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Law Chambers of Anton J. Stelly Library

Library Categories:

• Felony (Larceny /Malicious wounding)
• DUI & Reckless Driving Defense
• Virginia Divorce and Family Law Attorney
• Marijuana, Cocaine Drug and Alcohol Charges
• Richmond Virginia Reckless Driving Attorney
• Federal Criminal Courts
• General

Felony (Larceny /Malicious wounding):

• Virginia Criminal Law Involving Juveniles: Rape   
  A parent whose child faces a criminal charge should consider hiring an experienced criminal defense attorney to protect the child's rights and future.
• Virginia Assault & Battery Law   
  Assault and battery charges can be reduced to lesser offenses, or successfully defended in many cases if your defense attorney does his job.
• Anabolic Steroids: Possession, Manufacture, and Distributon is Illegal in Virginia and Severely Punished   
  Possession, manufacture and distribution of anabolic steroids is severely punished in Virginia, with a conviction netting the offender up to 10 years in jail.
• Virginia Assault & Battery   
  Assaults and batteries in Virginia are punished the same, but have different requirements for conviction.
• Breach of Trust? Virginia Police Officer Charged in Child Porn Investigation.   
  Henrico police officer faces child porn charges following arrest in Bedford county; is suspended without pay while charges are pending.
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 7 Winning the Case   
  The successful defense of a Virginia malicious wounding trial often depends upon how skillfully the defense attorney plans to attack the Commonwealth's evidence
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 6 Deciding On a Jury Trial or Bench Trial   
  Since malicious wounding is such a serious offense in Virginia, it is important that your attorney help you in hoosing to be tried by a judge or by a jury.
• Know Your Rights When Arrested By Federal, State or Local Police on Drug or Other Charges   
  Federal DEA and Virginia State Police Agents Frequently Violate the Procedures They Are required to Follow by Federal and State law. Learn what you must do.
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 5 Investigation of the Case   
  A verdict of "Guilty" or "Not Guilty" in Virginia malicious wounding cases often depends on how thoroughly your attorney has investigated the facts and evidence
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 4 The Preliminary Hearing   
  The preliminary hearing is a critical stage of a malicious wounding case in Virginia, and a veteran attorney explains the ins and outs the process.
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 1 - An Overview   
  Obtaining success against a malicious wounding charge in Virginia often depends on having a lawyer with a proven track record in handling these cases.
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 2 - The Arrest and Arraignment   
  Virginia malicious wounding arrests usually result in the accused being held without bail until arraignment before a judge
• Things to Look for When Selecting a Malicious Wounding Attorney: Part 3 - The Bail Hearing   
  Obtaining bail after an arrest for malicious wounding in Virginia will usually have to wait until the accused can be brought before a judge for a bail hearing.
• Successful Defense of Malicious Wounding Charges in Virginia Requires the Skills of an Attorney With a Proven Track Record of Successfully Representing Clients Against Malicous Wounding Charges   
  Persons Charged With Malicious Wounding in Virginia Face Serious Consequences if Convicted, Including a Prison Term That Can Range From 5 to 20 years.
• In additon to the usual reasons that teens should be educated about the consequences of sexual activity, parents need to know and explain to their children that sexual activity with persons under a certain age are illegal, and can lead to severe, lifelong consequences.   
  For many teenagers in Virginia, engaging in sexual activity could lead to criminal charges, jail, and a lifetime of disappointment.
• Judge Accepts Jury Recommendation on Sentence for Shooting of Richmond Man   
  An illicit affair between a former teacher and a young man led to blackmail, a shooting, and now the incarceration of a 20 year old man who pulled the trigger after a blackmail scheme ended in Richmond, Virginia last year.
• Illegal Police Search Results in Reversal of Marijuana Conviction   
  The Virginia Court of Appeals recently reversed a marijuana conviction because the police illegally searched the defendant to find the marijuana that was admitted to convict him.
• Fourth Circuit Remands Case Where District Court Presumed Sentence Within Guidelines Range Correct   
  The Fourth Circuit Court of Appeals remanded a case for re-sentencing because the judge Presumed that he could sentence the defendant within the range suggested by the Federal Sentencing Guidelines and comply with the "reasonableness" provisions of federal law on sentencing, he committed reversible error.
• Virginia Federal Court Judges Give Harsh Sentences to Distributors of Cocaine and Crack   
  Virginia federal courts are tough on sentencing drug dealers, particularly in the Eastern District. On May 28, 2009, a federal judge in Richmond sentenced two brothers for their roles in a large cocaine and crack distribution operation. One was sentenced to life in prison, and the other received 40 years in prison.
• Police and Prosecutors Unsure if Porn Laws Broken by Sexting Teens   
  Police and prosecutors in Richmond, Chesterfield County, Hanover County, Henrico County, and elsewhere in Virginia, and in other states, have taken differing views on whether to treat teens who send nude images of themselves to friends over cellphones and the Internet as child pornographers, or just kids engaging in reckless fun. USA Today reports on the attitudes of some.
• Virginia Prisoner Must Be Brought to Trial Within 5 Months   
  Virginia criminal defense attorney Tony Stelly explains Virginia's Speedy Trial Act. Under Virginia law, the Commonwealth has 5 months within which to bring a prisoner to trial after his preliminary hearing or his indictment. Failure to abide by the 5-month rule can lead to dismissal of the indictment and the charges. This law applies to Virginia felony cases where the defendant has not consented to a continuance, or waived his rights under the Speedy Trial Act.
• Miranda RIghts Must Be Knowingly Waived When Questioned by Police   
  Many times confessions are not reliable because they have been obtained by police misconduct. Former FBI agent and Virginia criminal defense attorney, Tony Stelly, discusses the intricacies of the constituional rights one must be given under Miranda v. Arizona before being questioned by police while he is in custody or under arrest. Included are the right to remain silent, the right to have an attorney present during questioning, and the waiver of such rights.
• Teenage "Sexting" Under Investigation   
  Richmond Times-Dispatch reporter Mark Bowes investigated "sexting" patterns in local area jurisdictions. Read what he learned in this excerpt from his report filed May 2, 2009.
• Virginia Teens Charged With Child Pornography in "Sexting" Probe   
  Various news services are reporting that teens as young as 13 are sending nude and obscene photos to friends with their cell phones. Parents and police are concerned the practice will lead to serious consequences.
• Understanding Virginia Police Procedures: Traffic Cases: Part 1   
  Former FBI agent and Richmond, Virginia criminal defense attorney Tony Stelly initiates his series of reports on understanding police procedures by discussing the most frequest citizen-police encounter: traffic violations. He explains why you must be aware of your constitutional rights when engaged in even a simple roadsdie discussion with police officers. Whether you realize it or not, the policeman making a traffic stop is trained to be on the lookout for more than just giving you a ticket and sending you along your way.
• Know Your Constitutional Rights   
  The National Archives has made available at its website the Bill of Rights. These are the First Ten Amendmnets to the Constitution. Everyone should know them.
• The Virginia "Bill of Rights"   
  A few weeks before the Declaration of Independence was ratified in Philadelphia, a "gentleman farmer" named George Mason crafted what was to become known, and ratified into law, as the Virginia Declaration of Rights. It has remained the bedrock of law in Virginia for over 300 yers.
• Prosecutorial Misconduct or Jury Error -- What is Going On In Virginia?   
  Are unjust convictions on the rise?
• Does the Breath Test Accurately Determine the Amount of Alcohol in Your Blood?   
  Virginia police use a breathalyzer for evidence in DUI cases almost all of the time. However, the instrument is not infallible and the readings can be inaccurate in many instances. Former FBI agent and Richmond, Virginia criminal defense attorney duscusses the breathalyzer and explains why test results can be skewed.
• Understanding Virginia Police Procedures: Traffic Cases: Part 2   
  Former FBI agent and Richmond, Virginia criminal defense attorney Tony Stelly continues his series of reports on Virginia police procedures. Sometimes traffic officers make stops on a hunch, or a minor violation. In this segment, Mr. Stelly explains the circumstances that must exist before an officer can stop your car, and why you should not be ignorant of your rights.
• Common Sense for Virginia Drivers: Think Hard Before Having That Drink   
  Be aware that Virginia is among the states the National Highway Traffic Safety Administration (NHTSA) ranks highly for enforcing DUI laws. This offense is taken very seriously by the officers enforcing the law, by the Commonwealth’s Attorneys who prosecute violators, and by the judges who try the cases. If you are not sure if you have had too much to drink before starting your car—DON’T!
• DUI Factoids: Understanding the Breath Test for Blood Alcohol Content [PDF]   
  Are breath tests mandatory if the police officer asks me to take one? Criminal defense lawyer Tony Stelly explains the Virginia law on this issue, and also discusses the how your results may be skewed.
• Understanding Virginia Police Procedures: Overview   
  Former FBI agent and criminal defense attorney Tony Stelly begins his series of reports on the importance of understanding your rights when approached by police officers. This overview explains why the public is at a disadvantage in dealing with law enforcement officers who suspect you of crimes, and why you need to exerecise caution.
• Understanding Virginia Police Procedures: Traffic Violations: Part 3   
  Continuing his series on Virginia police procedures, former FBI agent and Richmond, Virginia criminal defense attorney Tony Stelly, discusses what can transpire in a typical traffic stop. Using a hypothetical example of a person suspected of reckless driving, Mr. Stelly explains how to best respond in this situation.
• What Parents Should Know About Juvenile Courts   
  Juvenile courts are great for most kids, but parents should be aware that juvenile court encounters are important and cannot be equated to a trip to the principal's office. What happens to your child in juvenile court may come back to haunt him later.
• Topics to Discuss Before Your Teen Becomes a Driver   
  Tony Stelly passes along some advice to parents of teenage drivers.
• Reminders for Traffic Stops   
  Tony Stelly offers some things to consider when the police have pulled you over.
• Field Sobriety Tests: Designed for Failure?   
  If you've been stopped for suspicion of DUI/DWI the officer is likely to ask you to perform Field Sobriety Tests (FSTs). Although FSTs are voluntary, most drivers do not know this. You do not have to perform them! Tony Stelly explains the pros and cons of the FSTs, and provides helpful information you should consider before agreeing to take them.

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DUI & Reckless Driving Defense:

• Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.   
  Performing Field Sobriety Tests (FSTs) when you are stopped for suspicion of DUI / DWI may not be in your best interests, and could ruin your chances of getting a favorable outcome in court after you are charged. Richmond, VA, Reckless Driving Attorney, Virginia DUI attorney
• Aggressive and Reckless Driving Charges in Virginia Requires a Good Defense Because Conviction of One Will Show Up on Your Permanent Criminal record   
  Virginia Aggressive or Reckless Driving charges are serious and require a serious-minded defense attorney
• Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License   
  Despite being violative of one's right against self-incrimination, Virginia's implied consent law requiring a person arrested for DUI to submit to a breath or blood test for alcohol, is valid.
• What We've Been Saying! Former policeman attacks procedures in DUI arrest!   
  Over the past 2 years we have been advising visitors to the website to exercise patience and their right to not incriminate themselves in a police traffic stop for reckless driving or DUI.
  
  This comment from a former police office that was posted to a DUI website earlier this week reinforces what we have been saying.
• The Shocking Unreliability of Field Sobriety Tests to Determine Probable Cause for DUI [PDF]   
  Field Sobriety Tests (FSTs) routinely given to suspected drunk drivers have been proven to be unreliable indicators of impairment. Independent tests by Clemson University professors in 1994 demonstrated that police officers could not determine from the performance of FSTs alone whether a person was "too drunk to drive."
• Police Chief of Alexandria Virginia Charged With DUI in Arlington Accident   
  Twenty-plus years of law enforcement service may be ending soon for Alexandria Chief of Police David P. Baker, who has been charged with DUI following an accident that sent one person to the hospital with non-life threatening inuries. News reports have attributed his BAC to have been 0.19, more than twice the legal limit for impairment.
• What Happens in Your DUI Trial   
  Richmond Virginia DUI attorney gives a brief explanation of what one can expect when charged with DUI or DWI in Virignia. Areas covered are the arraignment, trial in general district court, and appeal to circuit court.
• Gallup Poll Reflects Public Attitudes About Drunk Driving [PDF]   
  A survey conducted by the Gallup organization was presented to the National Highway Transportation Safety Administration (NHTSA). It is believed the NHTSA commissioned the survey and therefore the results may be suspect by many as being biased. You decide.
• DUI Statutes and Procedures and Your Constitutional Rights [PDF]   
  Consitutional rights of Virginians fly out the window when they are stopped for suspicion of DUI. California attorney Lawrence Taylor granted me permission to
• Constitutional RIghts May Take Another Hit If President's Nominee is Confirmed as Head of NHTSA   
  Virginia DUI lawyer and ex-FBI agent Tony Stelly believes drunk driving laws are going to get tougher. MADD CEO Chuck Hurley's nomination to be head of the National Highway Traffic Safety Administration (NHTSA)is likely to result in harsher sentences and a lowered standard for conviction of DUI. As the former head of MADD, Hurley was a proponent of lowering the BAC level for conviction of DUI, and for installation of ignition interlock devices on all cars. An editorial in the Washington Times points out, this is the wrong man for this job.
• Field Sobriety Tests Myths   
  In an article published in The Champion, the history of field sobriety tests is discussed, and the results called into question.

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Virginia Divorce and Family Law Attorney:

• Virginia Teens Charged With Malicious Wounding Need Skilled Defense Lawyers   
  Virginia teens involved in fist fights often are charged in juvenile court with malicious wounding. These are serious charges and at the option of the Commonwealth's Attorney the teen can and may be tried as an adult in circuit court. A defense attorney with a proven track record for successfully defending malicious wounding charges should be consulted and retained to protect the child's interests and future.
• If your former husband or wife is not permitting you to have visitation with your children, you may want to contact me to help you understand your rights!   
  Denial of child visitation in Virginia can result in losing joint or primary custody. Virginia law holds that a parent who interferes with or denies visitation to the non-custodial parent risks losing custody of children.
• Mother Having Primary Physical Custody of Child Who Moves for Job Retains Status Over Father's Objection   
  In a decsion issued May 21, 2009, a circuit court denied a father's petition to amend primary custody of the parties' son due to the mother's move. The father contended that the 100-mile change in residence impaired his visitation rights.
• Love and Marriage (and Prenuptial Agreements) Go Together Like a Horse and Carriage   
  Virginia divorce attorney Tony Stelly discusses why prenuptial agreements are something to consider before marriage.
• Trial Court Errs By Increasing Amount of Wife's Spousal Support or Alimony Where Property Settlement Agreement in Place   
  A trial court does not have the authority to modify or change the amount of spousal support that is specified in a Property Settlement Agreement.
• Trial Court Erred in Holding Post Divorce Consent Decree Amended Property Settlement Agreement Terms Relating to Alimony   
  Husband fell behind on spousal support (alimony) payments and wife sought to have him held in contempt. Before the contempt hearing, the parties agreed to terms requiring husband to pay extra to catch up the arrearages. However, when husband later retired, he petitioned the court to terminate spousal support because he could no longer afford it. Wife sought to enforce the consent order that was entered by the court as a result of the contempt proceeding.
• Virginia Uniform Child Custody Jurisdiction Act [PDF]   
  The Virginia Uniform Child Custody Jurisdiction Act is set forth in Code sections 20-1-146.1 through 146.21. It governs how and under what circumstances Virginia courts may exercise jurisdiction over children under 18 whose parents reside in different states and whose custody, support or visitation are at issue.
• Juvenile Court Erred in Changing Custody [PDF]   
  In December 2008, a Roanoke County Circuit Court held that the JDR order permanently changing custody was void ab initio.
  
  The argument between the parents dealt with whether the child should be enrolled in the public school chosen by the father or the one chosen by the mother. In making its final decision, the JDR court permanently changed custody, to which the father objected on procedural grounds.
• Loan From Family Trust held to be Marital Debt [PDF]   
  The Court of Appeals reverses a final divorce decree, agreeing with husband that the trial court erred in ruling that funds borrowed from a family trust was husband’s separate debt in determining equitable distribution of the marital estate.
• Imputation of Income to Wife Not Justified When She Left Workforce by Agreement With Husband [PDF]   
  A divorce court did not err in declining to impute income to a mother of four children, aged two to 10 years old, who had stayed home to care for the children by agreement of the parties, the Court of Appeals upholds the monthly spousal support award of $2,500 with an undefined duration.
• Mother's Objection to Permanent Foster Care of Child Rejected [PDF]   
  The Court of Appeals upholds a trial court decision approving a permanent foster care plan for her minor child that refused to grant specific visitation to mother.

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Marijuana, Cocaine Drug and Alcohol Charges:

• Underage Drinking Deaths: The Texas Approach   
  Texas lawmakers passed a Bill to help prevent alcohol poisonings of underage drinkers by offering immunity from prosecution to those who report it and seek help
• Warrantless Entry Into Fenced Backyard Can Result in Suppression of Evidence at Drug Possession Trial   
  When police make a warrantless entry into a person's yard to seize evidence or make an arrest on drug charges, they may have violated the Fourth Amendment
• Sentence Reductions for Crack Convictions   
  The U. S. Sentencing Commission revised guidelines for possession and distribution of cocaine base ("crack") will apply retroactively.
• Federal Drug Penalty for Possession of Small Amounts of Certain Drugs for personal Use is Moderate   
  Possession of marijuana is a federal crime, as well as a violation of Virginia law. The Department of Justice has promulgated at 21 USC 844 the civil penalty.
• If You're Smart Enough Not to Dive Into Shallow Water, You're Smart Enough to Know When Police Need a Warrant to Search Your Personal Property for Marijuana and Other Drugs   
  Unless you are under arrest, in most cases without your permission, police need a search warrant to find evidence in your car, purse, backpack or residence.
• Richmond Area Police & School Officials to Resume Drug Sweeps of Students' Lockers and Personal Effects This School Year   
  Police and pubic schools officials will in Richmond, Henrico County, Chesterfield County and in other localities announced that they will use drug-sniffing dogs and other tactics to detect drugs on public school property during this academic year. Criminal defense attorneys may be busier than usual this Fall.
• Consent to Search Car, Truck or Van May Lead to Other Charges   
  Virginia police officers and State Trooper making traffic stops sometimes ask permission to search the vehicles. More often than not, people give their consent, and sometimes that backfires when a bookbag, backpack, purse, or other closed container in the vehicle is also inspected and drugs or other contraband is discovered.
• Dangers of Teen Sexting International Issue   
  Child pornography charges may result when teenagers are caught sexting on their cell phones or in e-mails. Prosecutors in Richmond, Henrico, Chesterfield, Goochland and Hanover Counties want to address the matter as a safety issue, but are not ruling out pressing child porn charges against those sending or receiving nude images. Other countries are struggling with the issue as well.
• Scientific Facts on Teenage and Juvenile Drinking   
  The National Institute of Alcohol Abuse and Alcoholism, an arm of the federal government, presents this article on the effects of alcohol use in young persons and teens.
• Teen Rights in Police Questioning to Avoid Police Misconduct   
  All the constitutional rights that adults have also are granted to teenagers, or juveniles. Virginia criminal defense attorney and former FBI agent Tony Stelly discusses in this article how the courts must look carefully at confessions made by young people to assure that they are intelligently and knowlingly made, and not the result of police misconduct.

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Richmond Virginia Reckless Driving Attorney:

• Veteran's Day accident on Southbound I-95 near Richmond resulted in criminal charge being filed against a Georgia trucker for reckless driving.   
  Reckless driving charge against Georgia trucker filed by Virginia State Police as a result of a traffic accident on I-95 could jeopardize the man's livelihood. Reckless driving is a criminal offense in Virginia. Conviction of reckless driving can result in losing one's driver's license, including a commercial driver's license (CDL).
• Virginia Court Finds Implied Consent for Employee to Use Company Vehicle for Personal Use   
  A Circuit Court in Fairfax held that because the owner of the company that allowed an employee to take a company vehicle home did not advise the employee that he would be fired if he used the vehicle for personal use, but only responsible for any damages, the employee had implied consent to use the vehicle for personal use.
• Accident Fatality on I-95 Near Richmond Results in Reckless Driving Charge For Driver Who Fell Asleep   
  A woman was killed, and seven others were taken to hospital with varying injuries, when a man drving an SUV on I-95 near Richmond fell asleep and crashed into the van the victim and other passengers were riding in on July 25. The driver of the SUV was initially charged with reckless driving, but the Virginia State Police are continuing their investigation and other charges may be filed.
• Money Drives Traffic Intersection Cameras: Danger to Drivers Increase   
  A Richmond, Virginia accident attorney questions whether cameras at intersections designed to nab "red-light runners" are good or bad in the long term. While the revenues they generate exceed their costs of installation and maintenance, reports are out that more rear-end accidents occur at their locations.
• What Happens to Your Body in a Crash   
  The Insurance Institute for Highway Safety has made available for viewing at its website a trailer from the video, "Understanding Car Crashes: When Physics Meets Biology."
• $200K Punitive Damages Verdict in Drunk Driving Accident Being Fought by Plaintiff's Insurer   
  The Virginia Lawyers Weekly reports the fight by both the defedant's and the plaintiff's insurance companies to reduce a large punitive damages verdict awarded to a teenager in Rockbridge County who was injured by a drunk driving offender with prior DUI convictions.
• Raising Your UM/UIM Coverage Limits Could Help You Get Paid   
  As a cost-saving decision, reducing or failing to increase the amounts of your UM/UIM auto coverages is not sound. Virginia auto accident attorney Tony Stelly explains why.
• Find an Orthopaedist in Richmond, Henrico, Chesterfield or Hanover County   
  If you reside in the Richmond, Virginia metropolitan area and need to obtain orthopaedic treatment, check out these listings to find a doctor or practice group that may best be able to assist you.
• Why Having the Right Auto Insurance Coverage Can Protect You Later   
  Protecting you and your family from unexpected financial loss should be a primary consideration in your budget. Getting the right amount of auto insurance coverage is something many people overlook because they want to save money on the monthly premium, and erroneously assume that if someone else is at fault, the other guy's policy will "cover everything." But what if your are injured by one of the millions of people driving around with no insurance, or just the minimum amount? Veteran Virginia attorney and former FBI agent Tony Stelly discusses the steps you can take to prevent a financial disaster from happening to you.
• Getting the Money You Deserve   
  Not every injury in an suto accident will result in a recovery by the injured party. Veteran attorney and former FBI agent Tony Stelly explains under what circumstances you can sue another person for your injury, and what damages you may recover.

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Federal Criminal Courts:

• Reduction in Term of Imprisonment for Crack Cocaine Convictions Are in Effect   
  Persons previously convicted of possession or distribution of crack cocaine are eleigible to have their federal sentences reduced effective November 1, 2011.
• Feds Join Locals: 11 Arrested In DC, Virginia, Maryland   
  The FBI announced last month the arrest of 11 people for drug trafficking in DC, Maryland and Virginia. Marijuana, cocaine, heroin and crack cocaine was seized.
• Federal Criminal Law Terminology: "Crime of Violence"   
  Enhanced punishments exist for offenses that have elements of "crimes of violence" under federal criminal law, and it is important to know what that involves.
• Federal Assault Statutes   
  Federal assault statutes carry serious punishments upon conviction. See what punishments are faced upon conviction of the more prevalent charges.
• Federal Conspiracy Laws   
  Get expert advice if you are charged with a violation of 18 USC 371, or other federal conspiracy statute.

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General:

• MedPay Coverage is Critical for Your Protection if You Are Injured in an Auto Accident   
  MedPay auto insurance coverage protects you. It is critical that you examine the amount of your MedPay coverage, and whether your auto policy prohibits stacking coverages.
• Internet Financial Scams on The Rise [PDF]   
  The Internet has become a dangerous place if you desire to insulate and protect yourself from identity theft and con games. In the current financial climate, scammers are trying to trick unwary consumers into turning over their money by hook and crook.

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