Posts Tagged ‘jail’

Reckless Driving in Virginia

Saturday, June 11th, 2011

Have you been charged with Reckless Driving?

Reckless Driving in Virginia is more than a glorified speeding ticket.  It is a class 1 misdemeanor that can result in up to 12 months in jail and a fine of $2500!

That’s right!  Reckless Driving in Virginia is a CRIME that will remain on your record FOREVER.

The judge will probably not order the maximum penalty for a first offense Reckless Driving charge.  However, there is a really good chance of receiving a hefty fine and a suspension of your driving privileges.  Regardless of the other conditions, the part of the guilty verdict that results in the finding of guilt of a crime remains.

Why is this important?  I had a potential client call me because she was trying to rent an apartment in Florida and they did not approve her application because her name came up when they did a criminal background check.  Yep…it was the Reckless Driving ticket she got 5 years before that showed up as a ‘criminal conviction’ with really no other information explaining that it was for driving at excessive speed.  Unfortunately, there isn’t a lot we can do except try to get the records to explain that this was a speeding matter and not something that most of us think of as ‘more criminal’ in nature.  By the time we could arrange all of this, the apartment was no longer available, but at least the Potential Client has the information for the next time this happens.

So, what is Reckless Driving?  Reckless Driving is driving at any speed that is in excess of 20 miles over the posted speed limit OR driving at a speed in excess of 80 MPH (regardless of the posted speed limit) OR any driving action that is perceived by the officer to be driving in a manner so as to endanger the life, limb, or property of any person.

When they raised the speed limit on most of the interstates in Virginia to 70 MPH, they did not change the limit for Reckless Driving.  I know most people think you can go 10 miles over the speed limit and not get caught, but this is something you should really be aware of.   (As a side note, I’ve been in court when people were found guilty of going 4 miles over the posted speed limit.  After all, it was technically over the posted limit.)

The bottom line is to take a ticket for Reckless Driving very seriously.  I would suggest that you consider the ticket for Reckless Driving as being the same as being arrested for any other crime.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

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Posted in Crimes, General Information, Reckless Driving, Traffic | No Comments »

What if child support was not paid?

Monday, March 28th, 2011

The order to pay child support is just like any other court order, it needs to be obeyed!

If the paying parent has not paid as directed in the order, the receiving parent can go to the court and file an ‘Order to Show Cause’ (which is shorthand for an ‘Order to show cause why you should not be held in contempt of court for failing to follow an order of the court’).

If there is a good excuse for not paying the support, the court may allow the paying parent extra time to make up the back payments.  If there isn’t a good excuse for not paying the support, the court can send the ‘supposed to be paying’ parent to jail.  Sometimes it might be for a weekend or two, but I’ve seen cases where the judge has sent someone to jail for 6 months or a year.

I also hear people tell me that they are owed thousands of dollars in back child support, but now that the child is 18, they think there is nothing they can do.

I don’t know about all states, but in Virginia unpaid child support creates a judgment that can be enforced by the courts and there really isn’t a limit as to how long the receiving parent can file against the parent that was supposed to pay.  I’ve seen cases where the ‘child’ is 40 years old and the ‘supposed to be paying’ parent was brought to court for failing to pay and he was ordered to pay now or go to jail.

UPDATE! The preceding paragraph was true at the time this post was originally written.  However there was a change to the law in November 2011 and there is now a 20 year statute of limitations on the unpaid child support obligations.  You can read about it here.

The moral of this story?  Pay your child support!

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Posted in Children, Family Law, Support | No Comments »

Don’t people watch TV anymore????

Monday, September 27th, 2010

I like to watch TV.  I admit it.  I watch a lot of different types of shows, but Law and Order _____ (fill in the blank) and CSI _____ (fill in the blank) and just about every other law enforcement/lawyer/spy show that is around are among my favorites.

They are all a little different, but they all have one thing in common.  They should all teach you that if you are ever arrested, you should say “I want a lawyer” and then you SHUT UP!

Do you know what ‘The Closer’ does when someone says they want a lawyer?  She walks out of the room!

These shows also teach you that police-persons sometimes lie.   The Police-person will tell you that ‘I can’t help you unless you tell me the truth’, but that is a ploy to get you to tell them what you did (and yes, it is legal for them to lie to you).

We get clients all the time that want us to find a way to get them declared innocent of some criminal offense, or help them with a plea bargain, but they’ve already made a confession, or a number of confessions.

I had a client tell me that the only reason he confessed is that they kept asking him questions for 4 hours.  First of all, any mother of a sick infant could do 4 hours of police questioning ‘standing on her head’.  Secondly, if you had asked for a lawyer at the beginning, there would not have been four hours of questioning.

Going into court for a client who has already confessed to the crime is like playing a world-series baseball game….only you start in the 9th inning with 2 outs, 2 strikes against you and you’ve never seen this pitcher before.   The odds are really stacked against you.

Please don’t misunderstand my motives.  I think criminals should be tried and they should get the punishment they deserve.  And I think that the police and prosecutors should do everything they need to do to convict the guilty.  But I also think that the laws are there for a reason and if someone has given you your ‘Miranda’ warnings, you should listen and take advantage of them.

So, I”m going to say something most mothers never say.   Maybe we should watch more TV!

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Posted in Crimes | No Comments »

What is the difference between a Felony and a Misdemeanor?

Saturday, October 31st, 2009

Felony and misdemeanor crimes are distinguished under Virginia law by the maximum punishment you can receive.

Felonies are crimes punishable by death or imprisonment for more than 12 months. Sentences for Felonies are served in state correctional facilities (prison). Felonies are divided into six classes, with MAXIMUM punishments as follows:
Class 1 Felony: Death, if certain circumstances exist; or life imprisonment and/or $100,000 fine
Class 2 Felony: 20 years to life imprisonment and/or $100,000 fine
Class 3 Felony: 5-20 years imprisonment and/or $100,000 fine
Class 4 Felony: 2-10 years imprisonment and/or $100,000 fine
Class 5 Felony: 1-10 years imprisonment or 12 months in jail and/or $2,500 fine
Class 6 Felony: 1-5 years imprisonment or 12 months in jail and/or $2,500 fine

Misdemeanors are crimes punishable by no more than 12 months in jail. Jail sentences for misdemeanors are served at local facilities (county or regional jails). Misdemeanors are divided into four classes, with MAXIMUM punishments as follows:
Class 1 Misdemeanor: 12 months in jail; $2,500 fine
Class 2 Misdemeanor: 6 months in jail, $1,000 fine
Class 3 Misdemeanor: $500 fine
Class 4 Misdemeanor: $250 fine

As you can see, there is a big difference between a Misdemeanor and a Felony and there is also a big difference in the maximum sentence between different classes of crimes.

If you have been charged with a crime, you should consider getting legal assistance.

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Posted in Crimes | 1 Comment »