions within states. As such, most alcohol laws in the United States are a combination of federal, state, and local laws. An exception however is the national drinking age.

 

NATIONAL MINIMUM DRINKING AGE ACT

The United States Congress passed the National Minimum Drinking Age Act (23 U.S.C.A. § 158) on July 17, 1984, requiring all states to raise the minimum legal drinking age to 21. In some states such as Alabama, Indiana, Kansas, Michigan, North Carolina, Pennsylvania, Vermont, and the District of Columbia, this law is effectively an outright ban.
In other states the purchase of alcohol by individuals underage is illegal, but the possession and consumption of alcohol, in certain circumstances, is not. Virginia is one of these states.
In regard to drinking age, it is illegal in Virginia for anyone under 21 years of age to possess, purchase, or consume any alcoholic beverage such as liquor, wine, and beer (Code of Virginia § 4.1-305), but there are exceptions.

 

EXCEPTIONS TO VIRGINIA’S UNDERAGE DRINKING LAWS

There are legal exceptions to underage drinking in the state of Virginia per Virginia Ann. Code Section 4.1-305(A):

• Someone who is less than 21 years old may drink alcohol in her own home if a parent is present and has authorized it. Parents cannot give consent for anyone other than their own children, and we have defended a number of parents who were charged with permitting underage students who were not their own children to consume alcohol in their home.
• Individuals under 21 may consume alcohol in a private, non-alcohol selling premises such as a party at a private home, under the conditions that their parents have prior knowledge and have given their consent.
• A person under 21 may possess or deliver alcohol as a condition of their employment such as working in a restaurant.

 

PENALTIES FOR UNDERAGE ALCOHOL VIOLATIONS IN VIRGINIA

Breaking Virginia’s alcohol laws can lead to very serious penalties. The only legal advice we can give is this: if you are under 21, do not drink alcoholic beverages.

We are constantly struck by the reaction of students and their parents in our office who are shocked to discover that Virginia police and courts treat underage possession quite harshly. Perhaps in their own families, underage possession and consumption is considered to be ‘minor,’ like a speeding ticket.

But you should know that here in Harrisonburg some police officers are very vigilant when it comes to enforcing the ban on underage drinking, especially in areas of student housing adjacent to James Madison University. Students who attend parties in the Port Republic Road area should arrange a sober driver to take them home at night rather than walk as certain officers monitor that area closely and a stumbling student is a sitting duck.

Anyone under the age of 21 who is convicted of possession of alcohol in Virginia (regardless if they are a resident of the state), can be convicted of a Class 1 misdemeanor, which can carry up to a year in jail, up to a $2,500 fine, and a one year driver’s license suspension. The Virginia statute has been amended several times over the last decade and “possession” now includes having alcohol in your system, proven by a BAC test, by an admission to a police officer, or by exhibiting the effects of intoxication.

The law does provide, in Virginia, for an alternative disposition for first offenders. If you have never been convicted or charged with underage possession of an alcoholic beverage, ask your attorney about an arrangement that allows a person to perform community service and complete substance abuse education that could result in the dismissal of an underage possession charge.

You should also know that it is a separate crime for an underage person to operate a motor vehicle after illegally consuming alcohol, even if the driver is not drunk, and to possess, manufacture, or use any altered or false driver’s license, military or university identification card for the purpose of illegally obtaining alcohol.

 

IT’S ILLEGAL TO PROVIDE ALCOHOL TO MINORS IN VIRGINIA

In Virginia, it is illegal for an adult to provide anyone younger than 21 years of age with an alcoholic beverage. This applies to both giving alcohol for free and to selling it. The law also applies to an adult who helps someone who is younger than 21 to obtain alcohol illegally. Penalties of being convicted of these violations can include up to a one year driver’s license suspension, $2,500 in fines, and even up to a year in jail.

 

 

VIRGINIA STATE LIQUOR LAWS

The Virginia Alcoholic Beverage Control Authority regulates the distribution and sale of alcoholic beverages in the state, and there you can find additional information on liquor laws in Virginia.

 

WE ARE EXPERIENCED ATTORNEYS FOR MINORS

When you are searching for the criminal lawyers in Virginia to assist you when facing an underage possession of alcohol charge, we invite you to contact us for a free legal consultation. Our team of Harrisonburg lawyers understand how an alcohol-related arrest can have a devastating impact on a young person’s future. We are experienced in helping students to achieve the best possible outcome for their case.
Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

 

Some law firms will advertise online that their criminal defense practice is limited to so-called “white collar crime” while others, like Cook Attorneys, include “white collar crime” in a list of many areas of criminal law in which we regularly work.
Here in this article, our local criminal defense attorneys will briefly help you understand what is meant by the term “white collar crime.”

HISTORY OF THE TERMS WHITE COLLAR AND BLUE COLLAR

The terms “white collar” and “blue collar” originated in the early 1900s as a generalization for job categories of the U.S. workforce.

“White collar” referred to the white dress shirts typically worn by professionals or office workers, whereas its counterpoint, “blue collar,” referred to individuals employed as manual laborers.
The term “blue collar” described the blue uniforms commonly worn by industrial and manual laborers; blue denim shirts and overalls helped to conceal dirt or grease stains from the workplace.

These terms also implied socio-economic differences. It was once assumed that “white collar” workers were more highly educated or more affluent than “blue collar” workers.

These stereotypes are no longer accurate in our modern economy; low-paid office workers comprise a large percentage of the U.S. workforce, and highly skilled and compensated manual laborers are vital to countless industries.
However, the terms “white collar” and “blue collar” are still commonly used in many situations, including in the use of the term “white collar crime.”

WHITE COLLAR CRIME

“White collar crime” is not a term you will find in the criminal code or elsewhere formally defined in the law. Rather, it is a designation in everyday English for financially motivated, pre planned, non-violent crimes.
Referring back to the previously-mentioned white collar vs blue collar stereotypes of office workers versus manual laborers, we think of white collar crimes as tending to have been committed by professionals, often in the course of financial dealings, or a business enterprise.
A white collar crime can be either a felony or a misdemeanor.

Here are a few examples of crimes that often come to mind when thinking about white collar crimes:

• Computer fraud
• Conspiracy
• Corporate fraud
• Credit card fraud
• Embezzlement
• Forgery
• Identity Theft
• Money laundering
• Racketeering (RICO)
• Securities fraud
• Tax evasion
• Wire fraud

Crimes like these, of course, can be committed by individuals of all socio-economic statuses, education levels, and working backgrounds, but we hear them called “white collar crimes” when they are committed by professionals, politicians, or businesses.
And it is in that context that we turn to the investigation of white collar crimes.

THE INVESTIGATION OF WHITE COLLAR CRIMES

One feature of most white collar criminal activity is that it normally requires extensive investigation to, first of all, discover, and, second, to prove beyond a reasonable doubt. And white collar crimes require extensive investigation to defend.

White collar crimes in Virginia may be investigated by detectives in a local police department, at least initially, but many such investigations are referred to the Bureau of Criminal Investigation of the Virginia State Police.
White collar investigations often include voluminous and technical documentation which most local police departments are not sufficiently staffed to handle, or require specialized training in fields such as accounting or banking, for example, which local police detectives do not have.
At the federal level, white collar investigations are often conducted by the FBI, the Securities and Exchange Commission (SEC), the National Association of Securities Dealers (NASD), and other appropriate federal agencies.
Once a white collar investigation is underway, the target of the investigation should consult with a criminal defense attorney as soon as possible.
The defense needs to investigate the accusation just as much (or more) than law enforcement does, because although a criminal defendant is not legally required to prove anything at trial, a thorough investigation is often required to mount an effective defense to the accusation of a white collar crime.

Lawyers who advertise that they regularly defend white collar criminal cases are signalling that they are prepared and able to commit the resources to the investigation and defense of such cases.
The fee the lawyer quotes will often include funds to pay expenses for experts such as forensic accountants or other expert witnesses. Most criminal defense lawyers, because they cannot or are not willing to commit those resources, should not accept representation in a white collar case.

When interviewing potential lawyers at the outset of such cases, clients should discuss with the attorney the attorney’s experience with investigating and defending white collar crimes. Importantly, clients should also discuss the attorney’s experience with defending crimes generally; some lawyers who normally practice only civil law try their hand in white collar cases with disastrous outcomes.
While many of the financial and documentary issues may look like those in a civil case, the world of criminal defense is quite different and full of pitfalls to an attorney who does not regularly practice criminal law or in a particular jurisdiction.

ENSURE THE BEST POSSIBLE OUTCOME FOR YOUR CASE

Our attorneys in Harrisonburg, VA bring decades of experience to our clients facing criminal charges, including white collar crimes. If you’re searching for an effective criminal defense lawyer in western Virginia, we encourage you to contact us for a free criminal case consultation. Fill out the form below to request more information about how we can serve you.

We look forward to hearing from you!