The Law Office of Louis K. Nagy, PLCFindLaw IM Template2024-03-11T07:54:46Zhttps://www.nagylawva.com/feed/atom/WordPress/wp-content/uploads/sites/1302478/2021/02/cropped-nagy-favicon-32x32.pngOn Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543972024-03-11T07:54:46Z2024-03-11T07:54:46ZWhen police officers violated the law
The Fourth Amendment to the Constitution protects people from unreasonable searches and seizures of personal property by government agents. Police officers typically need warrants or permission to search private property unless they have probable cause. However, they often try to bend the rules or may break them and hope that no one raises questions later.
If a defense attorney can convince a judge presiding over a criminal trial that police officers violated the law or the civil rights of a defendant, they could potentially negotiate the exclusion of certain evidence from the criminal case. The exclusionary rule prevents state prosecutors from relying on evidence gathered through misconduct or a violation of someone's civil rights.
When the evidence may be unreliable
In some cases, a lawyer could question the use of certain evidence because of what happened after a search. When there are chain of custody issues, there may not be proper records of who accessed the evidence and what they did with it. For physical evidence such as DNA or fingerprints to be authoritative, police officers must follow certain standards when collecting, transporting, analyzing and storing that evidence.
Gaps in the chain of custody documents or other deviations from best practices could lead to questions about the accuracy of the evidence or the possibility of contamination. Sometimes, lawyers can convince the courts that the evidence is not reliable and could potentially excluded from inclusion during the trial or undermine its influence by raising questions about its accuracy.
Preventing the use of certain evidence is only one of many potentially viable criminal defense strategies that could work for those accused of breaking the law. Seeking legal guidance is a good way to learn more.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543962024-03-06T20:51:22Z2024-03-06T20:51:22ZA breath test measures your blood alcohol concentration, and it’s useful for police officers because the law sets the legal limit at 0.08%. If someone is over this legal limit while operating their vehicle, the officer can presume that they are impaired and make an arrest.
Those who are facing arrest may assume that the breath test guarantees that they will be convicted. They see it as indisputable evidence, which is much different than an officer’s personal account of how they were driving or how they did on field sobriety tests. A breath test feels much more scientific. But the reality is that it could be wrong.
Was the officer trained?
First and foremost, the officer needs to be trained in order to use the breath test correctly. If they lacked training or made mistakes, there’s no way to know if the results they got are accurate.
Was the test calibrated?
Similarly, the test itself needs to be calibrated at certain times, and there may be tasks that are necessary for maintenance and upkeep. If police officers have not carried out these calibrations, do they really know that you were over the legal limit? Perhaps the test just gave an inaccurate result.
Did anything else influence the results?
Finally, there are some outside factors that could cause you to have a high reading. For instance, maybe you burped during the test, putting more alcohol content into your breath. Or, perhaps you recently used mouthwash, so you tested positive for alcohol even though you hadn’t been drinking.As you can see, a breath test is no guarantee of a conviction. Just make sure you know what legal defense options you have.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543952024-03-06T20:50:15Z2024-03-06T20:50:15ZIf you have a criminal record in Virginia, you may have the option to have that record expunged. You have to send a petition to the court, and there is no guarantee that it will be granted. But the court can decide to expunge that record, and they may do so in situations where it is holding you back in significant ways – such as preventing you from finding employment, going to college or finding a place to live.Often, people believe that an expunged record has been erased or deleted. They are happy because they no longer have a permanent record that affects all these other areas of their life. But is that actually what happens?
The record is sealed
No, expungement does not mean that the record is erased. Generally, it just means that that record is sealed. It still exists, and the court could theoretically release it to certain individuals. For example, if police officers are conducting an investigation in the future, they may ask to view that criminal record, and they still can even though it has been expunged.The benefit to you, however, comes when you’re not dealing with the authorities. Technically, the court system or the police department could still see your record, but it’s not going to show up on a background check. If you’re trying to land a new job or putting in an application for an apartment, and that person runs a background check, they will see that you have a clear record.As noted above, not everyone who requests expungement has success, so it’s crucial that you understand exactly what legal steps you should take at this time.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543892024-02-21T18:13:30Z2024-02-21T18:13:30ZHas a friend dared you to take a “five-fingered discount” from a shop? Did your buddy shove a video game under your jacket and tell you to “act cool” as you were walking out of the store? You’d better think twice – because what you do next could have serious consequences.
Shoplifting is often treated like a petty offense or a game, especially by teens, but merchants are very serious about those losses – and Virginia law doesn’t go easy on shoplifters. Here are three things you need to keep in mind:
1. You don’t even have to leave the store to get into trouble
In some states, you have to actually leave the store before you can be charged with shoplifting – but Virginia isn’t one of them. Shoplifting is a type of larceny, and you can be charged for simply willfully concealing an item with the intent of stealing it. For example, that means you can be charged with shoplifting if you drop an item into your bag while you walk around the shop. You can also be charged for switching price tags on an item, even if you haven’t checked out.
2. You can be charged for aiding and abetting someone else who shoplifts
Maybe you goaded your buddy into lifting a couple beers from a convenient mart, or maybe you tried to alert your friend that a manager was looking your way before they got caught. Either way, that’s enough to land you in the same amount of trouble as if you were the one who stole the item since anybody who “counsels, assists, aids or abets another” in shoplifting is considered equally guilty.
3. Your charges will reflect the value of the items you’re accused of stealing
If the items you’re accused of trying to lift are worth less than $1,000, you can be charged with petit larceny, which is a misdemeanor offense. Anything over $1,000, however, and you face grand larceny charges – and that’s a felony. These days, it isn’t hard to get into felony territory.People are mistakenly accused of shoplifting all the time – so it is important not to panic. If you’re accused of shoplifting, exercise your right to remain silent. You can tell your side of things once you’ve had a chance to explore your potential defenses. ]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543882024-02-21T18:12:10Z2024-02-21T18:12:10ZAllergy sufferers don’t have it easy. There are a very few months of the year where the world is in enough of a “deep freeze” that all the pollen, mold spores and other allergens are locked down tight – and that time is pretty much over by now. Tree pollen, for example, is usually in full swing by the first part of March.
That means it’s time for this important annual reminder: Stock up on all the decongestants and allergy pills you need, but make sure that you don’t end up with a drunk driving charge because of your medication.
A lot of allergy drugs can leave you too impaired to drive
Before you take your allergy medications, check the label: If there’s a warning on the box or bottle that tells you not to operate heavy machinery while taking the medication, they’re talking about your car – not construction equipment.A lot of allergy medications (as well as drugs for other conditions) contain antihistamines, which are notorious for causing drowsiness, dizziness and delayed reaction times or confusion. These effects can become magnified when the drugs are taken with other medications that have similar effects, like anti-anxiety medications, pain relievers, cold medications, antidepressants and anti-seizure drugs. Alone or in conjunction with other medication, your allergy medication can simply leave you incapable of operating a motor vehicle safely – and the police don’t care if you’re impaired by drugs or alcohol when it comes to charging you with driving under the influence (DUI).It’s always important to remember that, while you can build up a tolerance to your medication over time that decreases or eliminates the negative side effects, that tolerance can evaporate after a few weeks or months of disuse. If you’re about to re-start your allergy meds for the upcoming spring, give yourself time to adjust so that you don’t end up facing charges. If you do misjudge your abilities and end up facing charges, the smartest thing you can do is seek experienced legal guidance.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543852024-02-10T01:09:53Z2024-02-10T01:09:53ZPreserving legal defense strategies
When you’re facing criminal charges, every action you take can potentially impact the outcome of your case. Posting on social media, even seemingly innocuous updates, can inadvertently provide prosecutors with evidence to strengthen their case against you. Therefore, it’s best to refrain from using social media during legal proceedings to help prevent any statements or images from being misconstrued or used against you in court.
Avoiding prejudice and bias
Social media is a breeding ground for opinions, speculation and misinformation. When details of a criminal case are shared online, they can quickly become sensationalized and distorted, leading to prejudice and bias among the public.
Jurors, who are meant to remain impartial, may be influenced by what they see or read on social media. This can potentially jeopardize the fairness of the trial. By staying off social media, you can minimize the risk of encountering prejudicial content that could impact your case.
Protecting personal privacy
In the digital age, privacy is increasingly difficult to maintain. As you may know, social media platforms collect vast amounts of personal data, which can be accessed by law enforcement agencies and used as evidence in criminal investigations. Even private messages and deleted posts can be retrieved through legal processes. By abstaining from social media activity, individuals can help safeguard their privacy and prevent sensitive information from falling into the wrong hands.
Mitigating negative public perception
Public perception plays an unignorable role in how a criminal case unfolds. When you remain active on social media while facing charges, the media and the public can scrutinize your online behavior. This may potentially lead to negative publicity and public condemnation. By refraining from social media activity, you can avoid exacerbating your situation and mitigate the risk of damaging your reputation irreparably.
While social media may offer numerous benefits, you need to exercise caution and restraint when facing criminal charges. By refraining from social media activity during legal proceedings, you can protect your legal defense strategies, avoid prejudice and bias, safeguard your privacy and mitigate negative public perception. Ultimately, staying off social media may significantly improve your odds of securing a favorable outcome in the face of criminal charges.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543842024-02-07T14:46:03Z2024-02-08T14:43:23ZAn elevated blood alcohol concentration
The only necessary factor for New Jersey to prosecute someone for a DUI offense is a failed chemical test. The per se blood alcohol limit in New Jersey makes it a criminal offense to drive with a certain amount of alcohol in one's bloodstream regardless of that individual personal alcohol tolerance or driving capabilities.
Someone who seems sober could still fail a breath test and end up facing criminal charges. For most adults, a BAC of 0.08% or higher is necessary for a per se DUI charge. However, those driving semi-trucks or other commercial vehicles can get arrested with a BAC of 0.04%. For underage drivers, a BAC of 0.02% is all the state needs to prove to potentially prosecute them.
The state has no obligation to prove that the alcohol impacted someone's driving ability to pursue DUI charges. Simply exceeding the legal limit for one's BAC is illegal all on its own. A per se DUI offense is a violation of the technical rules established in the law, not a charge related to someone's performance at the wheel.
In many cases, per se DUI charges rely heavily on chemical test results. There are ways to defend against per se charges, such as questioning the legality of a breath test or providing proof that test results were inaccurate. Ultimately, learning more about New Jersey laws, and seeking legal guidance as soon as possible, may benefit those accused of driving while under the influence.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543822024-02-07T00:44:46Z2024-02-08T00:42:46ZNew Jersey has strict privacy laws
Depending on the circumstances, someone accused of photographic or video voyeurism might face numerous serious consequences. Simply trying to watch someone undress or engage in an act of intimacy when they have a reasonable expectation of privacy is a crime of the fourth degree. The offense becomes a crime in the third degree when someone takes pictures or records the incident.
Even pictures of people taken showing their undergarments without their consent could lead to charges of a crime of the fourth degree. The decision to publish or share any video, audio recordings or photographs taken of people in a state of undress or during intimate moments without their consent.
Sometimes, a situation that looks like someone wanted to capture inappropriate videos has a far more innocent explanation. Other times, people may get accused of something that another party actually did. Understanding the laws in New Jersey may help people avoid breaking them or better plan a defense strategy after an arrest, depending on their circumstances.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543812024-02-07T00:38:54Z2024-02-07T00:38:54ZAffirmative defenses reframe an incident
Someone trying to mount an affirmative defense does not seek to prove that another party was at fault for an incident or that they were somewhere else at the time of a crime. Instead, the goal is to establish that what transpired is not technically a crime because of certain extenuating circumstances.
One of the most common affirmative defense claims made in Virginia involves convincing the courts that someone acted in self-defense. Although it is generally illegal to harm another person physically, it is legal to do so when people feel it is necessary to use force to protect themselves, their property or other people.
Some people might claim that they acted under duress. For example, someone who believes that a criminal has taken a family member hostage might commit crimes under the instructions of the kidnapper. They would not be fully culpable for their own actions because they committed those crimes while under duress.
Depending on the charges the state pursues, there are numerous different affirmative defense strategies possible. Someone who cannot realistically raise questions about their involvement in a crime could potentially convince the Virginia criminal courts that they did not intend to break the law but rather acted in a certain way due to circumstances outside of their control, as permitted by law.]]>On Behalf of The Law Office of Louis K. Nagy, PLChttps://www.nagylawva.com/?p=543802024-01-26T14:00:21Z2024-01-27T13:59:35ZBeing arrested for driving under the influence (DUI) of alcohol or refusing to submit to a breath test can result in several consequences, including losing your driving privileges.
For a first offense, your license will automatically be suspended for seven days if your blood alcohol concentration (BAC) is 0.08% or higher. For a second offense, your license will automatically be suspended for 60 days or until you go to trial, whichever comes first. For a third offense, your license will automatically be suspended until you go to trial. Lastly, if you are convicted of a DUI offense, your driver's license will be suspended in addition to other penalties.So, how can you move around without a valid driver's license? Here are five options:
Use public transport
Virginia has a safe and dependable public transportation system. Thus, this can be an option if your driver's license is suspended.
Ridesharing services
Several ridesharing apps are available on the market. You can easily find a driver online.
Walk
If you live close to work or have errands near your house, consider walking or cycling.
Carpooling
If you have friends or colleagues who are your neighbors, they can give you rides to work or other errands.
Apply for a restricted driver's license
When your driving license is suspended due to a DUI offense, you may be eligible to apply for a restricted driver's license. To request this license, you will submit documentation justifying why you need it to a court.Note that courts may grant restricted driving privileges at the time of conviction for a second and third violation. Thus, this option may be limited.It's crucial to plan how you will move around after a DUI arrest to avoid the temptation of driving with a suspended license.
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