In more than 30 years of criminal defense, we and our clients have faced extremely challenging and life-threatening situations. With each, we come together first to understand the situation completely, as well as what we want out of it, and then we devise a strategy that will be carried out with my determination and decades of experience. Below, you’ll see successful results in criminal cases ranging from DUI to first degree murder. While these results are not intended to provide a false promise that your case will result the same exact way, they do serve as examples of what can be done in the courtroom, even when one feels there is no hope.
If you’re facing a criminal charge, call our firm today at (757) 491-8800 for truly skilled representation.
Felony Assault and Battery on a Law Enforcement Officer – Charges Dismissed
Result: Charges Dismissed
Felony Assault and Battery on a Law Enforcement Officer – Charges Dismissed
Result: Charges Dismissed
Case Summary: May 7, 2021 No Guilty Jury trial verdict - charges dismissed Chesapeake Circuit Court - Criminal Division Felony Assault and Battery on a Law Enforcement Officer
Charge: Felony Assault and Battery on a Law Enforcement Officer
Comment:
Court: Chesapeake Circuit Court
Date: May 7, 2021
Disposition:
Trial: Jury trial
Felony child molesting case dismissed
Result: Not Guilty
Felony child molesting case dismissed
Result: Not Guilty
Case Summary: Defendant is the long time boyfriend of the alleged victim's grandmother. She claimed the defendant took liberties with her while she was a runaway and staying at the home of her grandmother. There were issues of the complainant's credibility as well as whether the defendant was in a supervisory role over her as required by the statute. Case dismissed
Charge: Indecent Liberties Custodial , Va. Code Section 18.2-370.1
Comment: These are some of the most difficult cases to defend. I have defended 100's of these kinds of allegations. I am very gratified by the Judge's verdict. My client has his life back.
Court: Norfolk Circuit Court
Date: September 18, 2019
Disposition: Charges dismissed
Trial: Judge Trial
Dismissed
Result: Not Guilty
Dismissed
Result: Not Guilty
Case Summary:
Charge: Forcible Sodomy, Section 18.2-67.1
Comment:
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial: Jury Trial
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Va Code 18.2-258.1 Prescription Drug Fraud
Comment:
Court: Virginia Beach General District Court
Date:
Disposition:
Trial:
Not Guilty
Result: Not guilty finding after a two day jury trial. All charges dismissed.
Not Guilty
Result: Not guilty finding after a two day jury trial. All charges dismissed.
Case Summary: xxx
Charge: Aggravated Sexual Battery
Comment: xxx
Court: Newport News Circuit Court
Date: March 5, 2001
Disposition: xxx
Trial: Jury Trial
Not Guilty
Result: Not Guilty finding after a three day jury trial.
Not Guilty
Result: Not Guilty finding after a three day jury trial.
Case Summary:
Charge: Object Sexual Penetration; Aggravated Sexual Battery
Comment:
Court: Chesapeake Circuit Court
Date: March 12, 2002
Disposition:
Trial: Jury Trial
Not Guilty
Result: Not guilty finding by a jury after a one week trial, all charges dismissed
Not Guilty
Result: Not guilty finding by a jury after a one week trial, all charges dismissed
Case Summary:
Charge: 1st Degree Murder; Illegal Use of a Firearm
Comment:
Court: Chesapeake Circuit Court
Date: March 17, 2003
Disposition:
Trial: Jury Trial
Reduced Charges
Result: Reduced to reckless driving
Reduced Charges
Result: Reduced to reckless driving
Case Summary:
Charge: DUI Second Offense
Comment:
Court: Virginia Beach Circuit Court
Date: June 30, 2005
Disposition:
Trial: Judge Trial
Not Guilty
Result: Found not guilty by jury after three day trial, all charges dismissed
Not Guilty
Result: Found not guilty by jury after three day trial, all charges dismissed
Case Summary:
Charge: Forcible sodomy, abduction with intent to defile
Comment:
Court: Norfolk Circuit Court
Date: November 14, 2005
Disposition:
Trial: Jury Trial
Dismissed
Result: Dismissed following a trial before a Federal Magistrate
Dismissed
Result: Dismissed following a trial before a Federal Magistrate
Case Summary:
Charge: Va Code 18.2-266 DUI
Comment:
Court: U.S. District Court, Eastern District of Virginia, Norfolk
Date: July 13, 2006
Disposition:
Trial: Judge Trial
Reduced Charges
Result: DUI amended to reckless driving. No license suspension. Suspended sentence and fine plus costs.
Reduced Charges
Result: DUI amended to reckless driving. No license suspension. Suspended sentence and fine plus costs.
Case Summary:
Charge: Va Code 18.2-266 DUI
Comment:
Court: Hampton General District Traffic Court
Date: May 17, 2007
Disposition:
Trial: Judge Trial
Not Guilty
Result: Not guilty on all counts
Not Guilty
Result: Not guilty on all counts
Case Summary:
Charge: VA Code 18.2-63 Carnal Knowledge (2 counts) and VA Code 18.2-370 Indecent Liberties
Comment: This was a case where our client had been accused of sexual intercourse with a fourteen-year-old girl. In a two-day trial, we successfully convinced a jury of the inconsistencies in that juvenile’s story resulting in a full dismissal on both counts of Carnal Knowledge as well as the single count of Indecent Liberties. A conviction would have resulted in a mandatory four (4) years in prison away from our client's wife and infant child along with the loss of a promising Navy Career.
Court: Norfolk Circuit Court
Date: January 15, 2008
Disposition:
Trial: Jury Trial
Not Guilty
Result: Not Guilty, dismissal of all charges after a trial
Not Guilty
Result: Not Guilty, dismissal of all charges after a trial
Case Summary:
Charge: Object Sexual Penetration [VA Code § 18.2-67.2] — Felony
Comment:
Court: Chesapeake Circuit Court
Date: April 25, 2008
Disposition:
Trial: Jury Trial
Not Guilty
Result: Not Guilty of Murder in the 1st Degree, Not guilty of Malicious Wounding, Not Guilty of the two Felony Weapons charges. Guilty of the lesser included Voluntary Manslaughter. Jury recommended a 12 month sentence
Not Guilty
Result: Not Guilty of Murder in the 1st Degree, Not guilty of Malicious Wounding, Not Guilty of the two Felony Weapons charges. Guilty of the lesser included Voluntary Manslaughter. Jury recommended a 12 month sentence
Case Summary:
Charge: Va Code 18.2-32; Va Code 18.2-51; Va Code 18.2-53.1; 1st Degree Murder, Malicious Wounding, and 2x Felony Weapons Charges
Comment:
Court: Norfolk Circuit Court
Date: August 17, 2010
Disposition:
Trial: Jury
Dismissed
Result: Charge Dismissed by Judge Hoover on Motion to Strike at the close of Commonwealth’s case.
Dismissed
Result: Charge Dismissed by Judge Hoover on Motion to Strike at the close of Commonwealth’s case.
Case Summary:
Charge: Va. Code 18.2-308.2; Possession of Firearm by Convicted Felon
Comment: This client was facing a mandatory 5-year sentence if convicted. I worked so many hours on this case. The hard work definitely paid off. This client is so happy!
Court: New Kent Circuit Court/ Judge Thomas Hoover
Date: May 2, 2011
Disposition:
Trial: Jury Trial
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge: VA Code 18.2-67.1; Forcible Sodomy (5 counts), Va Code 18.2-361 Crimes against Nature (5 Counts), Va Code 18.2-67.3 Aggravated Sexual Battery (5 Counts) Va Code 18.2-370.1 indecent Liberties Custodial 3 (1 count)
Comment:
Court: Hampton Ciruit Court. Judge Wilford Taylor
Date: August 8, 2018
Disposition: Acquitted on all counts. All charges dismissed. This is our firm’s second acquittal in a little more then a month from a jury in Hampton.
Trial: Jury Trial
Finding Under Advisement
Result: Finding under advisement, deferred disposition of the case. If defendant remains on good behavior and completes counseling, then the charge will be dismissed in a year. The defendant must return to court and provide such proof to the court.
Finding Under Advisement
Result: Finding under advisement, deferred disposition of the case. If defendant remains on good behavior and completes counseling, then the charge will be dismissed in a year. The defendant must return to court and provide such proof to the court.
Case Summary:
Charge: Va. Code 18.2-96 ; Va Code 18.2-103 Petit Larceny / Shoplifting
Comment: The defendant got caught stealing, but it was the first offense. Now, first offenses are not always treated the same. Sometimes, we can persuade the court to give the person a break, and, quite honestly, on some cases, the judges refuse. Here, this person got a break. Great result. Charges were dismissed in 2011.
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial: Judge Trial
Dismissed
Result: Charge Dismissed by Judge Hoover on Motion to Strike at close of Commonwealth’s case .
Dismissed
Result: Charge Dismissed by Judge Hoover on Motion to Strike at close of Commonwealth’s case .
Case Summary:
Charge: Va. Code 18.2-308.2; Possession of Firearm by Convicted Felon
Comment: This client was facing a mandatory 5 year sentence if convicted. I worked so many hours on this case. The hard work definitely paid off. This client is so happy!
Court: New Kent Circuit Court/ Judge Thomas Hoover
Date:
Disposition:
Trial: Jury Trial
Not Guilty
Result: Not Guilty
Not Guilty
Result: Not Guilty
Case Summary:
Charge: Va Code 18.2-51 Malicious Wounding
Comment:
Court: Northampton Circuit Court
Date: April 28, 2014
Disposition:
Trial:
Dismissed
Result: Charges dismissed after first offender
Dismissed
Result: Charges dismissed after first offender
Case Summary:
Charge: Va Code 18.2-250; Possession of Marijuana
Comment: Not all First offender cases are the same. Some involve a lot of work and several court appearances, especially if the client has received other charges since the last court date. This was a great result because it took us over a year and a half to finally get all charges dismissed. A lot of work, but worth the extra effort.
Court: Virginia Beach General District Court
Date:
Disposition:
Trial: Judge Trial
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Drunk In Public (VB City Ordinance 23-7.2)
Comment:
Court: Virginia Beach General District Court
Date:
Disposition:
Trial:
Dismissed
Result: The charge against our client was dismissed.
Dismissed
Result: The charge against our client was dismissed.
Case Summary:
Charge: Domestic Assault and Battery – Va Code 18.2-57.2
Comment:
Court: Virginia Beach Juvenile and Domestic Relations Court
Date: October 2, 2014
Disposition:
Trial:
Dismissed
Result: Charges dismissed.
Dismissed
Result: Charges dismissed.
Case Summary: Prior to a scheduled jury trial, the charges against our client were nolle prosequi by the Commonwealth of Virginia. We fought this case through the preliminary hearing and right up to the day of a scheduled jury trial. The issue was whether the sex was consensual, in that the defendant and the complainant knew each other and she had in fact invited him to her motel room at a late hour. We obtained all the phone records in this case and were able to prove before trial that the complainant was not being truthful about her account of the events of the evening. The Commonwealth tried to get my client to plead to a misdemeanor sexual battery, but he refused any plea deal to anything. The Commonwealth elected to drop all charges on the day before trial.
Charge: Va Code 18.2-61 Rape
Comment:
Court: Northampton County Circuit Court
Date: October 21, 2014
Disposition:
Trial:
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Trespassing Va. Code. 18.2-119
Comment:
Court: Virginia Beach Criminal Court
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: Our client had an ex-girlfriend who came to the house they used to share, and accused him of stealing her bracelet. When he denied stealing her bracelet, she left the house and called the police, alleging that our client had threatened her with a gun. The police searched the home extensively and were unable to locate a gun. Nevertheless, he was charged with brandishing a firearm. At trial, we successfully argued that the charge was not supported by sufficient evidence. The charge was dismissed.
Charge: Va Code 18.2-282 Brandishing a Weapon
Comment:
Court:
Date:
Disposition:
Trial:
Bench Trial
Result: The client retained our services to handle sentencing after she had already been convicted. Although facing ten years in the penitentiary, we successfully obtained a suspended sentence for all but twelve months of that jail time.
Bench Trial
Result: The client retained our services to handle sentencing after she had already been convicted. Although facing ten years in the penitentiary, we successfully obtained a suspended sentence for all but twelve months of that jail time.
Case Summary:
Charge: Malicious Wounding, Leaving the Scene of an Accident, and Driving under suspended Operator’s License [VA Code § 18.2-51, 46.2-894, 46.2-301]
Comment:
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial: Bench Trial (Sentencing only)
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: VA Code 4.1-305 under Age Possession of Alcohol
Comment: This was a case where our client had been summoned for underage drinking. When the police arrived on the scene of a house party our client was attending, the kids that didn’t run were separated into different rooms and questioned. Our client then made incriminating statements which led to a charge of misdemeanor possession of alcohol by a minor. According to Miranda v. Arizona, the police, upon taking a suspect into custody, must inform them of their 5th Amendment right against self-incrimination. We put our firm’s resources into researching the current state of the law in this area and presented that the police had failed to “mirandize” our client. The Judge agreed, leading to compete dismissal of all charges not only for our client but also for the codefendants who appeared that day. Although underage drinking is a relatively minor criminal offense, our client took it very seriously and so did we. We are ever mindful of the fact that to our clients, and for us, THERE IS NO SUCH THING AS A SMALL CASE.
Court: Newport News General District Court
Date:
Disposition:
Trial: Bench Trial
Not Guilty
Result: Not Guilty
Not Guilty
Result: Not Guilty
Case Summary:
Charge: Va Code 18.2-51 Malicious Wounding
Comment:
Court: Northampton Circuit Court
Date:
Disposition:
Trial:
Not Guilty
Result: Found NOT GUILTY
Not Guilty
Result: Found NOT GUILTY
Case Summary:
Charge: Felony Child Abuse [VA Code § 18.2-371.1]
Comment: Very difficult and complex medical and custodial issues. This was a big time consuming case involving legal issues, and expert testimony. Issue turned on who caused the injuries, what the injuries were, and exactly when. Great result for a very nice client who had no record and professed her innocence from the beginning.
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial: Bench Trial (Scheduled for a jury trial but we elected to waive jury trial on the day of trial)
Dismissed
Result: Charges Dismissed after a trial before a judge sitting without a jury
Dismissed
Result: Charges Dismissed after a trial before a judge sitting without a jury
Case Summary:
Charge: Va Code 18.2- 57(c) Felony assault on a police officer, VB Municipal Code 23-10 Disturbing the Peace and VB Municipal Code 23-7.3 Resisting arrest
Comment: The defendant, a Hampton University student, was arrested on the Virginia Beach Oceanfront after being thrown out of a bar. She was loud and angry and resisted arrest after the police tried to arrest and cuff her for disturbing the peace. She later according to police kicked the officer twice, once while being put in the car and later when she was being taken to the station from the car. We tried the case and the Judge determined that the charges should be dismissed. We argued that loud language alone was not disturbing the peace, that she was lawfully resisting an unlawful arrest and that any kicking of the officer was unintentional . Probably most significant was the fact that she had no record , and was very apologetic for her behavior. We rejected an offer for a misdemeanor offered just before trial, because the defendant had recently graduated from college and didn’t want to have any criminal record. Felony assault on a police officer carries mandatory jail time of at least 6 months.
Court: Virginia Beach Circuit Court/ Judge John Morrison
Date:
Disposition:
Trial: Bench Trial Before Judge Morrison
Reduced Charges
Result:
Reduced Charges
Result:
Case Summary: DUI reduced to Reckless Driving, $300 fine
Charge:
Comment:
Court: Chesapeake Circuit Court
Date:
Disposition:
Trial:
Reduced Charges
Result: DUI was reduced to reckless driving on appeal. Defendant was able to get a restricted license without the requirement of an interlock device.
Reduced Charges
Result: DUI was reduced to reckless driving on appeal. Defendant was able to get a restricted license without the requirement of an interlock device.
Case Summary:
Charge: Va Code 18.2-266 DUI
Comment:
Court: Newport News Circuit Court
Date:
Disposition:
Trial:
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Va Code 18.2-272 Driving after Forfeiture of License
Comment:
Court: Virginia Beach General District Court
Date:
Disposition:
Trial:
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Va Code 18.2-272 Driving after Forfeiture of License
Comment:
Court: Virginia Beach General District Court
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge: Va Code 18.2-308 Concealed Weapon
Comment:
Court: Northhampton General District
Date:
Disposition: Dismissed After Trial
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge: Va Code 18.2-308 Concealed Weapon
Comment:
Court: Northhampton General District
Date:
Disposition: Dismissed After Trial
Trial:
Dismissed
Result: Assault Charge Dismissed on Defense Motion to Strike
Dismissed
Result: Assault Charge Dismissed on Defense Motion to Strike
Case Summary: In this case, our client – a former Navy Seal and current State Department contractor – was charged with assault when he verbally confronted his neighbor over a dispute involving our client’s daughter. We moved to strike the assault charge, relying on Bennett v. Commonwealth, 35 Va. App. 442 (2001), which held that words alone do not constitute an assault. Although our client allegedly “stepped in [his neighbor’s] face,” he made no overt act or attempted to do physical harm to his neighbor. As a result, the Court granted our motion and the assault charge was dismissed.
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Not Guilty
Result: Not Guilty on all charges.
Not Guilty
Result: Not Guilty on all charges.
Case Summary:
Charge: Va Code 18.2-47 Abduction (2 counts); 2 Counts Possession of a Firearm
Comment: This case was a great result based upon a lot of pretrial work and some excellent work in the courtroom. These charges carried mandatory prison time of at least six years on the gun charges, and it was a tough decision on whether to try the case to judge or jury. We elected to go with a judge trial. The case boiled down to the reliability of the eyewitness identification of the defendant, and the process that the police used at the scene of the crime to identify the defendant. The case turned on the legal issues discussed in Spottswood vs. Commonwealth. A BIG win! But then all cases are big to the client. And we treat them all as big cases.
Court: Chesapeake Circuit Court
Date:
Disposition:
Trial: Judge Trial
Not Guilty
Result: Not Guilty on Felony Third Offense DUI/DWI and Not Guilty on Felony Driving on a Revoked Operators in connection with a DUI/DWI . Guilty of misdemeanor driving on a revoked or suspended operators. A conviction of both the above criminal offenses would have resulted in two felony convictions and eighteen months (18) months of mandatory prison. The successful defense of the Felony DUI/DWI charge, prevented the driving charge from being considered a felony.
Not Guilty
Result: Not Guilty on Felony Third Offense DUI/DWI and Not Guilty on Felony Driving on a Revoked Operators in connection with a DUI/DWI . Guilty of misdemeanor driving on a revoked or suspended operators. A conviction of both the above criminal offenses would have resulted in two felony convictions and eighteen months (18) months of mandatory prison. The successful defense of the Felony DUI/DWI charge, prevented the driving charge from being considered a felony.
Case Summary:
Charge: Va. Code 18.2-266; Va Code 18.2-270; Va Code 46.2-391; Felony Third Offense DUI/DWI and Felony Driving on a Revoked Operators in connection with a DUI/DWI
Comment: This case seemed hopeless, quite honestly, when it first came into thie office. We weren’t offered anything by the Commonwealth, so we had to try the case. We won and everyone was happy with the result!
Court:
Date:
Disposition:
Trial: Judge
Charges Reduced
Result: Charges reduced to 2nd offense dui/dwi with credit for time served and defendant released from jail; refusal dismissed
Charges Reduced
Result: Charges reduced to 2nd offense dui/dwi with credit for time served and defendant released from jail; refusal dismissed
Case Summary:
Charge: 4th Offense DUI/DWI - 18.2-266, 18.2-270; Refusal 18.2-268.3; Driving on a revoked license 46.2-301 This was a difficult case since the defendant here had a third offense pending in Richmond and couldn’t get bond. However we avoided the felony and the mandatory six month. Our client’s parents wrote a nice testimonial.
Comment:
Court:
Date:
Disposition:
Trial:
Reduced Charges
Result:
Reduced Charges
Result:
Case Summary:
Charge: Va Code 18.2-266 DUI 3rd
Comment:
Court: Virginia Beach General District
Date:
Disposition: Reduced to DUI 2nd
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge: Robbery 18.2-58 and Assault & battery 18.2-57
Comment:
Court: Northhampton JD&R
Date:
Disposition: the Robbery charge was dismissed. the Assault and battery charge was nolle prosequi.
Trial:
Reduced Charges
Result:
Reduced Charges
Result:
Case Summary: Charges were reduced from a felony to a misdemeanor with our client receiving a suspended 6 month sentence.
Charge: Va Code 18.2-95 Grand Larceny
Comment:
Court:
Date:
Disposition:
Trial:
Charges Nolle
Result: Charges nolle prosecuted by Commonwealth
Charges Nolle
Result: Charges nolle prosecuted by Commonwealth
Case Summary:
Charge: Va Code 18.2-83 Threaten to Bomb
Comment: This was a case of mistaken identity. Our client was charged and held for several months, however, we were successful in getting the charges dismissed after DNA evidence proved he was not the perpetrator.
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial:
Charges Dropped
Result:
Charges Dropped
Result:
Case Summary: Prior to a scheduled jury trial, the charges against our client were nolle prosequi by the Commonwealth of Virginia. We fought this case through the preliminary hearing and right up to the day of a scheduled jury trial. The issue was whether the sex was consensual, in that the defendant and the complainant knew each other and she had, in fact, invited him to her motel room at a late hour. We obtained all the phone records in this case and were able to prove before trial that the complainant was not being truthful about her account of the events of the evening. The Commonwealth tried to get my client to plead to a misdemeanor sexual battery, but he refused any plea deal to anything. The Commonwealth elected to drop all charges on the day before trial.
Charge: Va Code 18.2-61 Rape
Comment:
Court:
Date:
Disposition:
Trial:
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Public nudity [22-10. Virginia beach municipal code]
Comment: This was a case where the bars, body paint and a bachelorette party simply did not mix with the streets of Virginia Beach. After a night of celebrating the pending nuptials of a friend on the “Block” in VB, two of the party goers attempted to walk home wearing nothing from the waist up save for body paint. They stepped out onto the sidewalk at Atlantic Avenue and, because their bare chests were covered by only a layer of thin opaque latex paint, an unamused and repressed Virginia Beach police officer issued each of them a summons for public nudity and obscene display. They were lovely girls after all and he could have just issued them a warning. So silly! At trial charges were dismissed on the basis that the coverings, although perhaps meeting the criteria for nudity, did not rise to the level of an obscene display. The photos were quite attractive actually.Thank you Judge Woolard for great discretion. Both young ladies had important jobs and couldn’t afford a criminal conviction. Great result.
Court: Virginia beach general district court
Date:
Disposition:
Trial: Judge Trial
Dismissed
Result: Dismissed
Dismissed
Result: Dismissed
Case Summary:
Charge: Speeding in a School Zone
Comment:
Court: Virginia Beach JD&R
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: My client was a juvenile out past curfew at the Virginia Beach Oceanfront who was confronted by a visibly intoxicated adult. During the confrontation my client defended himself and during the fight the adult was seriously injured. The Commonwealth charged my client with malicious assault and moved to transfer him to be tried as an adult on the felony. We were successful in negotiating with the prosecutor to have the felony charge dismissed.
Charge: Va Code 18.2-51 Malicious Wounding, Va Code 18.2-479.1 Resisting Arrest, Va Code 15.2-926 Curfew Violation
Comment:
Court:
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: My client was charged with one count of Aggravated Sexual Battery following an investigation that originated in South Carolina and later involved charges in Virginia as well. We were successful in having the one count of Aggravated Sex Battery dismissed against him following a bench trial.
Charge:
Comment:
Court:
Date: April 12, 2016
Disposition:
Trial:
Not Guilty
Result: Found Not Guilty following jury trial
Not Guilty
Result: Found Not Guilty following jury trial
Case Summary:
Charge: Felony rape victim under 13 years [VA Code § 18.2-61]
Comment: Great result. Any time we have to go to a jury trial that is a big event. In Virginia, juries recommend sentence, so a conviction in this case could have resulted in a LIFE term. Instead, we were shaking hands with the client and getting hugs from his family in the hallways outside the courtroom. I have been fortunate to be able to obtain good results from juries, they are the foundation of our legal system. Jury trials were considered by our Founding Fathers to be the one thing separating the individual from the tryanny of the State. Always consider this option.
Court: Chesapeake Circuit Court
Date:
Disposition:
Trial: Jury Trial
Reduced Charges
Result: Charges reduced to two counts of Contributing to the Delinquency of a Minor
Reduced Charges
Result: Charges reduced to two counts of Contributing to the Delinquency of a Minor
Case Summary: We took this matter all the way to trial because we refused to admit the Defendant’s guilt to the felony charges which would have required him to register as a sex offender. We were able to obtain a plea agreement for two misdemeanor charges which do not require registration. A very successful result.
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Dismissed
Result: Charge Dismissed
Dismissed
Result: Charge Dismissed
Case Summary:
Charge: Va. Code 18.2-61; Rape
Comment: We picked the jury and had opening statements. The Commonwealth called their first witness, the alleged victim and the ex-girlfriend of the defendant. After one and one-half hours of rigorous cross-examination, we broke for lunch. During the lunch break, the prosecutor made the decision to drop the charges against the defendant, a young Hampton University student. Following the lunch break, Court was convened and the Commonwealth made a motion to drop the charges. Said motion was granted by the Court and the defendant was discharged.
Court: Hampton Circuit Court/Judge Bonnie Jones
Date:
Disposition:
Trial: Jury
Dismissed
Result:
Dismissed
Result:
Case Summary: Charges dismissed following a bench trial. The Government failed to prove that the marijuana found in the car belonged to the Defendant.
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Dismissed
Result: Dismissed by Court at preliminary hearing
Dismissed
Result: Dismissed by Court at preliminary hearing
Case Summary:
Charge: 4 counts rape [18.2-61], 4 counts forcible sodomy [Va Code 18.2-67.1], and 1 count abduction [18.2-47]
Comment: Our client’s girlfriend had moved into his apartment and when they broke up she refused to move out. They continued to have sex from time to time though! He called it “collecting the rent” ( I know I know) He was just about to throw her out when one day, after one of these consensual encounters she called the police while he was at work , claimed he raped her, and had him arrested when he came home. She did it so she could continue to live in the apartment rent-free. He comes home from work, cops are there. He was ordered out of his own place, and was thrown in jail without bail! She got to stay in the apartment rent-free! It was an uphill battle even to get him a bond. But we did, and after several months, we finally had the charges dismissed after the preliminary hearing, which is a rare event indeed. This poor fellow was totally innocent from the beginning. There ought to be a way for him to get justice beyond just getting the charges dismissed, like having HER go to jail, but unfortunately, that doesn’t happen. Folks are just relieved to be in the clear.
Court: Norfolk Juvenile & Domestic Relations Court
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge: VA Code 18.2-67.1; Forcible Sodomy (5 counts), Va Code 18.2-361 Crimes against Nature (5 Counts), Va Code 18.2-67.3 Aggravated Sexual Battery, (5 Counts) Va Code 18.2-370.1 indecent Liberties Custodial 3 (1 count)
Comment:
Court: Hampton Circuit Court. Judge Wilford Taylor
Date:
Disposition: Acquitted on all counts. All charges dismissed. This is our firm’s second acquittal in a little more then a month from a jury in Hampton.
Trial: Jury Trial
Dismissed
Result: Charges dismissed after trial
Dismissed
Result: Charges dismissed after trial
Case Summary:
Charge: VB City Ordinance 23-11 Indecent Exposure
Comment: This was a case where a civil dispute led to a mooning incident and charges being brought against our client. At trial, we developed the underlying civil dispute, the ages of the parties involved and the Judge dismissed.
Court: Virginia Beach General District
Date:
Disposition:
Trial: Judge
Dimissed
Result: Charge dismissed
Dimissed
Result: Charge dismissed
Case Summary:
Charge: Domestic Assault & Battery Va. Code Section 18.2-57.2
Comment:
Court: Norfolk Juvenile & Domestic Relations
Date: December 5, 2016
Disposition:
Trial: Judge
Dismissed
Result: All charges dismissed
Dismissed
Result: All charges dismissed
Case Summary:
Charge: Domestic Assault & Battery (2 counts) Va. Code Section 18.2-57.2 Destruction of Property Va. Code Section 18.2-137
Comment:
Court: Norfolk Juvenile & Domestic Relations
Date: February 6, 2017
Disposition:
Trial: Judge
Reduced Charges
Result: Reduced to Petite Larceny (Misdemeanor) Va. Code Section 18.2-96 Unsupervised probation—No Jail time to serve
Reduced Charges
Result: Reduced to Petite Larceny (Misdemeanor) Va. Code Section 18.2-96 Unsupervised probation—No Jail time to serve
Case Summary:
Charge: Grand Larceny (Felony) Va. Code Section 18.2-95
Comment:
Court: Virginia Beach General District Court
Date: February 24, 2017
Disposition:
Trial:
Dismissed
Result: Charge Dismissed
Dismissed
Result: Charge Dismissed
Case Summary:
Charge: Object Penetration by Force Va. Code Section 18.2-67.2
Comment:
Court: Norfolk Juvenile & Domestic Relations
Date: February 28, 2017
Disposition:
Trial:
Dismissed
Result: False Information to Criminal Investigator Dismissed; Reduced to Firearm Possession by Convicted Felon (Misdemeanor) Va. Code Section 18.2-460 Unsupervised probation—No Jail time to serve
Dismissed
Result: False Information to Criminal Investigator Dismissed; Reduced to Firearm Possession by Convicted Felon (Misdemeanor) Va. Code Section 18.2-460 Unsupervised probation—No Jail time to serve
Case Summary:
Charge: Firearm Possession by Convicted Felon (Felony) Va. Code Section 18.2-26 False Information to Criminal Investigator (Felony) Va. Code Section 18.2-308.2:2
Comment:
Court: Virginia Beach General District Court
Date: March 2, 2017
Disposition:
Trial:
Reduced Charges
Result: Reduced to Misdemeanor Embezzlement, Va. Code Section 18.2-111, Unsupervised Probation--No Jail time to serve
Reduced Charges
Result: Reduced to Misdemeanor Embezzlement, Va. Code Section 18.2-111, Unsupervised Probation--No Jail time to serve
Case Summary:
Charge: Embezzlement (Felony) Va. Code Section 18.2-111
Comment:
Court: Virginia Beach General District Court
Date: March 9, 2017
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: DUI Drugs/Accident
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Not Guilty
Result: Not Guilty
Not Guilty
Result: Not Guilty
Case Summary: Notes: Our client was charged with domestic assault and battery. We entered a not guilty plea and proceeded to a bench trial. Upon the completion of the trial, our client was found not guilty and the charge was dismissed.
Charge: Va Code 18.2-57.2 Domestic Assault and Battery
Comment:
Court: Virginia Beach Juvenile and Domestic Relations Court
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary:
Charge:
Comment:
Court: Virginia Beach General District, Traffic C
Date:
Disposition:
Trial:
Charge Dismissed
Result: Charge dismissed
Charge Dismissed
Result: Charge dismissed
Case Summary:
Charge: Stalking
Comment:
Court: Virginia Beach General District Court
Date: September 15, 2017
Disposition:
Trial:
Charge Dismissed
Result: Charge Dismissed
Charge Dismissed
Result: Charge Dismissed
Case Summary: Notes: Our position from the beginning of this case was that the charge should have been civil and not criminal. We were successful in having the charge dismissed once we agreed to pay full restitution.
Charge: Embezzlement
Comment:
Court: Virginia Beach General District Court
Date: September 15, 2017
Disposition:
Trial:
Charges Nolle Prossed
Result: Charges nolle prossed by the Commonwealth
Charges Nolle Prossed
Result: Charges nolle prossed by the Commonwealth
Case Summary:
Charge: Charge: Strangle Another; Assault and Battery
Comment:
Court: Chesapeake General District Court
Date: September 27, 2017
Disposition:
Trial:
Settlement of $200,000
Result: Settlement of $200,000
Settlement of $200,000
Result: Settlement of $200,000
Case Summary: Notes: Thus was a hard fought case which started out with no offers of settlement. We originally filed the lawsuit in Virginia Beach Circuit Court, but the defendant moved the case to Federal Court hoping to find a better forum for summary judgement. During discovery, we discovered that the defendant had failed to preserve video evidence of the period before plaintiff’s fall. We then filed a motion against the defendant for “spoliation” of evidence. The case settled soon after on favorable terms, however, the settlement and names of parties are confidential.
Charge: Claim: Slip and Fall personal injury
Comment:
Court: United States District Court, Eastern District of Virginia
Date: July 19, 2018
Disposition:
Trial:
“Founded” finding amended to “Unfounded” after Appeal from Local Hearing
Result: “Founded” finding amended to “Unfounded” after Appeal from Local Hearing
“Founded” finding amended to “Unfounded” after Appeal from Local Hearing
Result: “Founded” finding amended to “Unfounded” after Appeal from Local Hearing
Case Summary: Notes: Our client was falsely accused of sexually abusing his daughter more than ten years ago. At that time, we assisted in his criminal defense and the criminal charges were dismissed. However, the “Founded” CPS investigation finding remained as a public record. After more than ten years since this Founded complaint, we were able to get that finding reversed, to “Unfounded”.
Charge: Child Protective Services, City of Chesapeake ‘Founded” Sexual Abuse, Level One
Comment:
Court: Department of Social Services, Appeals and Fair Hearings Unit
Date: January 25, 2018
Disposition:
Trial: Code Section 22 VAC 40-705-50(B)
Dismissed by Court following Preliminary Hearing
Result: Dismissed by Court following Preliminary Hearing
Dismissed by Court following Preliminary Hearing
Result: Dismissed by Court following Preliminary Hearing
Case Summary:
Charge: Malicious Wounding, Va. Code Section 18.2-51
Comment: Notes: Our client hot into a shouting contest with a bouncer, and seconds later found himself being attacked by 8-10 angry hombres at a local bar. When he was cornered by this large mob, he grabbed the nearest thing he could find to defend himself with, a pool table light, and threw it at one of his attackers. The pool light hit one of the drunk aggressive dudes in his head, opening up a wound that took several stiches. My client left the scene with his girlfriend to avoid the mob, so the police only heard one side of the story (a common occurrence!) I went to the bar, took photos and did my own investigation and witness interviews. The Commonwealth made no offers. We proved him to be innocent, and only defending himself. I try to go to the scene of every crime I defend and I always learn something which helps the case. We do our homework.
Court: Virginia Beach General District Court
Date: January 26, 2018
Disposition:
Trial:
Dismissed by Commonwealth
Result: Dismissed by Commonwealth
Dismissed by Commonwealth
Result: Dismissed by Commonwealth
Case Summary:
Charge: Child Abuse Va. Code Section 18.2-371.1
Comment: Notes: Dismissed following almost a year of research and defense. This case involved a 3 month old baby that my client, the father, was accused of injuring in May, 2017. We had a defense to this charge on grounds that he wasn;t the only person who had been taking care of the child that day. There were also complicated medical issues in that the baby had been sent to and released by a hospital, and then another say later had to be readmitted to a different hospital. The doctors at the second hospital were prepared to testify that the first hospital had not treated the child correctly. My client, we think, was just a victim of profiling, they seem to always accuse fathers of these crimes, as if fathers are more likely to lose their tempers with children than woman caregivers. (Not true!) The good news is we finally proved that this man did not injure his child and hot these charges dismissed. The baby recovered. Now we need to overturn the CPS finding against him. That hearing is upcoming, but we think we will prevail and reunite this father with his daughter.
Court: Virginia Beach Juvenile & Domestic Relations Court
Date: February 1, 2018
Disposition:
Trial:
Dismissed by Judge following Bench Trial
Result: Dismissed by Judge following Bench Trial
Dismissed by Judge following Bench Trial
Result: Dismissed by Judge following Bench Trial
Case Summary: Notes: My client, a 28 year Special Forces Retired Senior Chief with no prior record, had several combat tours and suffered from PTSD. He was facing a three-year mandatory prison term. His fiancé feared he was leaving her for good, for another woman. She tearfully called 911 and accused him of threatening her with a gun and abducting her at gunpoint, when the truth is he had just locked her out. She tried to set him up. At trial, we proved she was lying. This was a very difficult case. No offers from the Commonwealth. All charges dismissed.
Charge: Abduction, Use of a Firearm, Va. Code sections 18.2-47; 18.2-53.1
Comment:
Court: Virginia Beach Circuit Court
Date: February 6, 2018
Disposition:
Trial:
$40,000 settlement for the father $20,000 settlement for the son
Result:
$40,000 settlement for the father $20,000 settlement for the son
Result:
Case Summary:
Charge:
Comment: Personal Injury Claims involving drunk driver
Court: Virginia Beach Circuit Court
Date: May 18, 2018
Disposition:
Trial:
Dismissed
Result: Charges dismissed after first offender
Dismissed
Result: Charges dismissed after first offender
Case Summary:
Charge: Va Code 18.2-250; Possession of Marijuana
Comment: Not all First offender cases are the same. Some involve a lot of work and several court appearances, especially if the client has received other charges since the last court date. This was a great result because it took us over a year and a half to finally get all charges dismissed. A lot of work, but worth the extra effort.
Court: Virginia Beach General District Court
Date:
Disposition:
Trial: Judge Trial
Reduced Charges
Result: Charges were reduced to a misdemeanor and defendant avoided any active jail time and instead received a suspended sentence and a restricted license.
Reduced Charges
Result: Charges were reduced to a misdemeanor and defendant avoided any active jail time and instead received a suspended sentence and a restricted license.
Case Summary:
Charge: Va Code 18.2-248.1 Possession with Intent to Distribute
Comment:
Court: Virginia Beach Circuit Court
Date: August 27, 2014
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: Charges dismissed following a bench trial. The Government failed to prove that the marijuana found in the car belonged to the Defendant.
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Dismissed
Result:
Dismissed
Result:
Case Summary: Virginia Beach General District, Traffic C
Charge:
Comment:
Court:
Date:
Disposition:
Trial:
Not guilty
Result:
Not guilty
Result:
Case Summary:
Charge: DUI, 2nd Offense
Comment:
Court: Virginia Beach Circuit Court
Date:
Disposition:
Trial: Judge
Defendant found guilty only of misdemeanor. 2nd Offense DUI. No felony conviction
Result:
Defendant found guilty only of misdemeanor. 2nd Offense DUI. No felony conviction
Result:
Case Summary:
Charge:
Comment:
Court: Virginia Beach General District Court, Traffic
Date:
Disposition:
Trial: Bench Trial
Defendant found guilty only of Reckless Driving. No DUI conviction
Result:
Defendant found guilty only of Reckless Driving. No DUI conviction
Result:
Case Summary:
Charge:
Comment:
Court: Virginia Beach General District Court, Traffic
Date:
Disposition:
Trial: Bench Trial
