Recent Blog Posts

Trial by Ambush

Criminal Defense Lawyer — Wed, 12 Jan 2011 17:56:00 GMT

Virginia ambushes its citizens.

In most states, every criminal trial has a process where each side tells the other what evidence it has. This is fundamental to a basic system of justice. Without it, an accused person is not guaranteed to be prepared for trial. If the accused does not know what the evidence is, he does not know what the issues are. The Constitutions of the United States and Virginia both guarantee the rights of a due process and a fair trial. But Virginia doesn’t think you need to know the evidence in order to have a fair trial. That’s why lawyers call this a “Trial by Ambush” state.

While other states and the United States grant broad access to the evidence, in Virginia the accused is entitled only to what he already knows. That’s fair, right? The Supreme Court of Virginia says it is. "There is no general constitutional right to discovery in a criminal case, even where a capital offense is charged.” Strickler v. Commonwealth, 241 Va. 482, 490-91, ... cert. denied, 502 U.S. 944 (1991).

When accused of a criminal misdemeanor in Virginia, the prosecution only needs to tell you what you said or wrote and what your criminal history is. And only if they plan to use it in their case.

When accused of a felony, and only if you ask for it, and only if you can show it is relevant to your case, you are also permitted to see and copy books and papers and tangible items in the prosecution’s possession. You specifically are not permitted to know about any statements made by prosecution witnesses. Nor can you see the police reports, or the notes of any other investigator for the prosecution.

What? No police reports? Nope. Not even in a death penalty case.

It gets worse. What little information they do have to give you is made nearly useless by how they give it. For a misdemeanor in many jurisdictions, that information is not provided to the attorney early or even in writing. In Fairfax County that information is given orally to the attorney on the morning of the trial. Prince William County has recently adopted the same model. While the judge is on the bench and other trials are ongoing, your attorney may be trying to absorb your record and your statements in the noise and confusion of the hallway outside the courtroom.

Criminal trials are supposed to favor the accused. Proving guilt is supposed to be the highest and most difficult standard to meet. But in Virginia, the pre-trial discovery system is so worthless and pro-prosecution as to be barely worth the name. It is an embarrassment to a state that elsewhere holds itself to the highest standards of civility and fairness.

Trial by Ambush is the single worst and most unfair aspect of Virginia criminal law. Virginia cannot claim to have a truly fair or modern system of justice until the people demand the legislature adopt a better system of pre-trial discovery.

Falls Church sobriety checkpoint results in 4 arrests

Law Offices of Scott C. Nolan — Wed, 29 Dec 2010 00:55:00 GMT

On November 12^th from 11:30pm to 2:30am, Fairfax County police officers from around the county conducted a sobriety checkpoint in order to discourage drunk driving and apprehend drivers operating under the influence of alcohol or drugs. Approximately 720 motorists were stopped at the checkpoint, which was set up in the westbound lanes of Arlington Blvd near the intersection of Annandale Road in Falls Church. Four motorists were subsequently arrested for DUI (driving under the influence) and another three summonses were issued for other traffic offenses.

DUI checkpoints have been the subject of much scrutiny. Although they have been declared Constitutional, this applies only if law enforcement complies with particular regulations. If you or someone you know was stopped and arrested at a sobriety checkpoint anywhere in the Fairfax County area, a criminal defense lawyer can help. You have the right to challenge your charges, and a competent attorney can work to build an effective case on your behalf.

At the Law Offices of Scott C. Nolan, we offer experienced criminal defense representation in the face of DUI and all types of traffic-related violations for drivers throughout Northern Virginia. Schedule your free initial consultation by contacting a Fairfax Criminal Defense Attorney today.

Serial burglary suspect in custody

Law Offices of Scott C. Nolan — Wed, 22 Dec 2010 00:45:00 GMT

According to a report by the Fairfax County Police Department, a man arrested in Montgomery County, Maryland on November 17^th is directly linked to a series of burglaries and attempted burglaries that occurred in the Fairfax County area. This arrest occurred after an extensive investigation by the Fairfax County Burglary Task Force. Pending a continued investigation, the department anticipates that formal charged will be filed against the suspect in Fairfax County.

Burglary of an occupied dwelling is a felony offense in Virginia, and a defendant may face up to 20 years or life in prison depending on the nature of the offense. If you or someone you know is under investigation by law enforcement or has been arrested for burglary or any type of criminal offense, it is advised that you contact a criminal defense attorney as soon as possible. You need a professional on your side to protect your rights while working to build a case on your behalf that challenges these charges.

At the Law Offices of Scott C. Nolan, we offer experienced legal counsel to clients throughout the Fairfax County area in the face of burglary and all types of misdemeanor and felony theft crime charges.

Contact our firm today to learn more about our services and how we can help you.

Man pleads guilty to robbing pharmacies in Fairfax & Prince William Counties

Law Offices of Scott C. Nolan — Wed, 15 Dec 2010 00:30:00 GMT

Jonathan Ross Carlton, 23, pleaded guilty to committing several robberies of pharmacies in Fairfax County and Prince William County, Virginia this past summer. Carlton pleaded guilty to robbing pharmacies of Oxycontin pills by using a note that stated (according to court records): "I need all your 80mg Oxycontin in a bag! I Have A Gun! No Cops! Hurry up! Thank You!"

According to Peter Carr of the U.S. Attorney's Office in Alexandria, Carlton initially faced state robbery charges but these were dropped in lieu of federal charges to consolidate the three charges into one case. Carlton is currently being represented by Federal Public Defender Shannon Quill. He faces up to 40 years in prison and other penalties such as fines and restitution; sentencing is scheduled to take place on February 4^th of 2011. Court records indicate that Carlton was not in possession of a gun during the robberies even though his note stated otherwise.

In the face of criminal charges on a state or federal level, the most important thing a defendant can do is involve an experienced criminal defense attorney as soon as possible. The Law Offices of Scott C. Nolan is here to help you if you have been arrested in Northern Virginia. We provide experienced, dedicated legal counsel.

Contact a Fairfax Criminal Defense Attorney at the firm today.

Virginia may be the third state to implement familial DNA testing

Law Offices of Scott C. Nolan — Wed, 08 Dec 2010 00:05:00 GMT

Will Virginia join Colorado and California in implementing a new genetic search procedure that utilizes familial DNA in an attempt to catch criminals? The Virginia Crime Commission met on November 15^th to discuss regularly utilizing familial DNA searches as a tool to assist law enforcement throughout the commonwealth. Rather than search for an exact DNA match, a familial DNA search would enable law enforcement personnel to look for close matches that may indicate a familial relation to someone who is already in prison or whose DNA is already on file.

This is a controversial topic that brings about questions of whether this is a violation of rights and whether this may implicate innocent people who may simply be related to a person who is in prison or has a criminal record.

At the Law Offices of Scott C. Nolan, we are committed to protecting the rights of clients throughout Fairfax and the surrounding areas in Virginia. Whether there is DNA evidence against you and regardless of the nature or severity of your charges, we are confident in our ability to stand up for your rights and protect your interests every step of the way. Contact a Fairfax Criminal Defense Lawyer at our firm for a confidential consultation regarding your case.

Grandmother arrested for allegedly throwing grandchild from railing at a Fairfax mall

Law Offices of Scott C. Nolan — Wed, 01 Dec 2010 00:02:00 GMT

Carmela Dela Rosa, 50, was arrested and charged with aggravated malicious wounding after allegedly throwing her 2 year old granddaughter over the railing from a fifth-floor outdoor walkway at a shopping mall in Fairfax, Virginia. The incident occurred on the night of November 29^th, 2010. The child, Angelyn Ogdoc, died early Tuesday morning from injuries sustained in the 50-foot fall.

It is possible that the malicious wounding charges will be escalated to murder or manslaughter. Dela Rosa stands accused of picking up her granddaughter and tossing her over the guardrail while walking from the shopping mall to the parking garage.

Crimes against children are typically the most serious that a person may face. If you or someone you know has been arrested for assault, murder or any type of criminal offense, make sure you retain experienced legal counsel as soon as possible. You may face years to life in prison if convicted of a crime such as the one that Dela Rosa has been accused of committing.

The Law Offices of Scott C. Nolan handles all types of felony and misdemeanor charges for clients throughout the Fairfax area. Contact a Fairfax Criminal Defense Attorney today for a confidential consultation regarding your case.

Protect your Fourth Amendment Rights

Criminal Defense Lawyer — Wed, 06 Oct 2010 17:11:00 GMT

DON’T GIVE UP YOUR FOURTH AMENDMENT RIGHTS

The main reason police are able to search you is...because you let them! Don’t give police permission to search you, your belongings, your house or your vehicle...EVER!

The Fourth Amendment to the United States Constitution guarantees the rights of Americans “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...” This means that the government cannot search you, your belongings or your house without a search warrant or under a few other supposedly narrow circumstances.

It is absolutely vital that you understand your rights against search and seizure in order to protect them, because the Twentieth century was one long assault on your individual liberties by courts and governments that sought greater powers for the police. Nowhere has the Constitution been so eroded, ignored and trampled than in the area of your rights against search and seizure.

In brief, a police officer may not search you or your belongings without a search warrant. Two exceptions to this rule are 1) officer safety and 2) your consent. An officer may perform a severely limited search of someone he or she is talking to if the officer feels it is necessary for his safety. That search is limited to a pat-down of the person’s outer clothing and only for weapons. If the officer feels something suspicious during the pat-down that is not a weapon, he may not legally search further.

Much more commonly, officers simply ask for and receive permission to search people, their cars, homes, purses and clothing. NEVER, under any circumstances, give this permission. It is important to understand that any agreement may be taken as “consent”, or permission. If an officer says “I’m going to search you now, okay?” most people will say yes because they believe they have no choice. Courts, on the other hand, will pretend that this is no different than actively giving permission. It is therefore important that you be clear: the answer is “No, it is not okay for you to search me.”

This is equally true of searches of your car and your house. Many people consent to a search in the belief that the police will just search anyway. So let them, but do not give permission. You can still say “I am not giving you permission to search my car.” If they do search anyway, that sort of illegal search may cause the case to be thrown out in court.

It is very important that you remain polite and professional in your dealings with the police, even when they are not. Physically resisting a search of your person will only get you hurt and facing more charges. The key is never to give permission.

As always, except for denying permission to search, say nothing to the police. “I have nothing to say,” is your best defense.

DON’T TALK TO THE POLICE

Criminal Defense Lawyer — Sun, 26 Sep 2010 07:29:00 GMT

DON’T TALK TO THE POLICE

It may seem strange advice. Most of us are raised to trust the police, to rely on them in times of trouble. And so you should. But don’t talk to them. When the police stop you for a traffic offense or want to ask you about a crime, the most important advice any attorney could give is: STOP TALKING. The only words that should come out of your mouth are: “I have nothing to say.”

The biggest reason not to talk to the police is this: It cannot help you. Let me repeat that. No matter how smart or eloquent or well-educated you are, talking to the police cannot possibly help you. You cannot talk your way out of getting arrested. Legally, it can’t be used to help you, either. You’re probably aware that anything you say to the police can be used against you in a court of law, but did you know that it cannot be used to help you? That’s right - the police can use your statements against you but couldn’t use them to help you if they wanted. Ridiculous and unfair as that is, that’s the law.

Most of us are honest people who have never committed a crime and never will. Asserting this to the police is not going to help you. It will hurt you. How? Most people, if they talk long enough, will make a small mistake, say something that isn’t true, or that can be misunderstood or misrepresented. And that’s all that’s needed to crucify you. Even if you are perfect in your statement of innocence, the police may remember the conversation differently than you. They certainly aren’t going to take your word for it.

For many people, not talking is a very uncomfortable situation. The police will take advantage of this; that’s their job. They’ll suggest that things will go easier for you if you cooperate. Always remember that the police are allowed to lie to you in order to get a confession. Don’t be fooled - no matter what they say, don’t talk.

Most people wind up talking to the police even when they know they shouldn’t. It’s a natural human reaction to authority. Some people believe they can talk their way out of trouble. Others believe that if they don’t explain how they’re innocent, the police will believe they’re guilty. Most just think they have to talk to the police.

Your right to remain silent in the face of questioning is enshrined in the United States Constitution. The Fifth Amendment, which gives you that right, was not created to protect the guilty; it was created to protect the innocent. The Founding Fathers well knew the abuses common to governmental interrogation. They knew that words can be twisted, misunderstood, misremembered, misrecorded and misused. It isn’t the guilty who “take the Fifth”, or even the innocent. It’s the smart people who simply say “I have nothing to say.”

This isn’t just my opinion. Justice Robert Jackson, former attorney general of the United States and chief prosecutor at the Nuremberg Trials said “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.”

To be clear, this isn’t just when you’re accused of a serious crime. It’s any time a police officer wants to question you about anything.

Examples:

Police: “Do you know why I stopped you?”
You: “I have nothing to say.”

Police: “Do you know how fast you were going?
You: “I have nothing to say.”

Police: “Sir, have you been drinking tonight?”
You: “I have nothing to say.”

Police: “If you weren’t at this robbery, why not just say that?”
You: “I have nothing to say.”

Clear enough? Even if you’re 100% innocent and are so smart that you won’t make any mistakes, just about anything you say can be used to convict you, even a complete denial. Don’t be foolish: be silent. Only discuss your case with an attorney - and no one else.

Welcome to our Fairfax Criminal Defense Blog

Fairfax Criminal Defense Attorney — Sat, 18 Sep 2010 00:44:00 GMT

We are pleased to announce the launch of our Fairfax Criminal Defense Blog.