Mechanicsville DUI-DWI Lawyer, Virginia

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Joseph  McGrath Lawyer

Joseph McGrath

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Criminal, Traffic, DUI-DWI

If you have to go to court, put experience on your side with Joe McGrath Attorney at Law. Virginia Traffic Court & DUI Attorney. Joe McGrath has been ... (more)

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Bill Dinkin

Constitutional Law, Traffic, White Collar Crime, DUI-DWI
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Joseph D. Morrissey

Traffic, Misdemeanor, DUI-DWI, Wrongful Death
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Mark K. Tyndall

Criminal, DUI-DWI, Traffic, White Collar Crime
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Standish Alexander

Traffic, White Collar Crime, DUI-DWI, Criminal
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C. David Whaley

Traffic, Trucking, DUI-DWI, Wrongful Death
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Michael La Fratta

Traffic, Divorce, Juvenile Law, DUI-DWI
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Ryan Todd Mcdougle

DUI-DWI, Traffic, Misdemeanor, Criminal
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Charles David Whaley

DUI-DWI, Criminal, Business, Accident & Injury
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LEGAL TERMS

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

JUSTICE SYSTEM

A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

SAMPLE LEGAL CASES

Mwangi v. Com.

... The court found him guilty of driving under the influence (DUI), in violation of Code § 18.2-266. ... Another of those exhibits, Exhibit 3, is a summons that purports to show that Mwangi had been convicted of DUI in the Alexandria General District Court. ...

Woody v. Com.

... County as a party. However, this case involved two simultaneous prosecutions — one on behalf of the Commonwealth (the refusal charge) and one on behalf of the County (the DUI charge). While the Commonwealth's Attorney ...

Grant v. Com.

682 SE2d 84 (2009). 54 Va. App. 714. Phillip Lawton GRANT v. COMMONWEALTH of Virginia. Record No. 0877-08-4. Court of Appeals of Virginia, Richmond. September 1, 2009. 85 Patrick M. Blanch, Assistant Public Defender ...