Roadblock stops

Many drivers are stopped and charged with various offenses, at roadblocks, throughout the commonwealth. The United States Supreme Court has ruled that stopping an automobile and detaining the occupants at a roadblock, constitutes a seizure under the fourth amendment of the U.S. Constitution. The Court has stated that the legitimacy of a roadblock is determined by weighing the state’s interests in establishing the roadblock, against the potential intrusions on personal privacy. In order for a roadblock to be constitutional, it must be carried out pursuant to a plan or practice which is explicit, contains neutral criteria, and limits the conduct of the officers undertaking the roadblock. This must be done in order to insure that one’s reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field. This means that if you are stopped and ticketed or arrested, via a roadblock, then the commonwealth will have to show a written and filed plan in court. This plan must establish reasoning for said roadblock and a means by which it can be carried out using neutral criteria. As you can see, the law surrounding roadblock stops can be confusing. If you have been caught in a roadblock contact me and I will be happy to review your case and if retained I will fight to make sure all the constitutional safeguards have been followed.

Possession of Marijuana

Marijuana is a very controversial issue. Arguments have been made for the legalization of marijuana, for medical and personal use. The mindset towards marijuana has been up and down since the drug was discovered centuries ago. When the original colonies were founded in Virginia, farmers were actually required to grow, what was referred to as “Indian Hemp”. During the early 1900’s, Mexican immigrants started bringing marijuana into the states. However the first law, criminalizing marijuana, was founded because of use by Mormons. Mormons in 1910 would travel into Mexico and bring marijuana back to Salt Lake City. The church was not pleased and made it against church law. Since the Church in Utah enshrined Mormon law into state law, the state soon followed. However the thrust of illegalization in the early 1900 was fueled by racism against Mexicans and African Americans. Politicians claimed the drug made these people into murderers, and uncontrollable. The marijuana tax act of 1937 targeted minorities, as they could not pay the tax. In 1969, the tax act was found unconstitutional, however marijuana was added as an illegal drug in the drug control act of 1970. The 1980’s brought further criminalization of marijuana. However, States seem to be slowly loosening their hard stance on marijuana. Several states have made medical marijuana legal. States such as Alaska have nearly passed laws decriminalizing small amounts of marijuana for personal use.

In Virginia possession of marijuana is a misdemeanor, and can possibly land you in jail for 30 days. However, usually a first offense can be worked out to what is called “first offender treatment” this means that after six months the charge can be dismissed. You will be required to test clean, and you will lose your driver’s license for six months. However, this gives you a chance to have the charge dismissed from your record. A second offense is punishable up to 12 months in jail and a fine of $2500. Penalties get tougher for large amounts, cultivation or sales. If you are charged with possession of marijuana you need to contact an attorney. Call me, Criminal Defense Attorney Sean Contreras and I will be happy to review the law with you and advise you of what you can expect.

Can the police search my car after a traffic stop?

If you get pulled over and the police ask to search your vehicle, what are your rights? A good rule of thumb is that if you are being pulled over for something that you can be arrested for, e.g. dui, contraband in plain view, then the officer probably has the right to search your car. A speeding ticket is not probable cause to search your car. You do not have to consent to the search. The officer must have probable cause that a crime has been committed or is about to be committed. If you are pulled over for a speeding ticket and then the officer asks, if he can search your car. You may ask the officer if you are under arrest? If he says “no” then ask him if you can leave. Ask him why he wants to search? Make it clear that you do not consent to a search. However, advise him or her that you will not physically obstruct them, if he believes that he has probable cause. Even if you refuse consent to search, the officer might search anyway. Many times the officer will just say that he smells marijuana or something that he really doesn’t smell. Be smart, be polite, but verbally, refuse the search. If the officer searches your car without your consent he will have to justify to a judge why he thought he had probable cause to search in the event contraband is discovered. If you are charged with a crime based upon items seized from the car, your lawyer may be able to challenge the admissibility of this evidence with a suppression motion. Had you consented to the search then this potentially valuable defensive strategy would not be available to you.

Third-graders arrested in teacher attack plot

In WAYCROSS, Ga. A group of third-graders plotted to attack their teacher, bringing a broken steak knife, handcuffs, duct tape and other items for the job and assigning children tasks including covering the windows and cleaning up afterward, police said Tuesday.

School officials alerted police Friday after a pupil tipped off a teacher that a girl had brought a weapon to school. Tanner said the students apparently planned to knock the teacher unconscious with a crystal paperweight, bind her with the handcuffs and tape and then stab her with the knife.

"We did not hear anybody say they intended to kill her, but could they have accidentally killed her? Absolutely," Tanner said. "We feel like if they weren't interrupted, there would have been an attempt. Would they have been successful? We don't know."

The children, ages 8 to 10, were apparently mad at the teacher because she had scolded one of them for standing on a chair, Tanner said.

Two of the students were arrested on juvenile charges Tuesday and a third arrest was expected. District Attorney Rick Currie said other students told investigators they didn't take the plot seriously or insisted they had decided not to participate.

Currie said the children are too young to be charged as adults, and probably too young to be sentenced to a youth detention center.

In Virginia children can be tried as adults and sent to jail, not detention. However this depends on the age of the child and the seriousness of the offence. A hearing would have to be conducted in juvenile court to determine if the child is going to be tried as an adult. Some offenses carry a presumption that they will be tried as adults. Crimes committed by juveniles, no matter how petty the crime may seem, can have long lasting effects on the offender’s life. Juvenile offenders can get caught up in the judicial system and stay there longer than necessary. If your child is in any legal trouble, please contact an attorney, the future of your child depends on it.

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What is Alternative sentencing?

What is Alternative sentencing? If you are charged with a serious crime you may be looking for an alternative to jail time.

The legislature stipulated in Virginia Code§ 17-235, that “appropriate candidates for alternative sanctions, may include but are not limited to (i) fines and day fines, (ii) boot camp (iii) local correctional facility incarceration (iv) diversion (v) detention (vi) home incarceration/electronic monitoring (vii) day or evening reporting (viii) probation supervision (ix) intensive probation supervision and (x) performance of community service.” The VCSC includes in it’s definition of alternative punishments a broad range of local programs, many of which are administered by community serviced board, including drug and alcohol treatment programs, halfway houses and residential facilities, and job training or release programs.

The Detention Center is a four to six month program that emphasizes military drill, military discipline, strict hygiene and limited privileges. Detainees perform labor as part of organized public works or community services projects. Detainees participate in random urinalysis testing, medical and psychological counseling, substance abuse treatment, life skills, GED/ABE classes.

The Diversion Center is a four to six month residential program. The program staff monitors offenders working in the community at paid jobs. There is random urinalysis testing, employment counseling, substance abuse education, basic education/GED, parenting skills and independent living training, transitional services, and training in coping with domestic violence.

The Day reporting Center is staffed by probation and parole officers. Day reporting includes daily contact with the offender, and monitoring and random checking of daily itineraries, job interviews, counseling attendance and community service. Offenders are provided intensive substance abuse treatment services, aftercare/relapse prevention counseling, AA/NA group therapy, GED/ABE classes, life skills classes, job referrals, and vocational services. Other services, such as parenting skills, are provided as needed.

It is important to hire an attorney who is familiar with the different options when it comes to sentencing. Give me a call and I will be happy to discuss these options with you.