Is A Person Obligated to Disclose Their Criminal Charges and Arrest Record If They Were Never Convicted? It depends almost entirely on who is asking, and why.  For instance, Government workers and contractors often have important and sensitive jobs requiring Security Clearances which, in turn, require them to self-report any criminal traffic or traditional criminal charges. On certain […]

WHO HAS ACCESS TO MY CRIMINAL OFFENSE RECORDS? In Virginia, whenever a person is charged or arrested for any criminal offense, from Drunk In Public or Reckless Driving, to a DUI or Robbery, this information will be in court records and police files; and the criminal charge or arrest information is available on “Websites” and on police […]

COMMON MISCONCEPTIONS ABOUT CRIMINAL CHARGES There are many misconceptions about criminal law and criminal charges, one of which is the role that Public Defenders play. A person qualifies for a public defender or court appointed counsel by being financially unable to retain a private attorney [read, below the poverty line], then that is the attorney they […]

LOW LEVEL CRIMINAL RECORDS: THE HARSH REALITY! Low level criminal records can and will affect you at a deeper personal level than you may at first imagine. People can be affected in a thousand different ways by a charge, arrest or a conviction record, particularly in the Northern Virginia area, because virtually everyone in Northern Virginia is […]

CRIMINAL OFFENSE ADVICE: THE #1 MOST  DAMAGING MISTAKE PEOPLE MAKE THAT CAN HURT THEIR CASE The number one mistake that people make who are charged with any criminal matter is that they simply talk too much. In America, we are raised to be courteous and pleasant, to assume and be taught that the police are […]

UNDERSTANDING THE SEVERITY OF A CRIMINAL CHARGE? People often don’t realize what a criminal charge actually is, especially criminal traffic charges. They see the charge only from their point of view; but not from the point of view of the prosecutor, the police, the Judge or society; which is crucial. A large part of my […]

HOW DO PEOPLE GENERALLY DISCOVER IF THEY ARE BEING CHARGED WITH A CRIMINAL OFFENSE? Well, frankly, most people know they’re being charged with a criminal offense when they directly receive a “Summons” from the police in their motor vehicle or otherwise, or receive a “Warrant of Arrest” from the police or a Magistrate at the […]

CAN PEOPLE DEPEND ON THE “MERCY OF THE COURT” IN A CRIMINAL CASE? The idea of throwing oneself on the “Mercy of the Court” is just a cliché; there is no substance to it whatsoever! People who say, “I’m going to throw myself on the mercy of the court”, don’t even know what it means. […]

THE SIMPLE ANSWER IS YES! POLICE OR PROSECUTORS DO “OVERCHARGE” PEOPLE It depends on the jurisdiction, the person’s actions, and their prior criminal record, if any; but yes, sometimes. In fact, in some jurisdictions, they do the opposite. They “Undercharge” a person. If somebody is caught with marijuana, of course they’ll be charged with possession of marijuana; […]