The Collins Law Firm, P.C. Virginia Beach Criminal Defense Lawyers | Chesapeake VA Divorce Attorney2024-03-15T20:18:50Zhttps://www.collinslawpc.com/feed/atom/WordPressOn Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487262024-03-15T20:18:50Z2024-03-15T20:18:50ZDefining entrapment
Entrapment occurs when officers pressure people to commit a crime they would not have otherwise committed. This tactic raises ethical and legal concerns within law enforcement. Understanding the difference between lawful conduct and entrapment is necessary for protecting individuals.
Scenarios constituting entrapment
Several scenarios could be entrapment in drug possession cases. For instance, if an undercover officer tempts someone into purchasing drugs, it may qualify as entrapment. Cops who provide excessive pressure to encourage criminal activity may also commit entrapment. Entrapment may also exist where law enforcement creates opportunities for illegal conduct.
Protecting against unlawful search and seizure
The Fourth Amendment safeguards individuals' rights against unreasonable searches and seizures. This right means cops cannot search your home or vehicle without probable cause. Evidence obtained through these methods may be inadmissible in court. Searches and seizures are common in drug-related cases, making it more important for proper procedure. This amendment protects individuals from unjust prosecution. Asserting Fourth Amendment rights can challenge evidence obtained through unlawful means.
A strategic approach to defense
An experienced legal team can examine the circumstances of the allegations and show whether cops acted improperly. They can then challenge the validity of the evidence and seek dismissal of charges.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487252024-01-18T17:16:03Z2024-01-18T17:16:03Zwhat science says about its causes and what we can do to help people who struggle with drug addiction.
What causes drug addiction?
As with most things, the answer to what causes drug addiction is not simple. Addiction itself is like a puzzle and it is never one-size-fits-all. There are various contributing factors to addiction, including:
Genetics
Some people have a genetic predisposition to addiction, meaning that it can run in families. It is like inheriting a trait. Here, addiction can be that trait.
Environment
The world and our environment play a big role in the outcome of our lives. Significant stress, trauma and easy access to drugs can easily result in any individual slipping into addiction.
Mental health
Sometimes, mental health challenges are at play. Conditions like anxiety or depression can make someone (although not everyone) more prone to addiction. It is an extra layer of difficulty to navigate.
Peer pressure
Especially in younger crowds or environments where drugs are everywhere, the people who surround you can have an enormous impact on your actions, whether or not you are conscious of it.
Can we prevent drug addiction?
Prevention is possible, according to science. Tools that are useful in preventing drug addiction include:
Education
Strong support systems
Mental health awareness
Mental health support
Emotional support
Healthy coping mechanisms
Understanding drug addiction is the most important way to prevent it. If we understand the many layers underneath, we can acknowledge that it is not simply destructive behavior—it goes well beyond that.
Understanding leads to better outcomes
Once people understand the mechanics of addiction, they can adopt a supportive and compassionate approach toward those who suffer from it and offer them the help that they so desperately need.
Addiction is complex and here’s something to remember: the more risk factors a person has, the more likely they will develop an addiction. There are many people who have mental illnesses who do not suffer from addiction.
However, when someone experiences significant trauma, has a vulnerability to addiction, uses unhealthy ways to cope, faces pressure from negative influences, and lacks strong support systems, it can create a dangerous situation that can lead to addiction, criminal behavior and even loss of life.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487242024-01-10T22:04:06Z2024-01-10T22:04:06ZUnderstanding expungement
Expungement is a legal process that effectively erases or seals criminal convictions. This provides eligible individuals a chance to move forward without the burden of past mistakes. For those with DUI/DWI convictions, this process can be a lifeline to rebuild their lives and open doors to new opportunities.
Benefits of expungement
Expunging a DUI/DWI conviction holds numerous advantages, particularly in the realm of employment. Many employers conduct background checks, and a clean record can significantly enhance your chances of landing a job. Expungement also facilitates better prospects for housing, educational opportunities and various other aspects of life that may be difficult with a stained record.
The steps to pursuing expungement
The actual process of seeking expungement involves jumping through several legal hoops. Breaking the journey down into clear steps can make it easier to understand:
Eligibility Check: Eligibility criteria may vary by jurisdiction, but generally, those with first-time offenses or completed probation may qualify
Gather Necessary Documents: Collect all relevant documents, including court records, probation completion certificates and any other paperwork related to your case
Petition for Expungement: Ensure that the petition is complete and accurate, providing all required information
Pay Filing Fees: Check if your jurisdiction requires filing fees and make sure to pay them promptly
Await Court Decision: If the court approves your case, the judge will expunge your DUI/DWI conviction and you will have a clean record
Seeking legal guidance from a professional can streamline the process. Legal experts possess a deep understanding of the intricacies involved and can provide valuable insights, increasing the likelihood of a successful expungement.
The Virginia State Crime Commission reports that there were 15,718 DUI convictions in the state in 2021. Behind each of these convictions is a person whose future lies beneath the shadow of a criminal history. Expungement is a path many eligible individuals can take to get a fresh start.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487232023-11-14T02:53:38Z2023-11-14T02:53:38ZDrug possession
Drug possession charges arise when an individual has a controlled substance for personal use. The focus is on immediate possession, and evidence often includes the discovery of drugs on the person or within their immediate vicinity. The prosecution aims to establish that the individual knowingly and intentionally possessed the controlled substance for personal use.
Intent to distribute
In contrast, intent to distribute charges suggests an individual's intention to sell, distribute or traffic a controlled substance. This charge extends beyond personal use, and the prosecution must provide evidence indicating the individual's intent to transfer drugs to others. Common indicators include large quantities of the substance, the presence of distribution-related paraphernalia and circumstances suggestive of drug transactions.
Determining intent
Law enforcement determines intent by examining various factors. The quantity of the controlled substance plays a pivotal role, with larger amounts often raising suspicions of intent to distribute. The presence of paraphernalia associated with drug distribution, such as scales or packaging materials, can further contribute to the assessment. Observations of transactions or surveillance may also factor into the determination of intent.
Potential sentencing disparities
In Virginia, the penalties for drug possession and intent to distribute can differ significantly. Planning to sell drugs usually comes with harsher penalties because it is a bigger danger to public safety. The kind and amount of the drug, past criminal history and any extra serious factors can also affect how different the punishments are with either charge.
Building a solid defense
A good defense means knowing about the evidence and questioning if it is right or trustworthy. Things like if the search and seizure were legal, if the police saw things correctly and if witnesses are believable all play a role.
If someone is facing drug charges, going to rehab or counseling may be helpful. Courts might see it positively if they try to deal with problems, like drug addiction. Getting support from professionals and showing a commitment to getting better could make a difference in the case.
When dealing with drug charges in Virginia, it is important to really understand the differences in the legal approaches to charges for having drugs and planning to sell them. Having a smart and informed plan is key for people who want the best outcome in their legal case.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487222023-09-28T23:24:13Z2023-09-28T23:24:13ZHigher fines and longer jail time
Each DUI conviction in Virginia increases the fines and jail time. A second offense might require you to pay a fine between $250 and $2,500. Additionally, jail time can range from five days to one year, depending on the circumstances of the arrest and the time between offenses. If you commit a second offense within five years of the first, you will serve a minimum of 20 days in jail.
Mandatory ignition interlock device
An ignition interlock device functions as a car's breath test. You must blow into this device before starting your vehicle. If it detects alcohol in your system, your car will not start. A second DUI conviction in Virginia mandates the installation of this device in any vehicle you drive, even if you do not own it.
Extended license suspension
Virginia increases the duration of your driver's license suspension with each subsequent DUI offense. A second DUI conviction will suspend your license for three years. Without a valid driver's license, you will find your mobility and independence limited.
Virginia Alcohol Safety Action Program
A second DUI conviction mandates participation in the Virginia Alcohol Safety Action Program. This program educates participants about the dangers of alcohol and drug abuse and aims to promote safer communities. While beneficial, this program requires both your time and money.
Repeat DUIs in Virginia come with severe and far-reaching consequences. If you decide to drink and drive more than once, prepare yourself for the increasing penalties. From substantial fines to mandatory programs, these penalties reinforce Virginia's serious stance on DUI offenses. Always prioritize responsible choices; the risks to you and others on the road are too high.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487212023-09-14T23:57:34Z2023-09-14T23:57:34ZCall for help
Dial 911 or your local emergency number immediately. Inform the dispatcher about the situation, including the overdose and your location. Emergency medical professionals have training to respond to overdose cases and can provide life-saving assistance.
Understand that you will not get into any trouble because Virginia law protects you. It allows for immunity for anyone who seeks help from emergency responders for an overdose situation. You only have to identify yourself as the person who made the call. Do not be afraid to get assistance.
Stay with your friend
Stay by your friend's side throughout the ordeal. Ensure their airway remains clear, and monitor their vital signs, such as pulse and breathing. Keep them comfortable and reassure them if they regain consciousness. Never leave your friend alone during an overdose situation. Continue to provide support and assistance until medical professionals arrive.
Be cooperative
It is natural to feel panicked, but try to remain as calm as possible. Your composure is important in ensuring that you can communicate effectively with emergency responders and provide them with the necessary information.
When speaking to emergency services, provide clear and accurate information about your friend's condition. Mention any substances they may have taken, the quantity if known and any symptoms or changes in their behavior.
It can be upsetting to witness an overdose, but getting assistance is the most important step you can take. The law protects you so you can do the right thing and help save your friend's life.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487202023-07-11T18:58:21Z2023-07-13T18:58:13Zrelevant state laws will help determine the answer. Virginia Code Section 18.2-51.3 addresses the act of throwing objects from roofs or any other elevated structures and covers its illegality.
Understanding Virginia's law
The statute section in question specifically prohibits maliciously or intentionally throwing or dropping any object capable of causing injury or death from a height of more than one story above ground. This includes balconies and rooftops. To violate the law, an individual must engage in the act wilfully and with the intention to cause harm. Negligence or accidental actions typically do not fall under this statute.
Potential consequences
Virginia law classifies the act of throwing objects from roofs as a Class 6 felony. A conviction for this offense can result in severe penalties, including imprisonment for up to five years, fines or both. Alternatively, if the case happens without a jury, the court may choose to confine the person in jail for up to 12 months and impose a maximum fine of $2,500. The seriousness of the consequences highlights the state's commitment to deterring reckless behavior.
Public safety considerations
Throwing objects from roofs poses significant risks to individuals passing by or using public spaces below. Falling objects can cause severe injuries or even fatalities and the potential for property damage is also a concern.
Individuals need to have awareness and abide by the law to maintain a safe environment for all residents and visitors of Virginia.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487192023-06-30T22:17:46Z2023-06-30T22:17:46ZBenefits of deterrence
In the past 30 years, the number of people who have died due to drunk driving crashes has gone down by 37%. That is a great victory, and it is saving the state money. Virginia spends about $429 million due to fatal crashes each year. As the numbers decrease, that money can go toward other things, such as maintaining roads and creating more public programs.
Still work to do
Even though DUI-related fatal crashes are dropping, they still occur at too high of a rate. In 2019, that state had 827 total fatal car accidents. Of those, 32% or 264 had alcohol as a factor in the crash.
Even when a drunk driver does not cause an accident, they are still a danger on the road. DUI convictions in 2019 numbered 18,648 in the state. And these convictions are not cheap. the average cost of getting a charge is $5,000 to $20,000.
A person can easily be driving drunk without realizing it because the allowable blood alcohol level is under 0.08%. For many people that is about a drink an hour on average. So, a couple of drinks with lunch could put a person over the limit and subject them to a DUI charge. It is far better to avoid driving completely if alcohol is on the menu.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487182023-05-16T02:11:51Z2023-05-16T02:11:51Zbans no-knock search warrants.
State residents should understand what this statute entails and how it limits police authority.
How police must attempt to enter a property
Title 19 of the Virginia Code states that law enforcement personnel with a search warrant must be "recognizable and identifiable" as uniformed officers. Police must also provide audible notice of their authority and purpose. The officers must give audible notice in a way that occupants should be able to hear.
After securing the area, police must provide a copy of the warrant to the property owner or the person they will search. If the property owner is absent, police may give the warrant to an adult occupant. If no adult is present, the officers must leave the search warrant and affidavit in a visible location.
When police may attempt to execute a search warrant
Warrants typically authorize officers to perform a search during daytime hours, specifically between 8:00 a.m. and 5:00 p.m. As long as the officers enter between these hours, they may remain on the property afterward. A judge or magistrate may authorize the officers to execute the warrant at another time due to good cause.
If the police do not follow these statutes during searches, the court may dismiss the evidence they obtain as inadmissible. Citizens should know their rights regarding warrants and can challenge the results of illegal investigations.]]>On Behalf of The Collins Law Firm, P.C.https://www.collinslawpc.com/?p=487112023-03-28T01:51:58Z2023-03-28T01:51:58ZWhat does it mean to have the intent to distribute?
Police officers might believe that you have the intent to distribute drugs if they catch you in the act of doing so or if they find a particularly large amount of controlled substances in your possession. The Code of Virginia explains that such acts of giving away, selling, distributing or having the intent to distribute controlled substances are unlawful beyond the scope of simple drug possession. Similarly, you might face charges of intent to manufacture drugs if the authorities discover certain types of equipment in your possession.
How can you defend yourself against intent to distribute charges?
Your right to remain silent is your first line of defense against any type of drug possession charge. Being careful to not admit to possessing or distributing drugs ensures that you have a fighting chance in court. You should also refrain from consenting to any unwarranted searches, as this gives you the opportunity to build a case around a wrongful search and seizure conducted by officers at the scene.
Drug possession with the intent to distribute is a much harsher charge than simple possession. It is important to take these types of charges very seriously and take appropriate legal action to protect yourself from a conviction.]]>