Can I Withdraw A Guilty Plea?
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 At that point the question becomes whether or not the plea of guilt can be withdrawn and a plea of not guilty entered.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 […]
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 […]
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 […]
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 […]
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 […]
Three Phases of a DUI
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 […]
Waltrip Wins Jury Trial
Attorney Brandon Waltrip successfully defended a client in a jury trial on August 22, 2014. The client, who was charged with one count of Assault & Battery under Virginia Code 18.2-57, faced a possible twelve (12) month jail sentence and a $2,500 fine. After a day long trial at the Williamsburg James-City County Circuit Court, […]
Malicious Wounding Dismissed at Pre-liminary Hearing
On December 12, 2014, a client of Collins | Waltrip, PC, represented by attorney Brandon C. Waltrip, had their case dismissed at preliminary hearing. The client had been charged with Malicious Wounding, which is a Class 3 Felony in Virginia, and punishable by up to twenty (20) years in prison and a $100,000 fine. The […]
What is a preliminary hearing?
A preliminary hearing is one of many hearings in the process of defending an accusation of criminal conduct. Outside of the actual trial of the case, it can also be one of the most important. For a blog on preliminary hearing strategy click here. Virginia Code § 19.2-218 states “No person who is arrested on a […]
What is an Arraignment and whose this attorney?
One of the first steps in a criminal prosecution is the arraignment. This is when the accused is brought before a judge or magistrate to determine whether he or she wishes to hire an attorney, have the court appoint an attorney, or waive the right to an attorney. It is in many respects the most […]