Marijuana Possession

Possession of less than half an ounce of marijuana is called simple possession or possession for personal use. But if you are convicted of knowingly or intentionally possessing marijuana, it is a Class 1 misdemeanor. First offenses are punishable by imprisonment for up to 30 days and/or a fine of up to $500. Subsequent offenses may be punishable by a term of up to 12 months and/or a fine of up to $2500.

Sale and Distribution

Being arrested with a large quantity of marijuana is not automatically ‘intent to distribute’ in the state of Virginia. The burden of proof is still on the state. However, the severity of punishment for conviction varies based on how much marijuana was present.

For a quantity more than half an ounce and less than 5 lbs, this qualifies as a Class 5 felony, punishable by 1-10 years of jail time. There is some leeway for first offenders. A judge may, at his or her discretion, sentence an offender to a jail term of not more than 12 months and a fine not to exceed $2500.

Distributing more than 5 lbs, but less than 100 kg is punishable by 5-30 years in prison, and a conviction with more than 100 kg of marijuana is a mandatory 20 year minimum sentence

Marijuana and other drug arrests may have very serious consequences on a person’s long-term goals. At the very least all drug convictions require a 6 month suspension of driver’s license. For these reasons alone it is worth talking to a qualified marijuana and drug attorney with extensive experience in the Fairfax court system. Call our offices today for a free consultation:  (703) 934-0101.

This is a very good thing to know because it underline the difference between commonplace usage and legal usage of terms.

In commonplace language, DUI and DWI mean pretty much the same thing: Driving or operating machinery under the influence of some substance that impairs your abilities, usually alcohol. It’s a very loose designation.

Legally, DUI stands for “Driving Under the Influence” and DWI stands for “Driving While Intoxicated.” You might even occasionally see the acronym DUID, or “Driving Under the Influence of Drugs.”

Virginia law, under section 18.2-266, generally writes the charges on the official paperwork as DWI. But many people in the legal system say DUI, just because it rolls off the tongue more easily.

18.2-266 is a fairly broad statute. It prohibits operating a motor vehicle — any kind of motor, even a forklift, if you’re under the influence of drugs, alcohol, or any kind of substance that alters your abilities, like cold medication. Even a prescription medication can cause a DUI.

So whether you’ve been charged with a DUI or a DWI, it’s pretty much the same offense because it’s breaking a specific law. Regardless of the circumstances, however, you should have an experienced DUI/DWI attorney go over your case for you. I have seen many cases where the defendant received penalties that could easily have been avoided with experienced legal counsel.

To discuss your specific case, call us at for a free consultation at (703) 934-0101

An example might be a person who is taking care of a trust for underaged children and takes some of it for their own purposes, or a bank teller who handles customer’s money as a part of their job, but also steals from the till.

Penalties for Embezzlement in Virginia

The penalties for embezzlement differ depending on just how much money or property was taken.

Value up to $200 (excluding firearms): If convicted, the defendant faces up to a $2500 fine and/or up to a year in jail.

Value exceeding $200 and firearms regardless of value: The judge has a certain amount of discretion and may allow crimes in this category to be charged as misdemeanors (as above) or may give the defendant a heavier penalty of 1-20 years in prison.

As you can imagine it is extremely important to have an experienced criminal defence lawyer to handle your case for you if you involved in any embezzlement crime.

If you are facing this situation, Faraji Rosenthall offers free consultations to discuss the matter. Simply call (703) 934-0101 where we will happily discuss your case, either face to face or over the phone. We have three offices to serve you in Fairfax, Manassas and Alexandria VA.

Shoplifting is a very common crime in Virginia. Unfortunately, many people are not aware of the consequences of being convicted of shoplifting.

There are two main types of shoplifting: misdemeanor larceny (also known as petit larceny) and felony grand larceny. The benchmark for felony grand larceny is very low; it is any theft valuing $200 or more. Thus, if you are caught shoplifting, you could easily be facing felony charges.

Shoplifting is not considered a violent crime, but it is considered a “sign of moral turpitude”, and a shoplifting conviction can have serious consequences. Not only can it never be expunged, it will affect future employment (in any job requiring security clearance) and will reflect poorly on your credibility in custody disputes, for instance, or when giving testimony.

Even if it is your first offense, the consequences can be enormous. That is why it is very important to have an attorney experienced in handling these types of cases. They will know every avenue of defense and work very hard at getting you off. Even if the evidence against you seems overwhelming, make sure to fight it. There may be avenues of defense you do not see. Don’t let one mistake ruin the rest of your life

If you are facing this situation, Faraji Rosenthall offers free consultations to discuss the matter. Simply call (703) 934-0101 where we will happily discuss your case, either face to face or over the phone. We have three offices to serve you in Fairfax, Manassas and Alexandria VA.

A simple charge of shoplifting is far from being a slam-dunk case for the prosecutor if the accused is ably defended. Before being granted a conviction, the prosecutor must prove beyond reasonable doubt that the accused took the property without the owner’s consent, and that the defendant actually carried out the the crime of which he or she was accused– not an altogether easy thing to do.

Definition Of Shoplifting

The definition of shoplifting, in addition to the obvious act of acquiring merchandise without paying for it, can include altering price tags on merchandise, disarming alarm tags, transferring merchandise to a different container, charging merchandise to unaware or fictitious people, or passing along tips on how to shoplift to someone else. If the goods in question have a total value of less than $200 dollars, you can be charged with petit larceny. If the value exceeds $200 dollars, that becomes grand larceny, often classified as a felony.

Furthermore, merchants can recover a civil judgment against anyone who shoplifts from them, ranging from a minimum of $50 dollars to twice the unpaid retail value of the merchandise. A merchant could demand such repayment in exchange for refraining from pursuing criminal action.

Charged With Shoplifting?

As you can see, many aspects of the case can affect the proceedings and the potential penalties. If you are facing this situation, Faraji Rosenthall offers free consultations to discuss the matter. Simply call (703) 934-0101 where we will happily discuss your case, either face to face or over the phone. We have three offices to serve you in Fairfax, Manassas and Alexandria VA.

Not All Domestic Violence Is Reported

It is, however, important to note that a large number of domestic violence is never reported to the police, and hence cannot be included in these statistics. In particular, sexual domestic violence is rarely brought to the attention of authorities. A recent national study suggests that 41% of nonfatal violent incidents between family members and 45% of nonfatal violent incidences between boyfriends or girlfriends did not get reported to the police.

Domestic Violence in Virginia

In Virginia, from 2006-2010, of the reported domestic violence incidences domestic violence victims were half of all simple assault victims, 40% of kidnapping or abduction victims, and 3 out of 10 sexual assault victims.

Victims of domestic violence are considerably more varied than that of popular opinion. Although 7 out of 10 victims were women, during the time period of the study, the number of male victims increased by 17%, and domestic violence against the elderly increased more than for any other age group.

Perhaps most chilling, 76% of all victims of domestic sexual assault were under the age of 18. Recall that sexual domestic violence is the most underreported crime in this category.

Domestic violence is a blight upon society because it is a crime from family against family, loved one against loved one.

Victims of domestic violence have the option of seeking civil redress in addition to the criminal charges the prosecutor may choose to lay. If you are the victim of Domestic Violence or have been charged with Domestic Violence, call the Law Offices of Faraji Rosenthall (703) 934-0101.

Conviction of a Virginia DWI offense can do more than affect your driving record — it can affect your future. It’s important to mount an effective defense in these cases because of the deleterious effect a conviction may have on your life.

There are many ways to argue or overturn a charge of DWI in Virginia. Here’s a small selection:

You may have been pulled over illegally: It is not illegal to weave within a lane of traffic — as long as you do not cross over the lines, you cannot be pulled over for that reason. In addition, there may have been inclement weather, high winds, or low visibility which might explain oddities in driving patterns.

Inaccuracy Of Virginia DWI Sobriety Tests:

Not only are many common field sobriety tests considered invalid by the National Highway Transportation Safety Administration, breathalysers are themselves unreliable, and subject to well-documented inaccuracies. Field sobriety tests are often inaccurate, and are totally invalidated if the subject is overweight, elderly, or has a medical condition. Finally, even blood tests are routinely mishandled, failing to follow set guidelines for testing, analysis and preservation.

Mistakes By The Officers:

Officers may not make misleading statements in order to secure a breathalyzer or blood test. They may not search a vehicle without probable cause. You cannot be suspended for drunk driving if you have not been on a public highway. In addition, a breathalyser test must be performed by an individual trained and licensed to run the equipment. The evidence is inadmissible if the operator’s license is out of date.

We will examine these and many more avenues of defense if you retain us as your counsel. To discuss your specific case, call us at for a free consultation at (703) 934-0101

Fairfax VA DUI charges are serious, as they can result in significant penalties upon conviction. Between losing your driver’s license and having to serve jail time to potentially losing your job and damaging your reputation, Virginia DUI convictions can have incredibly severe consequences that can damage your life for years to come. However, it is important to note that being charged with driving under the influence (DUI) of alcohol or drugs does not necessarily mean that you will be convicted. A skilled Fairfax VA DUI defense attorney can be key to helping you get the charges against you dismissed or reduced.

Fairfax VA DUI / DWI Charges

Virginia DWI and DUI charges are some of the most complex cases in the criminal justice system. Even relative to complex Virginia reckless driving cases, DWI defense is an extraordinarily specialized practice. DWIs are the most frequently litigated and changing part of criminal law. A frequently cited example of the complexity DWI law is that Virginia DWI statute is comprised of over 20 separate statutes, taking up over 50 pages. By comparison homicide has only 8 statutes and substantially fewer pages.

Penalties For Fairfax VA DUI / DWI

There are a number of factors that can alter the punishment for a person convicted of a Fairfax Virginia DUI / DWI. Judges will often consider the person’s prior driving record, whether there was an accident, plus other considerations in each case. However, there are minimum punishments which often apply. The minimum punishment for a Fairfax Virginia DUI / DWI depends on how high their BAC is and whether the person has prior DUI / DWIs.

To learn more about Virginia DUI / DWI laws, visit our Fairfax Virginia DUI / DWI FAQ page.

DUI / DWI Charges

Regardless of the types of Fairfax VA DUI charges that you may be facing, our prominent DUI  lawyers will be able to help you defend your rights. Among the types of DUI charges that we are skilled at defending include (but are not limited to):

• First-time DUI charges
• Multiple DUI charges
• Underage DUIs
• DUIs and drugs charges
• Commercial driver’s license DUIs
• DUIs and manslaughter charges
• DUIs and criminal charges

Your DUI / DWI case is unique and many factors contribute to the outcome. The broader the experience of your Fairfax DUI Attorney, the better equipped they will be to effectively advise and represent you. At the Rosenthall Law Office, we have the experience to analyze the factors involved in your case and give you sound legal advice. To discuss your case, and how we will develop your defense, please contact us today for a free initial consultation, as well as expert Virginia legal advice regarding how to proceed with your Fairfax DUI / DWI case, call the accomplished Fairfax Virginia DUI Defense Lawyers at: (703) 934-0101

What Are The Penalties For A Virginia DUI / DWI?

When it comes to a DUI charge in the Commonwealth of Virginia there many factors that can change the punishment for a person convicted of a Virginia DUI / DWI. Virginia drunk driving laws use a tiered system of penalties, with heftier fines and longer license suspensions and jail time for repeat offenders. Whether or not a serious or fatal accident was involved can also significantly influence the penalties for a DUI / DWI conviction.

In Virginia, judges will often consider the accused’s prior driving record, whether there was an accident, plus other considerations in each case. However, there are minimum punishments which often apply. The minimum punishment for a Virginia DUI depends on how high their Blood Alcohol Content (BAC) is and whether the person has prior DUIs. A Virginia DUI arrest or conviction may also result in time away from work, or even job loss. A conviction on your record can also make it more difficult to obtain future employment so treat a DUI arrest seriously.

Virginia DUI / DWI 1st, BAC .14 or below

In these cases, there is no required active jail time. It is not unusual to get all suspended jail time, a fine of about $300 and a 12 month loss of license. Individuals in this category will often be allowed to get a Restricted license to drive to work and for other essential travel, but not for any social purposes.

Virginia DUI / DWI 1st, BAC .15-.20

Defendants convicted of their 1st DWI with a BAC between .15-20 face a mandatory 5 days in jail. Additionally, there is likely to be additional suspended jail time, a fine, and a 12 month loss of license. A restricted license may be granted, but typically the defendant will be required to be approved by the ASAP program. The DMV will also require an ignition interlock.

Virginia DUI / DWI 1st, BAC above .20

Defendants in this category face a mandatory 10 days in jail. They will also face a fine and a 12 month loss of license. Completion of the ASAP program is also required. If a restricted license is granted, the DMV will require the defendant’s vehicle be equipped with ignition interlock.

Virginia DUI / DWI, 2nd in 10 years BAC below .15

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense. They will also face a mandatory $500 fine. A conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .15-.20

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 20 days.  Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .21 or higher

Mandatory 10 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 5 years, BAC below .15

Mandatory 20 days in jail based upon it being their second offense. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .15-.20

Mandatory 20 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .21 or higher

Defendants in this category face a mandatory 20 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 40 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 3rd or Subsequent

Any individual convicted of 3 or more DWIs in 10 years or less faces a felony conviction. Even relative to misdemeanor punishments, these cases have factors that cause tremendous differences in the outcome of the case. A DWI 3rd in 10 years faces a minimum of 90 days in jail. A DWI 3rd in 5 years faces a minimum of 6 months in jail. A 4th DWI faces a minimum of one year in jail.

Every case is unique and has a number of factors that may impact the outcome of the case. The Virginia DUI Lawyers at The Law Firm of Faraji Rosenthall understand the true cost of a Virginia DUI conviction can have very little to do with the punishment handed down by a judge. Typically, a first-time offender could face several days in jail, $1,000 in fines and court costs, community service, alcohol assessment classes, and license suspension.

Contact Us To Schedule Your FREE Virginia DUI Consultation

All individuals convicted of a DWI in Virginia are required by law to participate in VASAP.

How VASAP Works

Individuals convicted of DWI are assigned to a VASAP counselor, regardless of whether they received a jail time sentence or merely a suspended license. The counselor will evaluate the individual in order to design a program for him/her. The VASAP counselor  will discuss your at-risk behaviors, your previous record, as well as a number of other factors that impact your risk status. The counsellor will then create a program of treatment, which you are required to comply with fully. The penalty for not complying can result in jail time.

Types of VASAP Programs

VASAP offers a wide range of programs in order to tailor their approach to each individual’s specific situations.

Most basic is the Education Program, a 20-hour program during which participants are expected to maintain sobriety. The Intensive Education program is likewise 20 hours, but is geared towards individuals at increased risk for addiction. VASAP also offers treatment programs for addicted individuals at state-approved facilities.

VASAP offers a Young Offenders Program as well as many programs for Habitual Offenders. The focus of all the programs is to educate, raise self-awareness and -esteem and reduce recidivism.