Paullin Law Blog

Your Rights When Speaking with Police

Thursday, September 13, 2012

Do not give up your Fifth Amendment Right

No one has to speak with a law enforcement officer at any time and you should never speak with an officer if you are suspected of a crime. Police do not have to read your Miranda rights unless you are in custody and you are being asked questions. If you voluntarily speak with the police, and you are free to leave their presence at any time, you are not in custody and not protected by Miranda.

The Right to Remain Silent

It is far better to remain silent than to give a statement that is not truthful. An untruthful statement can be a crime in itself and result in a prosecution.

If You Need a Lawyer

If you are considered a suspect, or you have been arrested or charged with a crime such as assault, larceny, burglary, robbery, or drug possession, contact The Paullin Law Firm as soon as possible. We will tell you your rights and how to deal with police and court officials.
 

 

Parents Can Be Arrested for Allowing Underage Drinking in their Homes

Tuesday, January 10, 2012

Some parents take the approach that they’d rather their teenagers drink in the house where kids are not driving and in a more controlled environment.  The problem is that parents hosting such parties can be charged criminally.  In Virginia, any adult who provides alcohol to an unsupervised minor can be charged with a class one misdemeanor, punishable by up to one year in jail.  To make matters worse, depending on the number of underage guests, a parent can be charged with numerous counts of the same crime.  This means that parents can receive a jail sentence exceeding one year.  For example, a parent in Charlottesville received a 27 month jail sentence for serving alcohol at a party for her 16 year old child.  According to the mom, she thought she was "protecting the kids by taking their car keys for the night."

Underage Drinking in the Richmond Area

Parents should be aware that law enforcement in counties surrounding Richmond sometimes target these parties.  According to the Richmond Times Dispatch, when police raided a West End Henrico home, the mother of the teen-host served 15 days jail time. 

Interestingly, Virginia is one of the states where it is permissible to serve alcohol to your own children as well as other children who are accompanied by a parent or guardian.  Va. Code Sec. 4.1-200.

Attorney Terry Gryder educates students about the consequences of drug possession

Friday, October 21, 2011

In the summer of 2000, a team of four students from Chesterfield County high schools attended a leadership conference with Virginia's Youth Alcohol and Drug Abuse Prevention Project. After learning of the risks and severe consequences associated with drug and alcohol abuse, those students decided to take matters into their own hands and educate their peers about what they had learned. They developed a program that enlists school and county officials to enact a real-life drama and educate middle school students about the consequences of drug possession on school property.

Sponsored by Chesterfield Youth Planning and Development, "Student vs. Marijuana" is a live presentation that takes place annually at middle schools throughout Chesterfield County. Seventh-grade students watch the dramatization of a student caught carrying marijuana at school. The student goes on to face both school and legal consequences, including expulsion, a drug possession charge, a suspended driver's license, and juvenile detention followed by a probation period.

Terry Gryder is serving as the student's defense attorney in this year's "Student vs. Marijuana" presentations. During the program, her role is to defend the student (who pleads not guilty) during a trial in the 12th District Juvenile and Domestic Relations Court.  The cast also includes representatives from the Police and Sheriff's Departments, the Juvenile Probation Department, the Commonwealth Attorney's office, the 12th District Juvenile and Domestic Relations Court, and officials from each participating school, all of whom perform their real-life roles. Attorney Gryder and the other professionals who have volunteered their time have done so with the hope that students will leave the presentation with a greater understanding of the serious consequences of drug or alcohol possession.

 

The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Defamation 101: Libel and Slander

Friday, July 29, 2011
Libel and slander are collectively known as defamation, or misrepresentation intended to harm the reputation of another person or entity. If a defamatory statement is written and seen, it falls under the category of libel. If the statement is spoken and heard (but not published in print), it is considered slander. As the recent explosion of channels for social media and online communication has opened new venues for the publication of libelous or slanderous statements, it is important to know the difference between the two, and to understand the components of a defamation lawsuit. In order to sue an individual or entity for libel or slander, a plaintiff must prove the following four claims to a court:

1. First, the plaintiff must prove that the defendant communicated a defamatory statement. Any message that results in an unwarranted loss of respect or confidence in the plaintiff is considered defamatory, as is any statement that causes derogatory, hostile or unfavorable opinions of the plaintiff. Based on these definitions, even a comment made in jest can be considered defamation if at least one person perceived it as serious.

2. Second, the plaintiff must show that the statement was published. According to defamation law, “publication” simply refers to the communication of a statement to someone other than the plaintiff. A defamatory statement does not have to be printed or broadcast by official media sources to be considered slander or libel; it can be spoken in conversation to an individual or group, or written in a personal email or letter.

3. Third, the plaintiff must prove that he or she was the subject of the statement, and that another party could identify him or her as such based on the information published. Some defamatory remarks identify their subjects by name, although those that omit names and identify individuals based on other information (such as position, title, personal attributes) are considered libel or slander as well as long as the plaintiff can show that others identified him or her as the subject.

4. Finally, the plaintiff must prove that the remarks made by the defendant were detrimental to his or her reputation. Any statement that accuses the plaintiff of committing a crime, of being professionally incompetent, or of “having a loathsome disease” is slanderous or libelous by nature; any other statement leaves the plaintiff with a burden to prove that the defendant’s words damaged his or her reputation.

Defenses to accusations of libel and slander include proof that the original statement was in fact true at the time of its publication; proof that the plaintiff consented to the publication of the information; and proof that the statement’s publication was purely accidental. Statements made by lawyers, witnesses, jurors or judges in the course of litigation are generally privileged (protected) from defamation suits, as they are made to serve justice and public policy. For more information on libel or slander or to request representation, contact the attorneys at Paullin Law Firm at (804) 423-7423.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

New Virginia laws take effect July 1

Monday, June 27, 2011
Nearly 900 bills passed in the Virginia General Assembly during this year's winter session, and most of them take effect this Friday. The new laws address a range of topics from foreign adoptions to Chinese drywall, but the measures that will affect the greatest number of Virginia citizens may be those related to Alcoholic Beverage Control.

Starting Friday, Virginia law will require harsher penalties for violators of ABC regulations. Teens who drink and drive, for example, will face higher fines and lose their driver's license for a full year. Under the "old" law, an underage driver with a blood alcohol concentration (BAC) of 0.02 percent or higher would lose his or her license for six months and face fines of a maximum of $500. As of July 1, anyone under the age of 21 found driving with a BAC of 0.02 percent or higher will lose his or her license for a year and face either a minimum $500 fine or 50 hours of community service.

The changes also address Virginians over the age of 21 who facilitate underage drinking. As of July 1, the law states that "anyone who purchases alcoholic beverages for or otherwise helps someone they know or have reason to believe is younger than 21 obtain or consume alcohol is guilty of a Class 1 misdemeanor," punishable by up to 12 months in jail and a $2,500 fine. The current law does not address facilitating consumption or include "reason to believe" that an individual is underage.

For more information about DUI or alcohol and traffic-related offenses, or to request representation, contact the attorneys at Paullin Law Firm at (804) 423-7423.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Do I need to hire a criminal defense attorney?

Tuesday, April 26, 2011

Criminal offenses constitute a broad division of the law, and can include everything from computer crimes to environmental violations or texting and driving. If you’re not sure whether your case constitutes a criminal offense, consult the list below and contact the experienced criminal defense attorneys at Paullin Law Firm. Call us today at (804) 423-7423 for a consultation, and let us work to defend you.

 

• Abuse
• Accessory, Conspiracy, Aiding or Abetting a Crime
• Appeals
• Automotive / Motor Vehicle Offenses
• Capital Crimes / Capital Cases
• Computer Crimes
• Criminal Records
• Driving Under the Influence (DUI) / Driving While Intoxicated (DWI)
• Drug-Related Crimes
• Environmental Violations
• False Identification
• Felonies
• Firearms and Weapons
• Fraud and Other Financial Crimes
• Grand Jury Proceedings
• Juvenile Crime
• LGBT Rights Violations
• Military Crimes (UCMJ)
• Misdemeanors
• Parole
• Perjury
• Plea Negotiation
• Probation
• Property Crimes
• Search and Seizure
• Sex Crimes
• Traffic Violations
• Truancy
• Victim’s Rights
• Violent Crimes

The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Property conversion: Know your rights

Thursday, January 13, 2011

Conversion Law

Conversion occurs when one individual asserts a claim (or dominion and control) over the property of another without justification or excuse. If a person retains possession of property after someone else has demanded its return, their refusal to cooperate constitutes conversion of the property in question. Regardless of the converter's intent to use, damage, or simply withhold the converted property, he has violated the rights of the property owner.

Bonding Off Tractor Trailer

The driver of a tractor-trailer, for example, has been granted custody of his or her cargo by a shipper. If the tractor-trailer is towed from the highway, the tower may have a lien on the vehicle for the value of his services. In other words, the tower has a certain right to retain the shipper's property until the debt for his services is paid. However, some towers refuse to release cargo even when they have no right to do so. If a tower continues to withhold cargo after the rightful owner has demanded its return, he has wrongfully converted the cargo.

Cargo conversion is a form of theft

The experts at Paullin Law Firm know your rights -- if you have experienced property conversion, let us recover what is rightfully yours. Contact our attorneys at (804) 423-7423 for personal, practical, and aggressive representation.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.