Moheb Legal Defense, PLLC
Protecting your Constitutional rights and civil liberties with effective and diligent legal representation.
Free Consultation 540-627-5182
Areas & Topics

Roanoke Criminal Defense Blog

An appeal can help you have a bad decision overturned

One benefit of the United States criminal justice system is that you have a right to appeal if you are convicted of a crime. An appeal petitions a higher court to overturn a lower court's decision. For instance, if you believe that the trial was unfair, you can petition the higher court to change the ruling and overturn the lower court's decision.

An appeal can target a portion of your sentence or the conviction. For example, if you believe you are innocent but were found guilty, you can seek an appeal from a higher court in hopes of having the lower court's decision overturned. If you believe that a sentence is too harsh, you may be able to appeal the sentence itself and seek a reduction in the penalties. Your best chance of this working is if the prison term, fines or other penalties are beyond the law's limit.

These situations involving theft can be explained

Theft is simply taking another person's property without permission. If you're accused of this, there are a few things you can do to defend yourself. Fortunately, it's easy to show why your situation has been misunderstood or taken out of context with the right defense.

For example, if you ask your friend to borrow his car on Thursday and he says yes, then you should be able to take it on Thursday without an issue. If you confuse the day and take it on Wednesday, he may call the police assuming it was stolen, leading to your arrest. This is just one possible situation. Here are a few things you can do to protect yourself if you face this charge.

Aggravated sexual assault trial of Bill Cosby ends in mistrial

The judge has declared a mistrial in the case of megastar Bill Cosby, who was accused of drugging and raping an acquaintance in 2004. The jury deliberated for six days but was unable to reach a unanimous verdict as is required in felony criminal cases. The district attorney has vowed to retry the case.

The jurors signaled a problem as early as Thursday, June 15, when they notified the judge that they had reached an impasse. Little information has been provided about which direction the jury might be leaning, who if anyone was a holdout, and what issue or issues were causing the breakdown. It is unlikely more will be learned by the public, however, as the judge has asked the jury not to discuss details of their deliberations.

Does Virginia treat drunk drivers harshly?

The state of Virginia is very hard on those who are caught drinking and driving. Driving while under the influence of alcohol puts you and others at risk of being involved in an accident, which is why it's illegal throughout the United States.

You can be charged for drinking and driving even if you are only exhibiting signs of being intoxicated if you have an open container in your vehicle. Additionally, if you refuse a breath test, you will lose your license for one year. In the case that you are convicted of a DUI, your penalties run consecutively. That means that if you lose your license for a year for refusing the test and another year for a DUI, you actually lose your license for two years in total.

3 elements of a traffic stop to scrutinize after a drug arrest

Many drug-related charges stem from traffic stops. A traffic stop gives police the opportunity to speak with people, gauge their physical responses and take a look inside a vehicle while someone is caught off guard, which police can take advantage of.

However, these stops do not give police free reign to do whatever they want and look wherever they please. In fact, there are a few common ways police might violate your rights or fail to comply with proper procedure during a traffic stop that can ultimately lead to a reduction or dismissal of charges, including drug-related offenses.

How does Virginia deal with DUIs?

Maybe your friends have told you that being convicted for Driving Under the Influence of drugs or alcohol in Virginia is no big deal. However, it's good to know just what the consequences would be if you are pulled over on your way home and blow more than a .08 blood alcohol level.

If you are convicted of a DUI in the State of Virginia you can expect:

Could the one-handgun-a-month law be reinstated?

If you've been accused of gun crimes, you should know that you have a right to pursue a strong defense and to make sure the court is not biased against you. One good thing that has happened in the past is showing that as gun sales have increased in the state, the actual number of violent gun crimes has dropped. Additionally, gun sales have set records in the last several years, yet the number of gun-related crimes have not peaked in the same way.

You may have heard that there used to be a one-gun-a-month law in Virginia. Under that law, a person could purchase only one handgun each month within the state. Attempting to purchase or purchasing more than one handgun in 30 days could lead to a Class 1 misdemeanor and result in penalties like $2,500 in fines and a year in prison.

Sentencing error in your favor: Collect 10 days in jail

Imagine that a Virginia court convicts you of marijuana trafficking. The judge sentences you to 10 years in prison, and five years of supervised release. However, during your five-year release period, you violate your parole by accident.

The punishment for your parole violation is supposed to be 10 months in prison, but the judge makes a mistake and sentences you to just 10 days in jail. You can't believe your luck, a 10-month sentence that you'll serve in under than two weeks!

Things to know about drug distribution charges

Drug distribution, which is also referred to by some as drug trafficking, is a serious crime that can alter your life in many ways.

As the name implies, drug distribution penalizes the selling and transportation of controlled substances, including but not limited to cocaine, marijuana, heroin, and prescription drugs.

Contact

Moheb Legal Defense, PLLC
15 Salem Avenue SE Suite 203
Roanoke, Virginia 24011

Phone: 540-627-5182
Fax: 540-491-9696
Roanoke Law Office Map

Moheb Legal

Review Us