Blogs from June, 2019

Larceny

The Commonwealth of Virginia classifies all theft as larceny, or the unlawful taking of property that doesn’t belong to you, with intent to deprive the owner of their property permanently.

Larceny is the theft of:

• Certain poultry and animals
• Checks and bank notes
• Unauthorized use of vehicles, boats, animals, or aircrafts
• Taking or concealing merchandise (shoplifting)
• Destruction or theft of public records
• Embezzlement

While all theft is labeled as larceny, it’s not all treated/punished equally. If caught or accused of stealing from a person or business, you will be charged with one of two types of larceny:

Petit Larceny

Petit larceny is the theft of services or property valued at less than $500, or theft of property valued at less than $5 if it was taken directly from a person. In Virginia, this type of theft is considered a class 1 misdemeanor, punishable by a fine not exceeding $2,500, confinement in jail for no more than 12 months, or both.

Grand Larceny

Grand larceny is the theft of property exceeding the amounts listed above or theft of any firearm. This type of theft is considered a felony, which means a conviction will be more serious and damaging to your life. If convicted, you could face up to 20 years in prison and you must list your charge on employment applications when released, which will make it extremely difficult to find employment after you are released from prison.

Sometimes, a jury will drop a grand larceny charge down to a misdemeanor if the offender has no previous criminal record and/or the value of the property stolen is only slightly more than $500. If your charge is dropped down to a misdemeanor, your punishment will be the same as if you committed a petit larceny.

Previous Convictions

If you are convicted of larceny in Virginia, with prior convictions of either misdemeanor theft or felony larceny, your punishment may be harsher. For one, you will be confined to jail for at least 30 days and not exceeding more than 1 year.

If you have been convicted of larceny offenses 3 or more times, your offense will automatically be considered a Class 6 felony, which means you could face prison time for anywhere between 1 to 5 years and/or be required to pay a fine of $2,500. An attorney with theft-crime experience may be able to help you get your punishment dropped to the least severe outcome.

Contact The Law Offices of Daniel J. Miller

If you are in Virginia Beach and facing a larceny charge of any severity, contact our firm today. We have experience with every type of theft - crime and we know how to navigate the legal system to seek the least severe punishments.

Call us today at (757) 267-4949">(757) 267-4949 or contact us online for a FREE case evaluation.

The subject of bail can be a confusing one if you have never been arrested before. What is bail, how do you post bail, and what happens once you are released on bail?

After an arrest, a court magistrate will conduct a hearing to determine if the arrested party will be held in jail, released on bail, or released without bail. Bail is put in place to allow a defendant to be released from jail before trial. It serves as a financial guarantee that the accused will be present for their court proceedings. If they show up, bail is returned to the defendant in full; if they decide to flee before trial, the bail is kept and they likely won’t get bail again once found and arrested. Bail is different for each case - there is no set amount per offense or per person.

The Magistrate determines bail based on the following factors:

• The circumstances or nature of the offense
• Whether or not a gun was allegedly used to commit the offense
• The evidence against the arrested
• The financial resources of the arrested, i.e. do they have the means, or does their family have the means, to afford the bond?
• The personal character of the arrested, including; family, employment, and education level
• Length of residence within the community
• Conviction record (or lack thereof)
• Number of appearances at court proceedings (or lack thereof)
• How many times the arrested has fled after being released on bail
• Whether the person is likely to attempt to obstruct justice, or threaten, intimidate, or injure a potential witness
• Any other relevant information available to aid in determining if bail is appropriate

If the magistrate decides to forego the option of release on bail, the arrested party must stay in jail until their appointed court date. The best way to ensure the arrested party will be released on bail is to hire a criminal defense attorney. In addition to negotiations with the court magistrate, a skilled attorney can also negotiate with a bail bondsman for quick release of the arrested party on bail.

Get in Contact with The Law Offices of Daniel J. Miller for 24/7 Defense

At The Law Offices of Daniel J. Miller, we know what it takes to get a defendant out of jail on bail. We also know that an arrest can be jarring not only for the arrested party, but for their family, which is why we aim to take as much worry out of the process as possible. Let us help you secure a bond for bail so you can spend you time at home rather than in jail.

Call our firm at (757) 267-4949">(757) 267-4949 or contact us online for a free case evaluation.

If you are caught drinking alcohol in public and you are under the age of 21, the consequences could follow you for the rest of your life. You’ll need an attorney who has experience with underage drinking cases to navigate the court proceedings with you.

Minor vs. Young Adult Alcohol Possession

Depending on age, the severity of punishment for possession or consumption of alcohol can vary widely. For instance, if you are tried in in juvenile court as a minor, your punishment may only be a suspension of driving privileges for 6 months.

Other sentencing for minors includes:

• being barred from applying for a driver’s license for 6 months (if the minor is under the age of 16);
• mandatory completion of an alcohol treatment program; and
• time in a juvenile detention facility;

*In some cases, the charges could be dropped completely.

A young adult between the ages of 18 and 20; will be tried as an adult and, therefore, will be subject to more severe sentencing. While they also could get their license suspended for 6 months, the punishments may increase in harshness for adults vs. juveniles.

Young adult sentencing options are:

• driver’s license revocation for up to 1 year (the court may allow them to continue to drive to work, medical facilities, and places of worship);
• a fine of at least $500;
• completion of 50 hours of community service; and
• formal DUI charges (if caught driving a vehicle with a blood alcohol level of .02 or more).

Contact The Law Offices of Daniel J. Miller for a FREE Consultation

If you were recently found in possession of alcohol, or you have an underage child who was charged with possession of alcohol, don’t wait to contact our law firm today. We understand that mistakes happen, especially when influenced by peers, and we firmly believe that these mistakes shouldn’t follow you for the rest of your life. We’re here to make sure that doesn’t happen.

Contact our firm today by calling (757) 267-4949">(757) 267-4949 or contact us online for a free consultation.