New Virginia Laws 2023: Swatting and False Calls
Find out more about how Virginia has responded to swatting concerns.
It is a bad idea to lie to the cops. There are several crimes on the books related to lying to the cops. For example:
Filing a false police report;
Providing false identification;
Obstructing justice.
In 2023, law enforcement and first responders saw a new type of crime. There have been a growing number of false calls into dispatch about mental health issues, animal abuse, and child abuse. The online community has dubbed some of these calls “swatting.”
Swatting involves calling into law enforcement and falsely reporting false criminal activity or mental health issues to law enforcement. These calls require law enforcement to go to the scene. Many of these calls ended violently. Both law enforcement and innocent civilians were getting hurt or even killed. These calls were also creating a massive backlog of work for law enforcement.
The General Assembly responded by proposing Senate Bill 1291. This law was signed into effect in 2023 and now makes it an additional crime to provide false statements or induce someone else to make false statements to law enforcement or other emergency personnel when those statements are known to be false.
The purpose of the law is clear. No more swatting or false calls. If someone gets injured as a result of swatting and false calls, whether that be police or the person swatted, you are looking at a felony charge. That felony charge could cause you to lose the right to vote, the right to own firearms, the right to hold public office, and a lot of jail time.
The moral of the story is don’t swat people and don’t lie to the cops.
New Virginia Laws 2023: Switchblades and Stilettos
New law is passed in 2023 that makes it easier to own and transport switchblades in Virginia.
Carrying certain types of weapons; concealed or otherwise, can be a crime in Virginia under certain situations. Knives, for example, are one of the types of weapons that Virginia closely monitors.
Whether for protection or collection, if you are a knife enthusiast you have to be careful when you are out in public. Different places have different restrictions for when you can carry a knife. If you are not careful, you could get in trouble for bringing a knife somewhere you aren’t supposed to. Even if it was an innocent mistake and you forgot you had the knife with you.
Overtime, knife restrictions became a big problem in Virginia. New laws were suggested by the General Assembly to relax restrictions on carrying knives in 2023. One of those proposals was House Bill 2298. That law made changes to what kind of knives were restricted for concealed carry purposes.
Governor Youngkin signed House Bill 2298 in March of 2023. The new law reduces restrictions on concealed carry of switchblades. The new law removed the blanket restriction on carrying switchblades. The law now prevents carrying “stilettos” instead of “switchblades.” As many knife enthusiasts might tell you, that is a big difference. Some stilettos are switchblades, but not all stilettos are switchblades.
It is still a very bad idea to try to take your knives into government buildings, but the law is a lot less strict on other types of switchblades after the new rules were put in place this year. The law also still restricts the carrying of dirks and daggers.
If you are a collector or someone looking for personal protection, it is important to make sure you consult with a lawyer to make sure you aren’t carrying the wrong kind of knife and you are properly transporting it to avoid getting in trouble and risking jail time.
Virginia Criminal Defense Law: New Drug Overdose Law
Find out more about the new safe harbor drug overdose law in Virginia.
Have you or a loved one been charged with a drug related offense after a 9-11 call for an overdose? The Virginia Legislature recently passed a new law that has been getting attention from the court system that may offer some protections. So what is this new law and what does it mean for drug related cases?
What is the New Virginia Drug Overdose Law?
The new law was approved on April 9, 2020. It provides that “No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia” so long as certain criteria are met.
The criteria in order to be eligible under the new overdose law are:
Someone is experiencing an overdose;
Someone seeks emergency medical treatment;
The individuals remain at the scene;
The individuals identify themselves to law enforcement;
The only way the police knew of the incident was a result of the request for emergency medical treatment.
What Are Some of the Issues With The New Overdose Law?
Judges around Virginia are being asked to interpret this new law as a result of some vague phrasing by the Virginia legislature. Judges have ruled that in order to be eligible for protection under this new law, it must be a life-threatening and immediate need for medical attention. If the person suffering from a drug related overdose is not in an immediate, life-threatening condition, then they may not be eligible for protection under this new law.
Why Do You Need to Immediately Talk to a Criminal Defense Lawyer?
Drug related offenses can carry substantial punishments such as extended periods of incarceration in either jail or the state penitentiary. Many of the crimes you can be charged with are felonies, which can have long lasting consequences. If you have been charged with a drug related offense as a result of an overdose, you need to contact a criminal defense lawyer in your local area to discuss your rights in more detail, and whether you qualify for protection under the new law.
Virginia Crminal Law: Appealing a Conviction
Find out more about the appeals process in Virginia.
Sometimes even the best trial strategies result in a conviction. However, a guilty verdict is not the end of the line. Virginia, like most states in the United States, have a process for a person who has been found guilty to appeal the verdict. There are many different types of appeals, and the appeal process changes depending on the severity of the crime you have been charged with and where you are in the appeal process.
So how do appeals basically work in Virginia, and what are some things you need to be aware of when discussing your criminal case with your lawyer?
Criminal Appeals from General District Court
If you have been charged with a misdemeanor offense, it is likely that your case will be tried in one of Virginia’s district courts. District Courts are part of a group of courts known as “courts not of record.” The Juvenile and Domestic Relations Court is one other such court.
Anything that happens in a court not of record is unlikely to be written down. When you appeal from a court not of record, the next level of court hears all the evidence as if hearing it for the first time.
In order to appeal a guilty verdict from a general district court, you must file the proper appeals paperwork within ten (10) days from your conviction. If you have timely filed your notice of appeal, you also have the option, within sixty (60) days, to have the court not of record reconsider the matter. If the court reconsiders the matter and reverses the conviction, you can withdraw the appeal.
Criminal Appeals From Circuit Court
If you have been charged with a felony offense, or if you are on appeal from the general district court, the likely court that will hear your case is the Circuit Court of Virginia. The Circuit Court of Virginia is known as a “court of record.” Everything that happens in Circuit Court is written down and recorded.
As such, if you have to appeal to the next level of court after the circuit court you better make sure your grounds for appeal are clearly stated during your circuit court trial. This is known as “perfecting an issue for appeal.” Your criminal defense lawyer, if they are doing their job, should be perfecting any applicable issues for appeal to the next level of court.
There are a number of things a criminal defense attorney will need to do to prepare an appeal to the next level of court, which would be the Court of Appeals. Some common activities a criminal defense lawyer will do include requesting that a sentence be postponed, preparing a transcript for the appeal, and requesting additional bail terms.
Like in the General District Court, there is a time limit to file an appeal. An appeal must be filed within thirty (30) days from the conviction date. The notice of appeal in a circuit court case must be far more descriptive than the appeal from general district court. You must state every single grounds that entitles you to an appeal. Failure to preserve or mention a grounds means your case will be denied.
Criminal Appeals from Court of Appeals
The last step in the appeals process is an appeal from the Court of Appeals to the Supreme Court of Virginia. As with the other courts, there are deadlines and filing requirements for taking an appeal from the Court of Appeals to the Supreme Court. These deadlines are strict, and failure to comply with those deadlines will likely cause your appeal to be denied.
Why You Need a Criminal Appeals Lawyer
Appealing a case is a complicated process and even normal lawyers often have a hard time navigating the complex maze of rules. Most lawyers will recommend that you utilize a special appeals lawyer to help in the process. Make sure you have a lawyer with you every step of the way, as failure to properly note an appeal will automatically mean a loss.
Virginia Criminal Law: Preparing for Trial
Find out more about what your lawyer does behind the scenes in your criminal case.
Previous articles in my Virginia Criminal Law blog series have discussed what happens from your initial charge date through the bail process. After your arraignment date, the next thing that happens is that your attorney will prepare for trial.
This article will cover some of the things that your attorney will do to prepare for trial. This is not an exhaustive list, but it will give you some idea of what kind of work goes on behind the scenes.
Discovery in Criminal Cases in Virginia
The first thing that any criminal defense attorney will do is weigh how valuable discovery would be in your particular case. Discovery is the process whereby you can force the prosecutor to turn over certain documents they have regarding your case. In Virginia, criminal discovery is very limited. There are only certain types of documents that you can obtain in discovery.
At a minimum, the Supreme Court of Virginia allows defendants to request permission to obtain 1) written copies of any confessions or recorded statements made by the Defendant, 2) written reports prepared by forensic experts and law enforcement offices, and 3) copies of photographs or other documentary evidence held by the prosecutor.
However, discovery can be a two-edged sword. If the Defendant’s request is accepted, the prosecutor can ask for some things from the Defendant. These include, but are not limited to, inspection of any photographs held by the defendant or other documentary evidence, alibi evidence, or insanity evidence.
A good lawyer will advise a client on whether it is a good idea to go through the formal discovery process based upon the complexity of the particular case.
Motions in Virginia Criminal Law
The second thing that a criminal defense attorney may do is to consider what are known as “pre-trial motions.” These are motions designed to weaken the prosecutor’s case. For example, if the police officers violated a Defendant’s civil rights, a defense attorney may file a motion to exclude any evidence obtained by that officer.
There are any number of motions that can be filed by a criminal defense attorney, but the appropriate motions depend on the specific facts of your case. A pre-trial motion may not always be appropriate.
Witness Preparation in Criminal Law
A criminal defense attorney also needs to know whether there are any witnesses that will help your case. Attorneys will usually ask for you to identify anyone who was present at the alleged criminal offense who can help or hurt your side of the case. Additionally, a criminal defense attorney may want to interview character witnesses for sentencing purposes. Even if you are guilty of a crime, a character witness may help reduce jail time.
Plea Negotiation Pending Trial
Finally, a criminal defense attorney will continue to negotiate with the prosecutor throughout the entire process. While negotiations may stall early in the process, careful use of these above preparation skills may result in the prosecutor being more willing to negotiate.
Why You Need a Lawyer
Trials are hard to prepare for. It takes dozens of hours of solid leg work to make sure that you have the best possible chance at trial. Lawyers can help maximize your chances of success by engaging in these preparation processes. Therefore, you should hire an attorney to help with your criminal defense case.