Blog Posts in 2015
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Posted on Oct 21, 2024 By Law Office of Shawn M. Cline, PC
When police officer Harry Kephart Jr. was arrested for suspicion of prescription fraud and "doctor shopping," he had some insight as to how he might be penalized upon conviction. Knowing ...
Continue reading "Attorney Cline Secures Plea Bargain for Former Cop" »
Posted on Oct 16, 2024 By Law Office of Shawn M. Cline, PC
With the stroke of his pen, Governor McAuliffe has taken executive action to limit your rights as Virginians under the Second Amendment. Among other things, he has banned the open carry of firearms ...
Continue reading "Gun rights in Virginia under executive attack" »
Posted on Oct 6, 2024 By Law Office of Shawn M. Cline, PC
Recent events have placed the issue of gun control and gun rights in the center of public discourse. Powerful people and organizations are mounting an all out offensive to gradually chip away at your ...
Continue reading "Now is the Time to Restore Gun Rights" »
Posted on Jul 23, 2024 By Law Office of Shawn M. Cline, PC
Under Virginia Code § 18.2–270, "any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a ...
Continue reading "Can I Be Convicted of Felony Third Offense DUI in Virginia If I Was Previously Convicted in Another State?" »
Posted on Jul 20, 2024 By Law Office of Shawn M. Cline, PC
When a client meets with our firm, one of the first questions we usually get is, "What happens if I am convicted of a DUI?" While the ultimate goal is always to prevent conviction, we also ...
Continue reading "Will I Need an Ignition Interlock in My Vehicle If I Am Convicted of DUI?" »
Posted on Jun 24, 2024 By Law Office of Shawn M. Cline, PC
The answer depends on the code section for which you are ultimately convicted. Virginia law enforcement generally rely on the computerized database of a defendant's driving record when electing ...
Continue reading "Can I Avoid Jail Time for a Third Offense Driving on Suspended License in Virginia?" »
Posted on Jun 24, 2024 By Law Office of Shawn M. Cline, PC
The term "hate crime" has been in wide circulation lately due to recent national events. The Virginia criminal code does not include the term "hate crime", but the concept is ...
Continue reading "Virginia Hate Crimes" »
Posted on Jun 10, 2024 By Law Office of Shawn M. Cline, PC
The vast majority of DUI charges in Virginia involve suspected use of alcohol. However, it is possible to be charged with DUI based solely upon use of drugs (even prescription drugs), if such use ...
Continue reading "DUI for drugs in Virginia" »
Posted on Jun 8, 2024 By Law Office of Shawn M. Cline, PC
Virginia law enforcement officers frequently charge motorists with both DUI under Virginia Code §18.2-266 and reckless driving under Virginia Code §46.2-852. On its face, there doesn't ...
Continue reading "Can I Be Charged with Both DUI and Reckless Driving in Virginia?" »
Posted on May 13, 2024 By Law Office of Shawn M. Cline, PC
Hiring the best lawyer is a challenge. To find the best lawyer in Hampton Roads you need to do your homework. Talk to friends and family, and look online to find the best lawyer for your case. People ...
Continue reading "How to Hire the Best Lawyer" »
Posted on May 7, 2024 By Law Office of Shawn M. Cline, PC
Defendants may avoid federal mandatory minimums through the application of a safety valve pursuant to Rule #2 of the federal sentencing guidelines. There are five pre-requisites to applicability of ...
Continue reading "Can I Qualify for a Safety Valve in My Federal Case?" »
Posted on Apr 29, 2024 By Law Office of Shawn M. Cline, PC
Misguided and unwanted affection can often cause otherwise law abiding individuals to behave in ways that are completely out of character. In the worst of these cases, individuals can be charged with ...
Continue reading "Stalking Charge in Virginia" »
Posted on Apr 23, 2024 By Law Office of Shawn M. Cline, PC
It is all too common these days to listen to news commentators discussing the disparity between federal sentencing guidelines for crack cocaine and powder cocaine. For reasons beyond the scope of this ...
Continue reading "Federal Sentencing Guidelines Disparity in Crack Versus Powder Cocaine" »
Posted on Apr 14, 2024 By Law Office of Shawn M. Cline, PC
Accessory after the fact is rarely charged in Virginia. To be convicted of accessory after the fact, the Commonwealth must prove that the defendant had actual knowledge of the commission of a felony ...
Continue reading "What Is an Accessory after the Fact?" »
Posted on Apr 7, 2024 By Law Office of Shawn M. Cline, PC
Forgery and uttering in Virginia fall under the same statute, but they are not the same offense. Forgery is the making of a false writing which, if true, would be of some legal effect. Uttering is the ...
Continue reading "What Is the Difference between Forgery and Uttering in Virginia?" »
Posted on Apr 1, 2024 By Law Office of Shawn M. Cline, PC
The term "family member" is much broader than people realize when it comes to assault charges in Virginia. Many people find themselves facing charges of assaulting a family member for events ...
Continue reading "What Is a "Family Member" for an Assault Charge?" »
Posted on Mar 26, 2024 By Law Office of Shawn M. Cline, PC
Destruction of property in Virginia is not just a civil matter, to be resolved through lawsuits, but can also rise to the level of a criminal offense, depending upon the circumstances. Under Virginia ...
Continue reading "Destruction of Property Charges in Virginia Are Serious!" »
Posted on Mar 17, 2024 By Law Office of Shawn M. Cline, PC
The Second Amendment states, in part, that "the right of the people to keep and bear arms shall not be infringed." This text seems simple enough; yet these words form the basis of heated ...
Continue reading "Virginia Gun Rights Attorney" »
Posted on Mar 10, 2024 By Law Office of Shawn M. Cline, PC
Many people—and unfortunately many attorneys—consider a DUI to be a simple charge. To the uninitiated, it may appear that there is no way to beat a DUI. The defendant generally had been ...
Continue reading "DUI Law in Virginia and Melendez-Diaz" »
Posted on Mar 5, 2024 By Law Office of Shawn M. Cline, PC
Given the popularity of shows like "To Catch a Predator," many state and federal law enforcement agencies have stepped up efforts to catch individuals who may be using computer chat rooms ...
Continue reading "Internet Solicitation of a Minor" »
Posted on Feb 27, 2024 By Law Office of Shawn M. Cline, PC
Many people simply assume that because they are charged with a DUI, they will ultimately be convicted and that there is nothing to be done to fight the charge. For this reason, they often hire the ...
Continue reading "DUI Loopholes?" »
Posted on Feb 19, 2024 By Law Office of Shawn M. Cline, PC
There was a time when possession and distribution of child pornography was rarely prosecuted because child pornography was part of a secretive sub-culture that dealt in the mailing of actual images of ...
Continue reading "Child Pornography "To Catch a Predator" Stings" »
Posted on Feb 10, 2024 By Law Office of Shawn M. Cline, PC
Statutes of limitations are set periods of time following an alleged criminal act after which a criminal prosecution may not commence. In other words, once the statute of limitations has passed, you ...
Continue reading "What Is a Statute of Limitations?" »
Posted on Feb 3, 2024 By Law Office of Shawn M. Cline, PC
I get this question fairly regularly, for a couple of reasons. First, because I practice exclusively criminal defense in southeastern Virginia, a large percentage of my clients are military. Second, ...
Continue reading "Is It Better to Be Prosecuted in a Military Court or a Civilian Court?" »
Posted on Jan 28, 2024 By Law Office of Shawn M. Cline, PC
Driving on a suspended license is one of the most common misdemeanor traffic violations in Virginia. It is significant to note that driving on a suspended license is a Class 1 misdemeanor, which is ...
Continue reading "Driving on a Suspended License" »
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