DUI 2nd Client Found Not Guilty

Brandon WaltripCriminal 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 WaltripCriminal 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 At that point the question becomes whether or not the plea of guilt can be withdrawn and a plea of not guilty entered.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 WaltripCriminal 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 WaltripCriminal 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 WaltripCriminal 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 WaltripCriminal 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 …

Three Phases of a DUI

Brandon WaltripCriminal 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 …

Waltrip Wins Jury Trial

Brandon WaltripCriminal Defense, In the Media/Case Results

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, the jury returned a verdict …

What is a preliminary hearing?

Brandon WaltripCriminal Defense

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 charge of felony shall be …