What is proof beyond a reasonable doubt in Virginia? Must exclude every reasonable hypothesis of innocence and be consistent only with the guilt of an accused! Suspicion or “probably” is NOT enough! “It is elementary that the burden is on the Commonwealth to prove every essential element of the offense beyond a reasonable doubt. The evidence must exclude every reasonable hypothesis of innocence and […]
So, the police have searched your home but didn’t give you a copy of the warrant, the affidavit upon which the search warrant was issued or even a copy of the return – how do you get a copy of the search warrant in Virginia? The law surrounding search warrants includes the 4th Amendment […]
February 7, 2018 – Civil rights attorney Tom Roberts successfully defended former Dinwiddie County Deputy Hector Jimenez in a high profile criminal case. Mr. Jimenez had been charged with two felonies: taking indecent liberties with a minor in violation of VA Code § 18.2-370(A)(4), with potential imprisonment of between 1 and 10 years, and aggravated […]
Q: Is it lawful to buy a car from one person, obtain the title without filling in the name of the purchaser on the title, and flip it to another buyer, filling in that 2nd purchaser’s name as the purchaser? A. No, the practice is known as “floating the title” or “title jumping” and is […]
Election Fraud Charges against Charles City County Sheriff Candidate Vance Richards Dismissed. 5-6-2016 Attorney Tom Roberts together with an associate with the law firm successfully defended Vance Richards against 9 felony charges of election fraud in Charles City County Virginia in a 2 day jury trial. The Commonwealth contended that Richards did not properly establish […]
What is the difference between construction fraud and breach of contract under Va. Code 18.2-200.1? The Commonwealth must prove 5 things to convict a person of construction fraud, namely that the contractor (1) obtained an advance of money from another person; (2) had a fraudulent intent at the time the advance is obtained; (3) made […]
(See update below) Freaky Friday Halloween Decision by the Virginia Supreme Court. The public is mystified by what it considers a new legal absurdity –Listening to your car radio in a private driveway while drinking is illegal and may result in a DUI conviction! Sarafin v. Commonwealth of Virginia, October 31, 2014. The odd conclusion in […]
SPECIAL GRAND JURIES IN VIRGINIA Special grand juries have substantial power to conduct an investigation and limited power to return a “true bill” of indictment. Most grand juries are not well informed of their power and in fact may be misinformed. The state provides a handbook for Virginia Grand Jurors which provides some useful information […]
En Español Q. Can the police search my car without a warrant? A. Yes, if the car is readily mobile and there is probable cause. The United States Supreme Court answered this question in Md. v. Dyson, 527 U.S. 465, 466-467 (1999). It stated The Fourth Amendment generally requires police to secure a warrant before […]
Q. Can I be properly convicted for republishing information related to matters of public concern where the information was illegally obtained by a stranger? A. No. (However you may be wrongly convicted!) The civil rights law firm of Thomas H. Roberts & Associates, P.C. defends persons facing charges for reposting or publishing information on matters […]