Category Archives: Virginia Courts

Governor Moves to Delay Virginia’s New “Assault Firearm” Public Carry Ban Until 2027

Virginia gun owners received some unexpected news during the current special legislative session. Although the session was called to address budget issues, Governor Abigail Spanberger has used the budget amendment process to propose numerous substantive policy changes including delaying the … Continue reading

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Lancaster County Judge Enjoins VSP Enforcement of SB 749, But Many Questions Remain

Today brought major news in the ongoing litigation over Virginia’s new “assault firearm” and “large capacity magazine” law, SB 749. At a hearing in Lancaster County Circuit Court, in the case brought by VCDL and GOA, the judge reportedly granted … Continue reading

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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

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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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