Virginia Court of Appeals Decision on Marijuana- Constructive Possession and Car Ownership

Posted on May 7, 2011 by Will

The Virginia Court of Appeals recently ruled in Lewis v. Commonwealth of Virginia that the evidence was insufficient to convict defendant of possession of marijuana with the intent to distribute, when the drug was found in the locked glove compartment of defendant’s vehicle and he was not in the car at the time of the stop. The Court ruled that the state did not carry its burden to prove that the defendant exercised dominion and control over the marijuana in the glove compartment and that he was aware of the presence and character of the substance. The Defendant made no statements admitting the marijuana was in the car. The theory of constructive possession therefore did not apply to the defendant and the felony charges were dismissed.

The case was decided on April 26, 2011.

If you need assistance with a pending possession of marijuana with intent to distribute case, please visit the law office’s web site here.

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Virginia Supreme Court Reverses DUI Conviction for Invalid Arrest – Major Case Development

Posted on May 3, 2011 by Will

The Virginia Supreme Court ruled in Roseborough v. Commonwealth of Virginia, 281 Va. 233, 704 S.E.2d 414 (2011), that a certificate of breath alcohol analysis in DUI cases is admissible as evidence only when the implied consent statute applies. An individual’s willingness to take the breath test when the implied consent statute does not apply to the case is irrelevant to certificate admissibility. The Defendant was invalidly arrested after an accident on a private, gated road.

If you need assistance with a pending Driving Under the Influence of Alcohol (DUI) case, please visit the law office’s web site here.

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Use of a Firearm in Commission of a Burglary Conviction Reversed by Virginia Supreme Court

Posted on May 2, 2011 by Will

The Virginia Supreme Court overturned a conviction for Use of a Firearm in the Commission of a Burglary, when the gun was used or displayed after the crime of burglary was completed. The Court stated that the crime of burglary is finished when the suspect enters the premises at nighttime with the requisite intent. The crime of burglary does not continue until the suspect leaves the premises. The case citation was Rowland v. Commonwealth of Virginia, Va. (3/4/11).

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Possession of a Controlled Substance Defenses – Virginia Court of Appeals Decision

Posted on May 1, 2011 by Will

The Virginia Court of Appeals ruled that the affirmative defense of a valid prescription requires the defendant to present supporting evidence of that in a prosecution for possession of a controlled substance under Virginia Code 18.2-250. The defendant has the burden of providing evidence of the prescription, since that information is “peculiarly within the knowledge of the appellant.” The statute criminalizes possession of controlled substances, and a prescription is the only valid exception. The case citation is Williams v. Commonwealth of Virginia, 57 Va. App. 341, 702 S.E.2d 260 (2010).

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Case Law on Juvenile Appeals – Virginia Court of Appeals decision

Posted on May 1, 2011 by Will

The Virginia Court of Appeals ruled that a juvenile defendant may waive his or her right of appeal from the Juvenile and Domestic Relations General District Court to the Circuit Court in a plea agreement. The case citation is Congdon v. Commonwealth of Virginia, Va. App. , S.E.2d (2/15/11). The statutory right of appeal from the Juvenile and Domestic Relations General District Court to the Circuit Court is usually ten (10) days.

If you need assistance with a pending juvenile criminal or traffic case, please visit the law office’s web site here.

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Virginia Court of Appeals Decision on Miranda and DUI Field Tests

Posted on April 30, 2011 by Will

The Virginia Court of Appeals recently ruled in Gibson v. Commonwealth of Virginia, that an officer is not required to read a suspect Miranda rights before administering field sobriety tests in a DUI stop. The Court stated that the physical performance of field sobriety tests are not testimonial communication. The Defendant was unable to suppress the results of the field sobriety tests as evidence. The Court citation was Va. App. , S.E. 2d (03/22).

If you need assistance with a pending Driving Under the Influence of Alcohol (DUI) case, please visit the law office’s web site here.

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Recent Virginia Supreme Court Ruling on DUI Laws

Posted on April 30, 2011 by Will

The Virginia Supreme Court recently ruled in Nelson v. Commonwealth of Virginia, that an intoxicated person who turns the vehicle key to the “accessory” or “on” position to listen to the radio was operating a motor vehicle under the Drunk Driving statute. The Court stated that while the vehicle was not in movement, the defendant took an action which started the sequence of operation. The case citation was 281 Va. 212, S.E. 2d (1/13).

If you need assistance with a pending Driving Under the Influence of Alcohol (DUI) case, please visit the law office’s web site here.

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Criminal Defense, Traffic Violations and Personal Injury Attorney in Virginia

Posted on April 8, 2011 by netqwik

Attorney Profile

Attorney Yeargan graduated from American University in Washington, D.C. with a Bachelor’s Degree in International Relations in 1992. He then attended Franklin Pierce Law School in Concord, New Hampshire. In 1998, Attorney Yeargan graduated from that school with a J.D. degree. He became a member of the Virginia State Bar in April of 1999. For the past twelve years, he has operated a law practice in Fairfax City, Virginia across the street from the Fairfax County Courthouse.

Attorney Yeargan is admitted to practice in all state courts of the Commonwealth of Virginia. This includes all General District Courts, Circuit Courts, Juvenile and Domestic Relations District Courts, the Court of Appeals and the Supreme Court of Virginia. He also was admitted to practice in the U.S. District Court for the Eastern District of Virginia in 2001. As a member of that court, he is qualified to accept court appointed criminal cases through the court appointment panel (Criminal Justice Act of 1964). Attorney Yeargan also accepts civil matters in the Federal Court system. He is a Member of the Virginia Association of Criminal Defense Lawyers.

Attorney Yeargan has successfully handled hundreds of criminal and civil matters throughout the Commonwealth of Virginia.

Criminal Defense

Attorney Yeargan has handled hundreds of criminal cases in the Commonwealth of Virginia as defense counsel. Some of the common types of criminal offenses seen in his practice are:

  • Possession of Marijuana
  • Assault and Battery of Family or Household Member
  • Possession of Cocaine and/or Heroin
  • Possession of a Concealed Weapon
  • Felony Eluding of Police
  • Petit (Petty) Larceny and Grand Larceny
  • Disorderly Conduct, Destruction of Property
  • Credit Card Fraud and Felony Child Abuse

Traffic Cases

Attorney Yeargan handles all traffic cases in Virginia General District Courts, Circuit Courts and Juvenile and Domestic Relations District Courts. Typical types of traffic cases include reckless driving, driving under the influence of alcohol, driving after being declared an habitual offender, and driving after forfeiture of license. Many people do not realize that the Commonwealth of Virginia often prosecutes individuals who drive over eighty (80) miles an hour or speed twenty (20) miles or more over the limit with reckless driving. This is considered a Class One Misdemeanor and can result in imposition of a jail sentence and/or suspension of one’s drivers license. Driving Under the Influence of Alcohol is also a serious offense and may result in a jail sentence, loss of license, enrollment in the Virginia Alcohol Safety Action Program and/or fines. It is important to have competent counsel to avoid the pitfalls of the traffic court system. Please contact Mr. Yeargan to schedule an appointment to discuss the ramifications of each charge prosecuted by the Commonwealth of Virginia.

Personal Injury

This law office assists clients with personal injury claims stemming from motor vehicle accidents or intentional harm resulting from assault and battery. Attorney Yeargan assists clients with assessing the extent of physical injury and determining the strength of each claim. In addition, he explains the law in Virginia applicable to personal injury claims and the defenses commonly asserted in those actions (such as contributory negligence and consent). Attorney Yeargan aggressively negotiates with insurance companies to obtain the most favorable financial result. When necessary, he files suit on a client’s behalf to effectuate a better resolution.

Business Formation

This law firm also assists clients in the formation of their chosen business entity. Attorney Yeargan assists clients with the establishment of Corporations and Limited Liability Companies. He serves as a registered agent with the State Corporation Commission for such entities. In addition, he drafts contracts and business documents for clients and assists them with Internet domain operation. In the event litigation is necessary, he is available to negotiate and prosecute civil claims including, but not limited to, Breach of Contract.

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