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 At that point the question becomes whether or not the plea of guilt can be withdrawn and a plea of not guilty entered.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. …
An Important Gift This Christmas – Last Will and Testament
By this time in life you likely do one of two things around the holidays: buy your own Christmas gift or buy a joint gift with your spouse. In our home, we do the same. It’s practical and you know what is best for your self and your family. With that in mind, you can’t pass up on this important gift for Christmas. …
What are “Mandatory Minimums?”
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?
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 …
Waltrip Elected to Board of VACDL
The Virginia Association of Criminal Defense Lawyers (“VACDL”) recently elected Brandon C. Waltrip, Esq. to serve on the organization’s board of directors. The VACDL is an organization comprised of attorneys from across the Commonwealth of Virginia whose practice is primarily focused on the representation of those accused of criminal violations. The mission of the organization is to improve the quality of …
Can I win my relocation case?
Courts take very seriously relocation cases. As these cases can involve moving a child from their school, friends, relatives and the home they may have lived in, possibly their entire lives, a parent must ask themselves, “can I win my relocation case?” In this blog I examine a few of the important considerations in any relocation case. Best Interest Factors …
Custody Rights of Parents versus Grandparents
A common question that I receive as a child custody attorney is what are the custody rights of parents versus grandparents? The Court applies a different analysis depending on whether a grandparent is seeking custody, or whether they are seeking visitation. In this blog I focus on the analysis a court will use to determine custody rights of a parent …
An Assault and Battery Charge Can Affect Your Right to Own a Gun
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?
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 …
Waltrip Wins Assault and Battery Case
On July 15, 2014 in the Williamsburg James City County General District Court a client of Collins Waltrip, PC, was tried before a Judge on charges of Assault & Battery under Virginia Code 18.2-57. After the presentation of the Commonwealth’s case, Waltrip rested without presenting evidence for the defense and immediately made a Motion to Strike. Arguing that the Commonwealth …