In a recent case before a Virginia Court of Appeals, the defendant argued that the lower court had unfairly sentenced him after his third DUI conviction. According to the defendant, the court considered the defendant’s previous two DUI offenses as evidence when deciding his sentence, and they were only technically allowed to consider one of the offenses in question. Ultimately, the higher court disagreed, and the original sentence was kept in place. Facts of the Case According to the opinion, the defendant in this case was first convicted of driving under the influence in early 2020. He was co ..read more

In a recent case before a court of appeals in Virginia, the defendant argued that the judge in the lower court unfairly sentenced her after she violated the terms of her probation. On appeal, the court looked at the evidence and agreed that the court imposed an excess sentence, and that the case should be remanded so that the defendant would have another chance to argue her case before a trial court judge. Facts of the Case According to the opinion, the defendant in this case was convicted on several controlled substance charges, and she was sentenced to several years in prison as a result. Th ..read more

In a recent case coming out of the Circuit Court of Fairfax County, the defendant appealed his conviction of sodomy of a child under the age of thirteen years. Originally, the defendant was charged and convicted after he sexually assaulted a family friend, who at the time was an 11-year-old girl. On appeal, the defendant took issue with the victim’s lack of credibility; however, the court of appeals rejected the defendant’s arguments and eventually denied his appeal. Facts of the Case According to the opinion, the defendant was visiting his family friends one evening, one of whom was eleven ye ..read more

Towards the end of last month, a court of appeals in Virginia had to decide whether to reconsider a defendant’s guilty conviction for possession of methamphetamine. Originally, the defendant was charged and convicted after officers found drugs in the back of his truck; on appeal, he argued that the Commonwealth had not proven that he possessed ten grams of pure methamphetamine, which was required if the court was going to sentence him with as much time in prison as it did. Ultimately, the higher court agreed with the defendant and remanded the case for resentencing. Facts of the Case According ..read more

In a recent drug case before a Virginia court of appeals, the Commonwealth appealed a lower court’s ruling in the defendant’s favor. Originally, the defendant in this case was charged with illegal drug possession. He successfully argued that his incriminating statements he made to police officers should be suppressed at trial, but the Commonwealth challenged this lower court’s ruling. The higher court ended up agreeing with the Commonwealth and reversing the original ruling. Facts of the Case According to the opinion, two officers were on patrol one evening when they pulled the defendant over ..read more

Earlier this month, a circuit court in Virginia was faced with the decision of whether to grant a defendant’s appeal in a case involving marijuana and firearm possession. In his appeal, the defendant argued that because of his constitutional right to privacy, the court should have suppressed incriminating evidence that officers found when searching his home. The higher court reviewed the facts of the case and ultimately denied the defendant’s appeal, upholding the original guilty verdict. Facts of the Case According to the opinion, two officers came to the defendant’s apartment one afternoon b ..read more

Earlier this month, a circuit court in Virginia ruled on a defendant’s appeal of his rape conviction. Originally, the defendant was charged and convicted after he allegedly showed up as his ex-girlfriend’s house and had non-consensual sex with her. On appeal, the defendant argued the evidence was insufficient to support his guilty conviction, and he asked the higher court to reverse the verdict. The higher court, however, ultimately disagreed with the defendant and sustained his original conviction. Facts of the Case According to the opinion, the defendant in this case showed up at his ex-girl ..read more

Earlier this month, a Virginia court of appeals denied a defendant’s request to overturn his DUI conviction. Originally, the defendant was charged with and convicted of driving under the influence, and he was sentenced to twelve months in jail as a result. On appeal, one of the defendant’s arguments was that the officer that pulled him over did not have the legal authority to conduct the traffic stop, and thus that the evidence the officer obtained should have been suppressed at trial. Ultimately, the court of appeals disagreed with the defendant and denied the appeal. Facts of the Case Accord ..read more

Recently, a circuit court in Virginia ruled on the Commonwealth of Virginia’s appeal in a sex abuse case. The defendant had been charged with having sexual intercourse with a child, and the trial court had made the decision to suppress certain statements the defendant made to officers investigating the crime. On appeal, the Commonwealth argued that the statements should not have been suppressed, since the defendant had made the statements voluntarily. Agreeing with the Commonwealth, the higher court reversed the trial court’s decision. Facts of the Case According to the opinion, the defendant ..read more

Recently, a court of appeals in Virginia was faced with the decision of whether or not to remove a defendant’s name and identifying information from the Virginia Sex Offender Registry. Originally, the lower court had denied the defendant’s petition in 2021, deciding that his information would have to remain on the public registry. On appeal, the higher court agreed, ultimately keeping the defendant’s name on the list. Facts of the Case According to the opinion, the defendant pled guilty in 2001 to two counts of “crimes against nature.” While the opinion did not disclose the exact crimes the de ..read more