Category: Criminal Law

Freaky Friday Halloween Decision – Drink and operate your car radio on your property may result in DUI conviction

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 this DUI case Read More …

Can I be convicted for republishing information related to matters of public concern where the information was illegally obtained by a stranger?

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 Read More …

Can I sue the prosecutor or the Commonwealth Attorney?

Question: Can I sue the prosecutor or Commonwealth Attorney for malicious prosecution? Answer: Probably Not.  Explanation:  In Andrews v. Ring, 266 Va. 311, 585 S.E.2d 780 (2003), the Virginia Supreme Court explicitly held that the Commonwealth’s Attorney was entitled to absolute immunity from suit alleging malicious prosecution. Absolute immunity is designed to free the judicial Read More …

“Exculpatory Evidence” – Does the prosecutor have a duty to disclose information which is favorable to the accused tending to negate this guilt or show that he is innocent?

With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a Read More …