BEYOND A REASONABLE DOUBT IN VIRGINIA

Posted Posted in Criminal Law

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 […]

Settlement Terms Released for 2020 RPD Violations of 1st Amendment Rights of Protestors at Lee Circle on June 1, 2020.

Posted Posted in General

Transparency – Part of the terms of the Settlement! City of Richmond to donate June 1, 2020 protest materials to Library of Virginia for public access. (Links below!!!) Public can also contribute materials from June 1 protest to the archive. A settlement brokered by Thomas H. Roberts & Associates, P.C., a civil rights law firm […]

“Legal Mail” in prisons & jails

Posted Posted in General

6th Amendment – right to counsel The opening of legal mail out of a prisoner’s presence may cause some prejudice by inhibiting the prisoner and his attorney from discussing in such correspondence matters which they would wish to remain confidential, and this might affect the lawyer’s ability to represent his client most effectively, with protections […]

Parental Rights – Termination of parental right and adoption and Va Code § 63.2-1215 factors

Posted Posted in General

3-15-2022 – Reversal of Termination of Parental Rights. On March 15, 2022, the Virginia Court of Appeals reversed the Prince William County Circuit Court’s termination of parental rights of Mulvey. The opinion reaffirmed the parent’s constitutionally protected interest in maintaining the parent-child relationship.  Judge Wesley G. Russell, writing for the Court, quoting the United States […]

Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario

Posted Posted in Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation

TO READ THE LATEST UPDATES – CLICK HERE Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of Virginia, Norfolk This action arises from the behaviors of two Windsor [Virginia] police officers, Joe Gutierrez and Daniel Crocker (jointly, the “Defendants”), who, while on duty and in uniform, initiated a traffic stop against a […]

2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, General

2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with a federal opinion establishing that a law enforcement officer cannot lawfully retaliate against a citizen for criticisms and Facebook posts by attempting to induce another officer to issue a traffic citation.   In a decision […]

Civil Rights In Virginia – Upheld by Virginia’s Highest Court – 2020

Posted Posted in Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, Fourth Amendment, General

Virginia’s Highest Court Confirms That It Will Not Tolerate Virginia Law Enforcement Violations Of  The 4th Amendment To The U.S. Constitution Or Virginia Statutes Protecting Its Citizens from Unlawful Arrests, Unlawful Searches and Excessive Force. UPDATE: July 12, 2021 – Petersburg jury awarded $300,000 in compensatory and punitive damages.  The trial court will next determine […]

Can I sue my employer for sexual harassment by non-employees?

Posted Posted in Civil Rights, Employment Law, sexual harassment

Q. Can I sue my employer for sexual harassment by non-employees? A. Yes – if the employer knew and negligently failed to take remedial steps to stop or prevent the sexual harassment. A hostile work environment based upon sexual harassment. Generally speaking, in order to prove sexual harassment based on a hostile work environment, a […]

Prior Restraint of Speech – First Amendment Violations

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, General

RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox and Karn – To Help In This Battle The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship […]