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Two Kinds of Credit Card Theft in Virginia

In Scott v. Commonwealth, the Supreme Court of Virginia recently clarified that there are two types of credit card theft prohibited by Virginia Code Section 18.2.-192(1)(a). The code reads: (1) A person is guilty of credit card or credit card number theft when: (a) He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or theRead More …


Pipe with Residue Insufficient to Support Possession with Intent to Distribute Charge

The Court of Appeals of Virginia recently reiterated that possession of drug paraphernalia (in this case a pipe) with the residue of drugs on it is insufficient by itself to support a conviction for possession with intent to distribute. The result is unsurprising, but serves as a reminder of the importance of having a skilled attorney on your side. In the unpublished opinion of Kincaid v. Commonwealth of Virginia, 1623-15-3, the Court of Appeals considered Mr. Kincaid’s challenge to the legal sufficiency of his conviction for possession of methamphetamine with intent to distribute. At trial, the only evidence of methamphetamine introduced was the residue recovered from a glass pipe. The glass pipeRead More …


Criminal Process: the Initial Appearance and Arraignment

A criminal charge in Virginia can occur with little advance warning, which means you, as the defendant, are often unprepared and uneducated regarding what is going to happen next. The process can seem as intimidating as the charge.  Complicating matters, the process differs in each jurisdiction; so the information that your friend is telling you based on experience in Fairfax County will be different than your experience in Arlington County or Alexandria City.  Nonetheless, here is a brief overview of the initial process in many Virginia state courts. Once you are arrested and booked at the police station, you will be taken in front of a local magistrate “without unnecessaryRead More …