Virginia Criminal Law Posts
Blog Categories
Sealing Criminal Records
Sealing Criminal Records The Virginia General Assembly passed a law in 2021 that would allow a convicted criminal to petition the court to have his criminal record sealed. This law allowing for the sealing of certain criminal records will go into effect on July 1,...
Elimination of the Jury Penalty in Virginia
For over 220 years Virginia law called for juries to sentence criminal defendants if the defendant elected to have a jury trial. If the defendant chooses to have a trial by judge, then the judge would sentence the defendant upon being found guilty. In Virginia, like...
Virginia Bans No-Knock Warrants
In late 2020, the Virginia Governor signed into law a bill that prohibited the use of no-knock warrants. This law came into being after Breonna Taylor was tragically shot and killed by an officer who entered her home without first announcing that he was...
So, You Want to Open a Marijuana Dispensary in Virginia?
By 1930 most states had criminalized the possession of marijuana. In 1970 the federal government outlawed all cannabis use. Nearly 100 years later, in 2020, the Virginia Assembly essentially decriminalized the personal use of marijuana by reducing the penalty to a...
How Anti-Terrorism Laws Have Gone Too Far
By John W. Lee Start a fire to burn brush on your own property and get charged as a Terrorist. In the case Hammond v. United States of America, the defendant has appealed to the U.S. Supreme Court in hopes of having the Court answer two pressing questions. First, when...
Cell Phone Searches Require a Warrant
By John Lee Can police search my cell phone when they arrest me? Almost everyone knows the Government monitors cell phones, texts, emails and computer usage to some degree. We all know that the Government can obtain a search warrant for our computers and can...
Virginia Law and Civil Asset Forfeiture: Legalized Theft
By John Lee Civil asset forfeiture occurs when the government confiscates a citizen’s cash or property without charging them with a crime. Both State and Federal law allow for law enforcement to seize the property of citizens at their whim even when the owner of the...
Alcohol Laws & Federal Regulation
By John W. Lee After a long hard day at work I like to sit out on my deck and over look the woods and creek in my back yard. Oftentimes I will enjoy a glass of bourbon and a cigar at the end of the day. As a self-described libertarian, I tend to be very suspect...