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Direct Indictment

Ok, here’s how it works. You get pulled over. Sheriff finds a straw with what appears to be a white powdery residue substance on the inside of the straw. You get released with a warning for defective equipment for the tail light that was out and down the road you go. Three months later Sheriffs show up at your job with a warrant for your arrest. They sent the baggie off to the lab and it came back positive for Schedule 1 or 2 narcotic. The prosecutor showed the evidence to the grand jury and secured a DIRECT INDICTMENT. This make sense right? Right! You had residue from a narcotic in your vehicle, on your person. This is the proper, intended reason for Direct Indictments. Here is how Direct Indictments are abused:

You are charged with a total of 5 charges. Hit and Run, Reckless driving. Possession of schedule 1 or 2 narcotic, Driving on suspended and DWI. The prosecutor moves forward on the Possession of Schedule 1 or 2 drug and the DWI and decides to Noelle prosequi the driving on suspended and hit and run. You think “Great” those charges are dismissed. Wrong! Those charges are Nolle prosequi,. The Prosecutor can bring those charges as much as a year later… or more! You get convicted of the charges the prosecutor pursued. you think its over and BAM. You are arrested again! you think, “wait” those charges were dismissed! Nope. The were Noelle Prosequi. Now I am not a lawyer and I do not give legal advice but I do have a front row seat to the judicial system. Here is my advice.

  1. Don’t break the law
  2. If you do get a lawyer
  3. Understand that the prosecutor’s job is to prosecute you!
  4. Your Job is to defend yourself

If you can get a secured bond…Do so. www.bailbondsva.com

BEST REGARDS

BILL Weisband

Locked Up…Doing The Right Thing!

So you go out for a couple beers, run into a couple of old friends and a couple of beers turns into one of the best nights you’ve had in a long time. What started out as a 2 hour outing ended up as an 8 hour party! ”Last Call For Alcohol” What? You look at your phone and stare in disbelief at the time. 1:30AM, Wow, how did this happen? You and your buddies start saying goodbye, they call an Uber, You drove your car, and you need to get to work first thing in the morning so a cab or an Uber doesn’t work for you. You know better than to drive because you’ve had way to much to drink so you get in your car, lean the seat back, make yourself as comfortable as possible. Perfect plan right? Sleep it off, drive home at the crack of dawn, get ready for work and struggle through the work day as the penalty for partying. Some of you already know what happens next…knock knock knock on your window. It’s the local Sherrif‘s department. ”License and registration please“. You’re not worried because you are doing the right thing, you’re not driving you are sleeping it off right?

Here is the sad truth. Your keys are in the ignition, or in the console or anywhere where they are accessible. DUI…Yep DUI… I know Ive heard this story 100 times over the last 18 years. If you decide to “Do The Right Thing”, lock those keys in the trunk or throw them in the woods or stash them in a bush because if you can reach them or have access to them and you are over a .08 BAC…you are going to jail. By the way you can still get a DUI even if you are under .08 BAC 18.2-266 Click the link and read it for yourself! If it happens to you, call me and I’ll be there for you.

#1 Way to Get Arrested…

So if you were wondering, “What can I do to get arrested?” I have the perfect answer. Here it is: DISOBEY A POLICE COMMAND. That’s right. It’s just as simple as that. I see it happen all the time, An officer makes a traffic stop for what ever reason, it really doesn’t matter why he stopped you. He approaches the car, he asks for your drivers license and registration. Simple enough right? Intelligent right thinking people hand the documents over to the officer, hands on the wheel, radio off, a tone of calm controlled respect in their voice. Officer lets you know the reason for pulling you over, my last encounter was because I neglected to turn my bright lights off. I was south bound, the officer was northbound. It was Friday night at 11:45 PM. As we passed each other I neglected to dim my lights. He turned around and pulled me over. All I really had to do was comply. I wasn’t breaking the law. I had a valid drivers license, a proper registration, I was not drinking, smoking weed, I had no outstanding warrants and I wasn’t speeding. The officer asked me, “Do you know why I pulled you over?” I replied, “No I don’t”. Officer said, “It’s because you didn’t dim your lights to oncoming traffic.” “Have you had anything to drink tonight?” I replied, “no sir.” He said, “Ok Ill be back in just a moment”. I’m quite sure he ran my license to check for warrants, came back and handed my documents to me, warned me about being more careful with my brights and we were done. For the Officer, a fishing expedition. Trying to catch drivers DUI or wanted fugitives. For me? A slight inconvenience. Yes it’s pretty much common sense for most people.

Scenario #2 – Officer, ”Roll down your window please”. You, ”Man, why did you pull me over?” Officer, “I need you to roll down your window and I’m going to need to see your drivers license and registration”. You, “Man I ain’t showing you shit until you tell my why you pulled me over”. “This is bullshit! I’m tired of all this profiling, harassment bullshit”. At this time the officer wisely calls for back up. Officer, “Sir I am going to need you to step out of your vehicle”…Now from here it can go just as far as you would like to take it. If you do not exit your vehicle the Officers will assist you. Break your window pull you out of the car and cuff you. Why? Because, you were stupid enough to disobey a police command. Here is the tale of the tape: Resisting arrest, assault on a police officer and obstruction of justice… Just for starts. Let’s all do our best to not fall for the Number One Way To Get Arrested. Take some advice from Chris Rock. On how NOT to get your ass kicked by the cops!

How to Turn a Paper Cup into a Missile

So…what had happened was…you were driving down the road minding your own business when a car pulls up on your rear end that gives a new meaning to tailgating. Lights flashing, horn blowing and hand signals are giving you the impression that this person behind you is having an emergency. You would gladly move over into the right lane on this four lane highway but there is a car on your right, one in front of him and one behind him. The person behind you is yelling obscenities at you, you can’t hear them but you see them in your rear view mirror. They are out of control! Red Light! You stop for the red light! This seems to exacerbate the out of control driver having a conniption fit on your bumper, finally you can change lanes and let crazy lady go around you. Instead, the road raged driver follows you into the right lane and continues her erratic behavior! Is it possible that road rage is contagious, kind of like a yawn? Maybe so because your road rage button just got pushed! Looking in your rear view mirror you’re palms up sayin WTF is wrong with you lady? She passes you on the left but decides to shadow you,  parallel to your car still shouting vulgar insults with an intensity that makes you think she just might try to run you off the road. THATS IT! Had enough. You reach for the McDonalds cup in your cup holder and toss it out the window at her car. Your temper has flared! You have contracted the rage! Finally she speeds off and leaves you shaking and shaking your head. Wow that happened so fast!

Blue Lights: Yep, right in the rear view mirror.  “Drivers license and registration please.” “Did you have an altercation with a driver a little while ago?” “Why yes I did!” You tell the officer the whole story with emotional enhancement how she tailgated you yelling and screaming even tried to run you off the road. “Did you throw anything at her vehicle?” The officer asks.  You confess, “Well, I think I tossed a McDonalds coke at her when she was threatening to run me off the road.”

Game Over: You are under arrest! That’s right, any person unlawfully throwing any missile at a motor vehicle when occupied by one or more people is guilty of a Class 6 Felony! If the person throws the object maliciously its a Class 4 Felony. This is a very serious offense!

Check it out! 18.2-154 Shooting or throwing missiles!

Not worth it right! Absolutely Not! Keep your wits about you and don’t get arrested.

Think about this. The application of knowledge is wisdom

Those Are My Cigarettes Ms. Ratchet

So… let me get this straight. You haven’t worked since March. Nobody is hiring, desperation sets in and you are looking at the stack of bills on the table with your head in your hand. The phone rings. Your friend’s friend is on the line with what sounds like the best offer you’ve had all year. Drive a van down to North Carolina and simply buy cigarettes, 5 cartons at a time at as many convenience stores as possible. Work your way up through Virginia and bring them back to New York. You make a cool $500.00 every time you do it. Sounds easy enough right? Well congratulations, you just became a trafficker of contraband that has major organized crime implications.

Cigarettes in New York City sell for over $13 dollars a pack, not much of a riddle when you can buy them for $5.15 per pack in Virginia.  For Example:

Mohamed Seid Ahmed Mohamed of Chesterfield County pleaded guilty in federal court in September to conspiracy to commit wire fraud and to trafficking in contraband cigarettes worth almost $20 million over a 2½-year period. He faces up to five years in prison when sentenced. Mohamed used a cigarette shop and a restaurant as fronts in his operation, which authorities said cheated Virginia out of more than $1 million in sales tax.

However if you have more than 25 cartons but less than 200 cartons you could be guilty of a class 1 misdemeanor…Read More

§ 58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalties.

Any person who possesses, with intent to distribute, more than 5,000 (25 cartons) but fewer than 40,000 (200 cartons) tax-paid cigarettes is guilty of a Class 1 misdemeanor for a first offense and is guilty of a Class 6 felony for any second or subsequent offense.

Lots of good people get arrested trying to do the right thing in the wrong way. Trafficking  cigarettes is a good way to get on the bad side of the law. A real good way to get arrested!

Check Out How New York Does It!……

ttps://nypost.com/2020/02/09/nyc-store-allegedly-hid-bootleg-cigarettes-with-remote-control-shelf/?utm_source=url_sitebuttons&utm_medium=site%20buttons&utm_campaign=site%20buttons

What’s The Difference Between 17 & 18? Answer: About 8 Years

Oh yea, things are definitely different these days. Especially when it comes to looking at dirty pictures. It used to be like this: Drive to the seedy part of town, go in to the adult book store where you would have to peruse the sordid offerings and take your selections to the counter where a real live person would look you in the eye and say, “will that be all?” “well the magazines are for my uncle, the snickers bar is mine.” Yes, super creepy and embarrassing. Matter of fact it was the ideal deterrent for most people, heck you might even be seen by a neighbor or your pastor or worse one of your wife’s friends.

These days you simply have to turn on your cell phone and find an instant and broad menu of x rated options to feed your unhealthy porn addiction. Best part is, nobody knows… that’s what you think. If you run across pornographic pictures of people under the age of 18 and happen to  download them, then you my friend are in possession of child pornography. Send the picture to friend? Distribution of child pornography.  Here’s the deal, pornography is highly addictive for most people, like heroin, alcohol, gambling, eating etc. the eye is never satiated. Like any addiction it destroys families, reputations marriages, relationships,  careers and just about anything else in it’s path. Pictures and videos are not satisfying your flesh addiction anymore  so you need to talk to a real person: Enter the Chat room, here you engage with real people with all kinds of motivations. Ready to live out some of those pornographic fantasies you’ve been perving out to? Perfect because there is a girl you have been talking to who just informed you that her parents will be out of town this weekend and she has been looking forward to spending the night with you for months. Her screen name is Heidihoe14 but her real name is investigator Simpson from the Miami Pedophile undercover unit and he has some pretty exciting experiences in store for you. He is tracking your internet address and as soon as you agree to meet your victim his quick response team will be on it’s way to intercept you and place you under arrest for soliciting underage girls for sex. Penalties for soliciting minors on the internet are severe. The difference between sex with a 17 year old and an 18 year old is about 8 years in the slammer. Here is a suggestion, DON’T DO IT! Furthermore, if you have a propensity to look at pornography get some help.

Here is a little truth…with a huge payoff.                                                                                    Galatians: 5:19

The acts of the flesh are obvious: sexual immorality, impurity and debauchery;  idolatry and witchcraft; hatred, discord, jealousy, fits of rage, selfish ambition, dissensions, factions and envy; drunkenness, orgies, and the like. I warn you, as I did before, that those who live like this will not inherit the kingdom of God. But… the fruit of the Spirit is love, joy, peace, patience, kindness, goodness, faithfulness, gentleness and self-control. Against such things there is no law. (There is NO LAW)

To determine whether porn addiction treatment is necessary, you may be asked to consider which of the following statements are true for you:

  • I feel powerless to resist the urge to view porn.
  • I frequently spend more time or money on porn than I initially intended.
  • I have made many unsuccessful attempts to limit or stop viewing porn.
  • I spend a significant portion of time viewing porn, thinking about porn, or engaging in activities that will enable access to porn.
  • I neglect family, social, or work obligations to view porn.
  • I continue to use porn despite experiencing negative consequences.
  • I pass up opportunities, or consider passing up opportunities, to have more time to use or view porn.
  • I feel anxious, stressed, or irritable if I’m unable to access porn.

Get Help Now:

1-800-662-HELP (4357)

http://www.samhsa.gov/find-help/national-helpline

Birds of a Feather…

So if you’ve ever heard your parents say “choose your friends wisely” let me hear you say “YEAH”! Wow, that was loud. Yep, everybody knows the sayings of the wise. “If you lie down with dogs, you get up with fleas.” “Birds of a feather flock together.” “Play with S#*T and get your hands dirty.” There is no shortage of clever warning phrases to keep us out of trouble. Here’s an all too common story… Your friend’s older brother is picking you and your friend up to take you to the movies. Your friend is really nice and your parents are fine with it.  They tell you to “Be Safe” and off you go. Everything is fine, the movie was great, brother comes back to pick you up and you are on your way home. Suddenly, BLUE LIGHTS! your friends brother is getting pulled over. Officer approaches the vehicle and asks the driver for his license and registration, shines the light on you and your friend and asks you to step out of the vehicle. You are now officially freaked out. The officer dips in into the front seat of the car and comes out with a straw, not a long straw, just half a straw with what appears to be residue from some white powdery substance on the inside of the straw… OFFICER: “What is this?” BROTHER: “I don’t know.” OFFICER: “What are you using it for?” BROTHER: “It’s not mine. I’ve never seen it before.” OFFICER: “Is it yours?” The blinding light from his flashlight makes your head spin, and you assume that he is asking you if the half straw that he pulled out of the ashtray in your friend’s brother’s car is yours. You say “No”. Your friend says “No.” The Officer informs you that unless someone admits to the ownership of the half straw found in the ashtray of your friend’s brother’s car, he is going to place everyone under arrest. The Charge – Possession of Schedule 1 or 2 Narcotic. (Code of Virginia – Crimes and Offenses.) 

CLASS 5 FELONY

§ 18.2-250. Possession of controlled substances unlawful.

It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

 

FACT: This happens all the time. I play “meet the parents” when this happens and it is usually between 1:00 AM and 3:00 AM at a regional or county jail facility. I arrive armed with the power and credentials to post a secured bond along with contact numbers for resources to help the family get through the ordeal. I have a calling and compassion for people who get arrested, especially in the midst of unfortunate circumstances like these.

 

Mom & Dad Go To Jail

I know this sounds like the worst bedtime book in the world but believe it or not it happens…a lot. Here is how it goes.  Remember when you were young and your parents would get in a knock down drag out screaming match that would wake up the neighborhood? If that does not sound familiar it is pretty safe to say you were not raised at my house. There was never really any physical violence, just words that would slice through the heart and glares that would punch a hole in your head. Well back in those days if the town police dropped by to check on the conflict because of a complaint….local law enforcement would calm everyone down, send Dad next door to the neighbor’s house and send Mom to bed. These days the cookie crumbles just a little different. Law enforcement comes in and the first thing they do is separate the conflict participants. An officer takes Mom into one room, Dad goes out on the porch and the interrogation interviews proceed. The questions sound logical enough and the answers sound pretty normal as well. What seems to be the problem? “Well I work all day long and he drinks all day long” No harm no foul right? But remember, Dad is out on the porch. If any of you have ever had any experience with this type of police encounter you have already guessed what is going to happen next…Drunk in public, even on your own porch is a pretty common occurrence.  The Deputy is speaking with Dad about how much he has had to drink and how this whole thing got started. “Well she is always threatening me in front of the kids, she says she is going to knock me over the head with a frying pan and she threw a beer bottle at me and it’s a good thing I ducked cause it smashed her glass cabinet where she keeps all her collectibles” … you guessed right again, assault on a family member. Wait a minute, I thought you said he ducked? That’s right! Assault is just the threat of violence, battery is the actual physical part of domestic violence. So let’s review. Dad is going to jail for drunk in public. Mom is going to jail for assault on a family member. The kids can hopefully go to a neighbor’s house or a relative’s if the officers are empathetic enough to allow it. The alternative is emergency foster care as well as the unexpected interruption of  family life. Mom won’t be able to have contact with Dad for 72 hours because of the mandatory protective order. She will however have to appear in court for arraignment and again for trial. Remember why Mom was mad in the first place? She works, he drinks. Good chance she may lose some pay over this, maybe even her job…and another thing, Mom can no longer own a firearm, purchase a firearm or use a firearm…ever. The Domestic Violence Offender Gun Ban is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The Act is often referred to as “the Lautenberg Amendment” after its sponsor, Senator Frank Lautenberg (D – NJ). So what did we learn? Things are different today than they were a few years ago. There are 101 ways to get arrested…try not to make this common occurrence one of them.

 

 

 

Home For The Holidays…

The Christmas season is in full swing.  Every radio station is playing our favorite Christmas songs.  The malls are packed, our neighborhoods are decorated with wonderful light displays and nativity scenes.  But something is missing.  Yes, something IS missing.  It’s the loved one who is incarcerated at the Rappahannock Regional Jail, or some other fine Virginia institution that houses inmates who are being held prior to trial.  Hopefully, they have a reasonable bond that loving family members could post if they choose to do so.  There is usually a good reason why they haven’t chosen to post the bond so far.  That’s right.  You got it.  It’s usually heroin.  Mom and Dad love you, Grandpa and Grandma miss you, but they want to give you enough time to get clean.  They’d rather have you in jail where you are safe than in the cemetery where you are dead.  But as the day that we celebrate the birth of Jesus gets closer and closer, many of my clients add bail bond to their Christmas list.  Without fail, I will be at the jail Christmas Eve and Christmas Morning making sure that your loved ones are home for the holidays.  God bless you, and Merry Christmas!