Category Archives: Criminal Law

Purchasing multiple handguns in Virginia

In 2020, the Democrat majority in the General Assembly enacted a ‘one handgun a month’ law.  That bill, SB69,  limited the number of handguns that a person could purchase within a 30-day-period to one. The bill did provide a number … Continue reading

Posted in Background Checks, CHP, Concealed Handgun Permit, Criminal Law, One Handgun a Month, Purchasing Firearms, Virginia Law, Virginia State Police | Comments Off on Purchasing multiple handguns in Virginia

Virginia law change allows some charges resolved by deferred disposition to be expunged

Back in 2017, I had written an article to answer the question “Is a charge eligible for expungement if it was dismissed following a deferred disposition?” In that article I laid out the controlling case law and determined that, at … Continue reading

Posted in Criminal Justice Reform, Criminal Law, Deferred Disposition, Expungement, Virginia Courts, Virginia Law, Virginia Politics, Virginia Supreme Court | Comments Off on Virginia law change allows some charges resolved by deferred disposition to be expunged

The new landscape for deferred dispositions in Virginia

Before we discuss the significant recent changes in deferred dispositions made by the Virginia General Assembly, I should first make sure that everyone understands the concept. The Virginia State Crime Commission describes deferred disposition this way: “In general, deferred disposition … Continue reading

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Virginia law change requires courts to grant a Commonwealth’s motion to dismiss

With the election of several Commonwealth Attorneys across the state who had deciding not to prosecute certain crimes in the interest of criminal justice reform, some judges had refused to accept dismissal motions presented by the Commonwealth Attorneys. However, that … Continue reading

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Does a center console count as a ‘secured container’ for purposes of the Virginia concealed carry law?

Last year I received a call from a prospective client who had been charged with carrying a concealed firearm without a permit.  For purposes of this article, we will call him ‘Bob’. Bob had been initially appointed counsel and was … Continue reading

Posted in Concealed Handgun Permit, Criminal Law, Virginia Concealed Handgun Permit, Virginia Courts, Virginia Law | Comments Off on Does a center console count as a ‘secured container’ for purposes of the Virginia concealed carry law?