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Fairfax County Legal Blog

The misunderstanding of Miranda

Most people in Virginia have heard the advice involving the Miranda warning. One is not to speak to law enforcement officers when under suspicion or officers are asking questions. Many people may forget this sage advice when under the stress of questioning.

However, it is critical to the strength of a person’s defense later that he or she not have made statements that can later be evidence of guilt. A factually innocent person can later unexpectedly find him or herself in the shoes of a defendant. So, what is this thing called a Miranda warning?

Is it mandatory to take a field sobriety test in Virginia?

Drinking and driving is a serious problem. Luckily, the total number of alcohol-related crashes has been on the decline in Virginia. However, there were over 20,000 convictions of driving under the influence in 2015 in the state, according to data from the state’s DMV.

Many police officers will attempt to establish probable cause that a person was driving while intoxicated through a field sobriety test. Most people know that they have a right to remain silent, but they wonder if this extends to taking a field test. In this situation, it is important to review Virginia’s laws on the subject.

3 reasons to never talk to police without a lawyer

If the police are at your door or pulling you over, it is likely because they suspect you of a crime. If they already detained you, they have enough of a reason to arrest you and want to get you to admit to the crime. Even if you are completely innocent, talking to the police can lead to worse consequences. If you say something wrong or tell a white lie, you could face hefty criminal charges.

There are plenty of reasons that you have the right to remain silent. Keep reading for reasons to never talk to law enforcement while being investigated.

3 consequences of not following doctor’s orders

If you have been injured, seeking medical care is the most urgent order of business for making a full recovery. Whether you have suffered a broken bone, laceration or other physical harm, it is important to find the right provider and get the health care you need.

Too many people do this, however, and then make the mistake of disregarding the doctor’s orders. According to U.S. News, failure to comply with prescribed treatment costs $300 billion in the U.S. annually, but there are other consequences, too.

Virginia’s drug offenders need treatment, not incarceration

Virginia's prisons face a near-constant overcrowding problem. If you have ever spent time in one, you may know that many who are filling those beds are there because they committed drug-related offenses.

Depending on where you live and whether you have offended before, you may not necessarily have to serve time behind bars if you are an addict facing a serious criminal charge. Though not yet available in all counties, many court systems are increasingly offering drug addicts an alternative to imprisonment known as drug court. Drug courts offer several proven benefits.

As temps rise, so does chance of pedestrian accidents

Cherry blossoms are blooming, kids are on break and Northern Virginia residents who have been cooped up over the winter are coming out of hibernation. These are all good things, but the resurgence of mild weather and active men, women and children also presents at least one concern.

During the spring more so than in the winter, motor vehicles and pedestrians regularly share the roadways. Biking and walking outdoors make for good exercise, happy family times and even saved money for those who commute to work by foot or bicycle. This list of pedestrian pros, however, is offset when so many pedestrian accidents occur every year.

As temps rise, so does chance of pedestrian accidents

Cherry blossoms are blooming, kids are on break and Northern Virginia residents who have been cooped up over the winter are coming out of hibernation. These are all good things, but the resurgence of mild weather and active men, women and children also presents at least one concern.

During the spring more so than in the winter, motor vehicles and pedestrians regularly share the roadways. Biking and walking outdoors make for good exercise, happy family times and even saved money for those who commute to work by foot or bicycle. This list of pedestrian pros, however, is offset when so many pedestrian accidents occur every year.

7 things to do after a slip-and-fall accident

Many people roll their eyes at reports of slip-and-fall accidents, but the simple truth is that these accidents can be extremely serious. A fall could lead to broken bones, muscle strains or tears or traumatic brain injuries. The pain and suffering can last for years.

Property owners must take reasonable steps to protect the health and safety of visitors. When they fail, you deserve compensation to help afford the medical treatment and lost wages that come with your injury. To protect your claim, there are several important steps you must take as soon as possible after your accident.

Teen posing as doctor accused of theft & property crimes

Some Virginia readers may recall a high profile case in 2015 in which a teenager was accused of posing as a physician. The young man was found walking through the halls of a hospital wearing a lab coat and a stethoscope. Although the incident led to national media coverage, he was not charged in that matter. The same young man was recently arrested in Virginia and is accused of various theft & property crimes, including identity theft.

Authorities allege that the 19-year-old man committed identity theft by taking actions to obtain money and credit under false pretenses. He has been charged in the matter and faces additional charges in another state. According to investigators, he provided false information to a car dealer in an attempt to purchase a vehicle. He allegedly told the dealer that an elderly woman who was with him planned to co-sign for an auto loan.

Shooting leads to juvenile crimes charges for 1 teen

A violent incident has led to criminal charges for four young men in Manassas, Virginia. One of the young men is only 17 years of age, yet faces serious juvenile crimes charges. As he prepares his defense in the matter, he faces grave potential ramifications if a conviction is obtained against him.

The incident took place on a recent Wednesday. The 17-year-old was with another young man walking through a wooded area when they encountered two teenage boys. A physical struggle followed, and the older man allegedly struck one of the victims and shot the other. The other two men were in a car parked nearby, and all four left the scene.

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Fairfax, VA 22030-7528

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