Insights
First DUI Charge: What to Know About DUI in Virginia
Driving Under the Influence (DUI or DWI) is a serious offense that carries stiff criminal penalties, along with civil penalties such as a loss of your driver's license, as well as social stigma. Being arrested and charged with a first offense DUI is a jarring and...
New Virginia Law, HB 5058, Means Fewer Reasons to Pull You Over; Smell of Marijuana Can’t Justify a Search
The Virginia General Assembly has met over the past few months to consider proposals related to Criminal Justice Reform. There have been several significant results of this Special Session. Among them is HB 5058 which, broadly, makes two big changes that will limit...
Virginia Governor Signs Law Limiting “No-Knock” Warrants
The Virginia General Assembly's recent Special Session intended to address Criminal Justice issues in the Commonwealth. In doing do, legislators looked a variety of approaches, and found some solutions that make genuine progress, or are at a minimum, good faith...
Several Northern Virginia Localities Restrict Firearm Possession With New Gun Ordinance
Following a change in State law, several Northern Virginia Localities, namely Alexandria, Arlington, and Fairfax have each passed a local gun ordinance restricting the possession of firearms in various public places. Each of these local ordinances restricts possession...
Virginia Strengthens Prosecutorial Discretion
The General Assembly has been meeting in a Special Session to address Criminal Justice Reform, and new legislation - such as HB5062 -has been passed that should be a significant boon to protecting the rights of Virginians. Both houses of the General Assembly have...
General Assembly Limits Reasons to Pull You Over
Update: Governor Northam has submitted recommendations to the General Assembly prior to signing HB5058. These updates correct a drafting error, and would allow officers to pull over a vehicle with improper brake lights, or headlights (at night). The General Assembly...
Some Fairfax County Misdemeanors to be Prosecuted by Law Enforcement
Recently, it was announced that the Fairfax County Commonwealth Attorney's Office would not be prosecuting certain Fairfax County misdemeanors. This new change is for several reasons, but a large one is that as body camera usage becomes more prevalent, prosecutors...
Virginia Paves Way For New Local Gun Laws
Background Until recently, local municipalities were largely forbidden to pass their own local gun laws. This preemption is related Virginia’s status as a Dillon Rule state, which restricts municipal power only to what is expressly granted by the Commonwealth....