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Lawyer for Virginia Gambling Charges | Federal Courts | State Courts

Anton J. Stelly offers experienced and aggressive criminal defense in state and federal courts for gambling charges. Call 804.726.4778 for a free consultation.

Juvenile Sex Charge | Virginia Criminal Defense Lawyer | Richmond | Alexandria

The Law Chambers of Anton J. Stelly represents persons charged with sex crimes from Richmond to Alexandria, and as far west as Montgomery County.

Federal Arrest Tactics That Can Prejudice Your Rights

Rule 5 of the Federal Rules of Criminal Procedure is often violated because federal agents try to coerce confessions of persons arrested as soon as possible.

Quick Facts About Involuntary Manslaughter in Virginia

Involuntary manslaughter is punishable as a Class 5 felony in Virginia, with a possible term of imprisonment of 1 to 5 years.

Assault and Battery of Police Officer in Virginia

A person convicted of assaulting a police officer in Virginia faces a mandatory minimum sentence of 6 months in prison, even if the assault is minimal.

When Police Are Arrested We All Suffer

Confidence in our criminal justice system begins with the the respect and trust we place in the officer on the beat. When they break the law, we lose faith.

Highest Court to Decide Whether Warrant Required for GPS Tracking by Police

The U. S. Supreme Court will decide this year whether the 4th Amendment requires police to get a search warrant before installing a GPS tracking device on a car

TSA Search Procedures Protested In Richmond Airport

If you are a "Baby Boomer" disgusted by the lack of gumption in the younger generation, take heart! A University of Cincinnati student from Charlottesville figuratively gave the finger to the TSA by stripping down to his underwear when going through security at Richmond International Airport today to protest violation of Fourth Amendment protections against unreasonable searches and seizures.

Virginia Court of Appeals Upholds GPS Tracking of Suspect by Fairfax Police

This week the Virginia Court of Appeals affirmed the conviction of a man for sexual assault in Fairfax County, rejecting his argument that his right to privacy was violated when county police secretly attached a GPS device to the bumper of his van while it was parked on the street in front of his home to track his movements.

Punishment for Conviction of a Felony in Virginia

Being charged with a felony in Virginia is serious business. An aggressive criminal defense lawyer -- whether it is one you retain yourself, or one appointed by the court -- is imperative to insure that the arrestee receive a fair trial, and if convicted, an appropriate punishment for the crime. A person arrested will be notified of the charge, and also the class of felony which will determine the minimum and maximum punishment that he faces if found guilty of the charge.

Miranda Rights in Virginia

Whether under investigation for a serious crime such as murder, malicious wounding, manslaughter, larceny or even DUI/DWI, Miranda rights to remain silent and have an attorney present during police questioning apply in Virginia.

When is a Person "In Custody" in Virginia?

When do Miranda rights attach to a person being questioned by police in Virginia? Whenever he is under arrest, or in custody. While a person under arrest is certainly "in custody," there are instances wherein a person who is not under arrest may be entitled to Miranda warnings because he is "in custody."

Malicious Wounding in Virginia Takes Three Forms

The Virginia Code specifies three separate instances in which one may be convicted of malicious wounding. The proof required for conviction of each varies, but the penalties for all are severe, ranging from life imprisonment, to a mandatory minimum of two years in prison.

Unlawful Wounding: A Lesser Offense to Malicious Wounding in Virginia

A person charged in Virginia with malicious wounding faces serious penalties upon conviction. But, if the Commonwealth's evidence does not prove malicious intent beyond a reasonable doubt, the accused may be convicted at most of unlawful wounding, which is punished less severely.

Former Henrico Policeman Faces Federal Ponzi Scheme Charges

Donald C. Lacey, a former Henrico County police officer, has been charged in Richmond federal court of bilking investors of millions of dollars in a real estate Ponzi-scheme.

81 Year Old Virginia Man Jailed in Internet Sex Sting

Stockholders in the pharmaceutical companies that make Viagra and Cialis may find themselves getting bigger dividends this year if internet sex solicitation charges against an 81 year old Richmond, Virginia man "stand up" in court.

Malicious Wounding Charge in Prince George Virginia Results in Not Guilty Verdict

A young man who reported his involvement in a fight to Prince George County (Virginia) police less than a half-hour afterward, and was assured by the officer that "it sounds like self-defense to me," thought the matter was over. He was later arrested on a charge of malicious wounding. Seven months later a circuit court judge found him not guilty in a bench trial.

Search Warrants in Virginia

While search warrants are not necessary in every instance, both state and federal courts look with favor on evidence seized via a lawfully issued search warrant. The issuance of a serach warrant is designed to protect persons from unwelcomed and unjustified annoyance by government agents and law enforcement officers.

Milwaukee Man to Face Single Trial in Seven Murders Spanning Several Years

Virginia criminal defense attorneys usually do not have to contend with single trials when a client is charged with several crimes involving different victims and different instances. That is not the procedure in all states however. The advantages and disadvantages of separate trials is weighed.

Compensating Those Wrongly Imprisoned -- The Texas Approach is Better Than Virginia's

If you are convicted of certain felonies in Virginia, go to prison, and then found are to have been innocent, you may not get much in Virginia in comparison to other states. In Texas, for instance, an exonerated person is entitled to $80,000 per year of prison time.

Deer Hunter Under Investigation in Shooting Death in King George, Virginia

A Virginia man must await the outcome of a Virginia Department of Game & Inlande fisheries probe to know whether he will be charged in the death of a fellow deer hunter.

When Drug Dealers Call the Cops

As a criminal defense lawyer in Richmond, Virginia, I have been involved in hundreds of prosecutions in state and federal courts. All of them have been unique in some way, but one was a real doosie.

In a recent case I tried in Henrico County (Virginia) Circuit Court, a jury found my client not guilty of seven felony charges, including two counts of using a firearm in the commission of a felony, two counts of firing into an occupied vehicle, and two counts of attempted malicious wounding. While I would like to take all the credit for the outcome, upon reflection, I have determined the most likely reason is that people -- and specifically the people on this jury -- are just fed up with drug dealers, and  are frustrated at the inability of law enforcement at all levels to win a "war on drugs" that has been on-going since Richard Nixon was elected president in 1968. You see, my client's actions that prompted the charges against him was taking the law -- and a gun -- into his own hands to stop a pair of drug dealers from selling his (tragically addicted) boss heroin. As the case unfolded, a couple of things became clear to me.

One, some drug dealers do not fear the police, or even long periods of incarceration (one of the drug dealers in the case had served prison terms of 8 and 2 years on previous convictions, and was on probation for the last one; the other was on probation for a distribution conviction just 6 months earlier for which he had received a 5 year suspended sentence). Like most law-breakers, they correctly assume that law enforcement officers are not going to shoot at them unless they attempt to shoot first. Moreover, they view themselves as businessmen who see jail as a potential -- though not certain -- risk that is worthwhile given the profit margin in drug sales.

Two, drug dealers do not like to be on the business end of a loaded gun wielded by anyone, but especially someone willing to risk his own life in a high-speed chase to stop them. My client would not have been charged except for the fact that these idiot dealers called the police themselves because they felt they should not have been exposed to such violence in carrying out their "business." Despite their confessions to the police that they were in the process of making a drug sale that my guy stopped, they were not charged with any crime (except for the driver, who was cited for driving while his license was suspended for his recent drug conviction) related to their attempt to sell a Schedule I controlled substance. On cross-examination, the chief investigator could only say there was "insufficient evidence" to bring any charges against them -- even though it was clear there was sufficient evidence to convict for an attempted drug sale.

At trial, the Deputy Commonwealth's Attorney had the distasteful task of letting the bad guys go free, to prosecute the "white hat." Perhaps the reasoning behind that decision was to set an example that private citizens must let the police handle drug cases and not take matters into their own hands. Law enforcement is better suited to solve crimes than "Joe Public," but in this case, twelve people disagreed.

Malicious Woundings on Rise in Henrico?

This week a student at Virginia Randolph High School in Henrico County, which abuts Richmond, was arrested on charges of shooting at other students in the school's parking lot. Thankfully, no one was injured. Although the accused is a juvenile, his use of a gun has prompted prosecutors to seek to have him tried as an adult, and if they are successful, he will face a harsher punishment if convicted.

Malicious wounding cases appear to be on the rise in this part of Virginia. Recently, the son of Henrico Commonwealth's Attorney Wade Kizer had malicious wounding charges against him dismissed after prosecutors agreed the injury he inflicted on another young man was the result of their "mutual combat."

In August, I successfully defended a 23 year old facing 80 years in prison on two counts of attempted malicious wounding and four other related charges. I was able to convince the Henrico County jury that my client was not shooting at the two drug dealers who filed the complaint, but rather at their car engine in an attempt to disable it so he could prevent his heroin-addict employer from buying drugs from them.

Malicious wounding, and attempted malicious wounding, are serious charges that carry severe penalties. If a firearm is used or displayed, a separate charge will be often added, one that carries a potential mandatory minimum prison sentence of 3 years. People facing such charge should find the most competent attorney to represent them.

Lagarrette Blount: New Symbol of Bad Sportsmanship?

In the first big college football game of the 2009 season, PAC-10 powerhouse Oregon played BCS wannabe Boise State before a national television audience on that irritating-to-the-eyes blue turf field in Boise. While the big story should have been BSU's trouncing of a contender for the PAC-10 title (for the second straight year, no less), the post-game incident between Oregon running back Lagarrette Blount and BSU linebacker Byron Hout was "the headline." If you have just emerged from a coma or a hangover and don't know what happened, listen to this:

As the teams mingled at the center of the field after the game, Hout slapped Blount on the shoulder pads and said something to him, smirking as he did. While it is not known what words were spoken by Hout, the video depicts a BSU assistant coach (who evidently heard the comment) trying to grab Hout and pull him away. However, before he could get Hout out of range, Blount caught Hout on the chin/cheek with a right cross, knocking Hout to his knees. The bedlam that erupted thereafter is unimportant for this blog. What is important to me is the lack of sportsmanship displayed by BOTH Hout and Blount, and how their respective coaches reacted.

Oregon suspended Blount for the rest of the season. Shocking -- at least to me --- is that Hout's coach said he would not take any action against his player, whose bad sportmanship was the catalyst for the punch. Although a BSU assistant heard what he said to Blount and immediately knew it was likely to provoke an undesireable response, BSU will keep him on the field.

It may have been a better message sent to middle schoolers and high schoolers to kick Blount off the team, and suspend Hout for the season.

Football is a game played with passion and emotion. As a player myself, and in watching practices and games my son participated in at Virginia Tech, I know that one of the keys to a successful performance on the field is to "let it all out" -- that is, psyche yourself into a very high emotional state to compete at your highest level. All football players do this, especially at the college level and up. 

However, one has to be able to turn off those emotions quickly. Once the play on the field is over, there must be a cooling off. "Good sportsmanship" means not only accepting defeat gracefully, but not gloating or "trash talking" a defeated opponent. Suspending Hout will get this message across. 

Would You Use a Gun to Prevent Crimes

In August, I successfully defended a young man charged with seven felonies in Henrico County, Virginia. His crime: firing a shot at a drug dealer's engine compartment to prevent him from completing a sale to his friend, a heroin addict who happened to be in the car that was speeding away from the friend's house in a pre-arranged effort to satisfy a drug habit.

My client was charged with two counts  of firing into an occupied vehicle with the intent to injure the persons inside; two counts of attempted malicious wounding; one count of leaving the scene of an accident; and two counts of using a firearm in the commission of a felony.
 
Although no one was injured and the friend rescued from his drug suppliers before the sale could be completed, the case demonstrated three things:

One, Virginia does not want private citizens to intervene in preventing crime, even when it is impossible to get officer assistance in to the scene in time.

Two, drug dealers call for police assistance themselves when they feel threatened.

Three, when presented with a truthful rendition of the facts, and a justifiable argument to support innocense, jurors will acquit a person of a crime despite the arguments of the state to the contrary.