Can my Child Be Tried as an Adult?

Brandon Waltrip Criminal Defense

When a child is charged with a serious crime a parent’s first thought is usually whether or not their child can, or will be treated as an adult. Having represented juveniles in crimes ranging from simple possession of alcohol to robbery, malicious wounding, and even rape, it is a serious question to consider if your own child has been charged …

The Reality of Expungement of Police and Court Records in Virginia

Stephen Campbell Criminal Defense

Criminal convictions, arrests, and even police investigations can have wide-ranging collateral consequences on an individual.  Records relating to such events can prevent advancement in one’s career or even getting your career started. Virginia has enacted a law that allows for the expungement of police and court records under certain circumstances.  Virginia allows for any person who is charged with a …

SPEEDING TICKETS AND TRAFFIC TICKETS IN VIRGINIA

Stephen Campbell Criminal Defense

VIRGINIA TRAFFIC AND SPEEDING TICKETS BY THE NUMBERS According to a 2012 Fairfax News article, during the Commonwealth’s 2010 fiscal year, Virginia’s courts accumulated $238,314,876 from all traffic tickets.  Needless to say, $238 million means that quite a few traffic tickets were issued on Virginia’s 75,000 miles of roadway.  According to Fairfax News, which cites analysis from AAA Mid-Atlantic, $101 …

DUI 2nd Client Found Not Guilty

Brandon Waltrip Criminal Defense

A client of Waltrip & Campbell, PC, represented by Brandon C. Waltrip, Esq., was found not guilty of Driving Under the Influence 2nd Offense in the Williamsburg James-City County General District Court after trial on May 19, 2016. The Court found there was insufficient evidence the client was driving on the night in question. If found guilty the client faced …

Can I Withdraw A Guilty Plea?

Brandon Waltrip Criminal Defense

It is not uncommon in a criminal case for a client to be offered a plea agreement, accept, then reconsider. At that point the question becomes whether or not the plea of guilt can be withdrawn and a plea of not guilty entered. In order for a client to withdraw their plea of guilt they must demonstrate both of two requirements. …

What are “Mandatory Minimums?”

Brandon Waltrip Criminal Defense

In this blog I examine mandatory minimum sentences as they apply to criminal charges. Mandatory minimums are the result of state legislatures taking control of the judicial system. Some have argued they are a response to “activist” judges, or unruly juries. Nonetheless, mandatory minimums litter the landscape of the current criminal defense system and must understood and dealt with by …

What is “residue” in a drug case?

Brandon Waltrip Criminal Defense

Countless people are charged and ultimately convicted for drug crimes because the police find “residue” on a piece of evidence. In this blog I examine what residue is in regards to a drug charge, and a few ways in which the analysis can be invalidated. Residue is a term used by state laboratories to define a test result where there …

An Assault and Battery Charge Can Affect Your Right to Own a Gun

Brandon Waltrip Criminal Defense

In Virginia, Code Section 18.2-57.2, or Assault and Battery against a Family or Household Member, is a charge which the legislature has recognized as a variation from the standard assault and battery. They have done so by creating a First Offender Statute under Virginia Code 18.2-57.3. The First Offender statute allows a person found guilty, or who stipulates that there is …

I’ve Been Arrested, Now What?

Brandon Waltrip Criminal Defense

There are few things more frightening than being arrested and charged with a crime. More frightening is the uncertainty such crimes might have on a persons future including the impact on one’s family, career, and finances. So what should you do if you have been arrested and charged with a crime? In this blog I look at the three most …

DUI Lawyer in Williamsburg, VA

Three Phases of a DUI

Brandon Waltrip Criminal Defense

3 Phases of a DUI in Virginia There are three phases to every DUI, or Driving Under the Influence charge. These include the Stop, the Search, and the Trial. Based on the actions of the police officer, and the driver, a person charged with a DUI may have a charge dismissed. It’s important to understand each of these phases, and I …