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Inevitably, I am asked a follow up question – “won’t I look guilty?”  When answering this question, I must qualify that, as a defense attorney, I must view every circumstance as if I were at trial defending the case.  The fact is if you do not provide the law enforcement evidence of guilt (such as admitting to drinking, submitting to field sobriety tests and doing poorly, or taking a breath test at the scene of arrest), it will make it easer to defend the case.  But keep in mind, other evidence can be used against you.  For instance, swerving, staggering, slurred speech, the smell of alcohol, etc.  can all be used by the prosecutor to argue that you were intoxicated (assuming such evidence supports intoxication)

One other thing to keep in mind – if you were arrested for DUI, generally, you are offered TWO types of breathalyzer exams.  The first is one at the scene, which is referred to as a “preliminary breath test.”  As discussed above, you cannot be compelled to submit to this exam.

The second one is offered after arrest at the police station.   Recently, law enforcement have switched to testing persons on a device called the EC/IR II.  It looks oddly like a computer from the 90’s.

When offered this test, you are not required to submit to the test.  HOWEVER, to compel people to take this exam, Virginia has what is called an Implied Consent Law.  This law stats that by merely driving on a Virginia highway, you have consented to have your blood or breath tested.  If  you refuse to take this exam at the station, you will likely be charged with “civil refusal” and, if convicted, you are prohibited from driving (for any reason) for an entire year.  A second charge of this is a criminal offense.

If you have a job that requires driving, you must keep in mind the civil refusal charge.  Often when individuals refuse, they are charged with both DUI and civil refusal.  When going to court, the prosecutor will often offer to drop the civil refusal if the person pleads guilty to DUI.  Though there is a mandatory driver’s license suspension with a DUI conviction, the person is usually allowed to obtain a restricted driver’s license to driver for limited purposes including work.   In many of my cases, the defendants were compelled to take a DUI conviction because they had to drive for work.

Clearly, you can avoid facing such difficult questions by abstaining 100% from alcohol when you may have to drive.

Too harsh?  Let us know your thoughts.

You can check out an article about the subject at:

http://www.politico.com/story/2013/05/ntsb-to-states-lower-blood-alcohol-limit-91340.html

We look forward to hearing from you!

James S. Abrenio

 In upholding the defendant’s conviction, the Court found that breathalyzer results can be used at trial WITHOUT witness testimony that the breathalyzer was properly calibrated.  In deciding the matter, the Court stated that the Virginia General Assembly had no intention to require such testimony.

For many criminal defense attorneys, the Fitzgerald decision came as a shock, particularly, with the 2009 United States Supreme Court of decision of Melendez-Diaz.  There, the Supreme Court held that a witness must be present to testify about administering a breath test to a defendant before any results of that test can be introduced at trial.  The reason being that a defendant has a right to confront and cross examines any witness against him.

Frankly, I believe Fitzgerald to be flat out wrong.  It presumes an intention from the General Assembly that is simply not there.  Nevertheless, it will be a case that all criminal defense attorneys will have to address when fighting DUIs at trial.

For more information, feel free to contact me.

James S. Abrenio

A majority of the fatal crashes in Virginia occured because passengers were not wearing seatbelts, or they were not properly restrained.  Another important thing for drivers to remember is their speed.  Last year, 13,066 drivers were traveling at speeds exceeding 55 MPH at the time of their car accident.  Of those 13,066 drivers, almost 32% were driving faster than 65 MPH (Department of Motor Vehicles).  

By wearing a seatbelt and by obeying posted speeding limits, you significantly minimize your chances of being involved in a car accident.  If you are hurt in an accident and you aren't able to settle your own case, don't hesitate to contact us and we will point you in the right direction!  

The first thing you need to do is make sure that your attorney is board certified, here are some tips on how to find out whether or not an attorney is board certified: 

Dont be pressured into hiring an attorney. Some attorneys will contact you with the sole purpose of soliciting your case. Make sure you make an educted decision in order to have the best attorney for your case. 

This is an outrageous practice, dont let "runners" take advantage of your vulnerable state.  If you have futher questions on your car accident claim download our free book or contact us. 

Jin and Soo Chung moved to the United States in the 1990s from South Korea to open a dry cleaning business.  They had high hopes of a better life for themselves and their children, and they hoped that their business would allow them to send their children to college to further their education.  

After many years of service, they had successfully opened three dry cleaning stores in the Washington, D.C. area.  One day their luck changed, however, when they misplaced a pair of pants belonging to Judge Roy Pearson.  Judge Pearson filed a claim against the Chung family.  After fighting for an extended period of time, the Chungs agreed to pay up to $12,000 and replace Judge Pearson's pants.  

Judge Pearson was not satisfied with the offer and decided to out the claim, insisting the Chungs pay $54 million.  This lawsuit caused the Chungs to lose thousands of dollars and to eventually close one of their stores because their loses were too significant to overcome.  The Chungs case is still alive in the District of Columbia court system.

This is an outrageous story where hardworking Americans were taken advantage of and exploited through the court system.  Make sure that you don't make the mistake of falling for an attorney who will take advantage of your claim so that they make an extra profit.  Check out The Truth About Lawyer Advertising so that you are aware of the common claims that attorneys make when marketing to new clients.  Make sure you do your research before hiring legal counsel.

While it is okay for your lawyer to possibly suggest a specialist to see for a major issue, you want to be wary if the attorney is sending all or most of his clients to a particular general practitioner.  This can spell the "kiss of death" for your case, since judges will look unfavorably on this kind of relationship.

The issue is that there have been dishonest lawyers and doctors in the past who have created monetary exchanges for this type of work, which is extremely unethical.

If you are concerned about this issue or any others regarding hiring your attorney, we have a free book you can download.

Check out the article in this weeks Virginia Lawyer's Weekly.  It is online at http://valawyersweekly.com/2013/04/02/guilty-plea-vacated-for-officers-lies/.

Find out what Ben Glass thinks about these topics by reading the March issue of the BenGlassLaw Newsletter.

As an added bonus, Ben is buying lunch for 10 ambititious people! You'll have to read the newsletter to find out how to get in on that dea!!! Go download the BenGlassLaw newsletter here.

If you have been contacted by the police due to a potential criminal charge, do yourself a favor – call an attorney.  You may think that by “lawyering up,” the police may view that as a sign of guilt.  And perhaps that is so.  But the demand for an attorney is a constitutionally protected right that cannot be used against you in court.

Maybe it’s uncomfortable or perhaps you’re worried about spending money.  But, in the long run, contacting an attorney may save you both emotionally and financially in the end.

For more questions, feel free to call me.

James S. Abrenio

At the age of 18, in the eyes of the law, youths become adults.  In the criminal justice system, that means that when individuals come into runs with the law, they are no longer going to be dealt with by a juvenile court judge, but rather by the adult courts.

Why is this important? For one thing, the focus of juvenile courts is rehabilitation.  That means that if someone gets in trouble, the judge dealing with the case will focus on what is in the best interest of that individual.  When it comes to adult court, the focus is either on the amount of time that individual must stay in jail or how much fine are they required to pay.

Also, while juvenile “adjudications” are somewhat protected from public record, adult “convictions” stay on your record – forever.  That means that conviction for public intoxication, possession of marijuana, petit theft, or assault will permanent stain an individuals’ record the moment he/she turns 18 years old.

For those of you who are almost 18 or just turned 18, be aware that you will simply not be able to get away with a lot of things you did before.  Actions you take can have long lasting affects that can close many doors.  Be careful and feel free to call me with any questions.

James S. Abrenio

If you’ve never hired a personal injury lawyer, you may have no idea what to ask. Here is a list of questions that can help you choose a qualified accident attorney:

1. What is your background?
2. Why did you become a lawyer?
3. Where did you attend law school?
4. Do you belong to any professional organizations?
5. How long have you been practicing law in Virginia? Have you practiced in other states?
6. What is your experience with Quantico car accident claims?
7. Have you handled any accidents similar to mine? Can you tell me about one of these?
8. Can I see case results?
9. How often do accident claims settle? Do you ever go to trial?
10. What your professional opinion of my case?
11. What kind of settlement should I expect?
12. How long do you think my Virginia accident case will last?
13. Do you think my case will go to trial?
14. Who will be working with me? Who do I call if I have questions?
15. How will I know if there are changes in my case?
16. Who will make decisions about my case?
17. How can I reach you?
18. How do you get paid? Do you charge a contingency fee or hourly rate? Are there other expenses?
19. If we don’t win, what do I have to pay?
20. Can you think of anything else I should ask?

Our Virginia accident toolkit can help you make informed decisions after a Quantico car crash. Use the link to request your free copy. To discuss your accident with attorney Ben Glass, call 540-999-5340.

Googling ‘Quantico injury attorney’ will get you hundreds of pages of results. Do you choose the first name you find? Do you choose at random? Not if you want a lawyer who will get results! Here are three steps to help you find a Virginia car accident lawyer in Stafford:

1. Collect the names of qualified lawyers. Ask friends and family for recommendations. You can also look at some of the websites that came up on your Google search. Take a look at the case results page to make sure that the attorney has handled cases similar to yours.
    
2. Schedule a meeting. Most Stafford accident attorneys offer a free initial consultation. This gives the attorney a chance to learn about your case, and it gives you an opportunity to learn about the lawyer. Ask questions about the attorney’s education, skills, experience, and fees. You can even ask for testimonials. If you don’t feel comfortable with a lawyer, cross him or her off your list. Don’t be afraid to let the lawyer know that you are shopping around.
    
3. Choose the attorney who’s right for you. After you’ve met with several Stafford accident lawyers, you will be ready to make a decision. If several attorneys seem to be qualified, consider how you felt with the attorney. You’ll be working together for several months. Choose someone that you feel you can trust.

Did you know that you might not even need an attorney? Learn how you can represent yourself after a Quantico car accident in Ben Glass’s Accident Victim's Guide to Settling Your Case. Follow the link to get your FREE copy.

If you do need a lawyer, Ben will be happy to discuss your case. Call Ben Glass at 540-999-5340.

James had a bit of a challenge at a former law firm a few years ago because he had a partner who developed mental illness and did some things that hurt a client.  The court who reviewed the matter later found that the rogue partner intentionally concealed what he did from Mr. Roswold. As usually happens in situations in any business when one rogue owner goes haywire, all of the business owners' names can get drawn into the muck, and, as lawyers, we are responsible for what goes on at our firm, even if it has been intentionally concealed from us by a rogue partner bent on self destruction. That happened with the regulatory authorities and it, unfortunately his partners conduct is reflected at some of the lawyer "rating" websites that rate James Roswold. (The Kansas Legal Ethics Department has, itself, come under fire recently.)

I would encourage anyone who has a question about James' integrity, work ethic, honesty, etc to contact me directly. The "scores" at the lawyer rating websites don't reflect his ability.  He’s a passionate, highly capable personal injury lawyer who simply had the past misfortune of a former partner who developed mental illness and hid it from him.

If you are looking for a good personal injury attorney in Kansas City you should review his website and download the free book that he offers. You will be glad you did.

 The local zoning inspector against her and now the case will take up space on the Supreme Court of Virginia docket.

 if you are interested, here is the ordinance:  (did you know there is a website for people who raise chickens in their backyard?)

Sec. 5-545. Fowl running at large. Fowl may be kept only in those areas zoned for agricultural use. It shall be unlawful for any person to allow any fowl to run at large on any street or any unenclosed lot or ground within the city. (Ord. No. 3072, 3-24-09) Sec. 34-72. Animals. Animals, fowl and/or pets shall not be permitted within the type 2 swimming pool. This section shall not apply to working dogs, such as seeing-eye dogs. (Ord. No. 2351, 10-17-95; Ord. No. 2995, 7-17-07) Sec. 5-537. Disposition of dead animals generally. (a) The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If after notice, any owner fails to do so, the bureau of animal control shall bury or cremate the companion animal and may recover costs as indicated below for this service. (b) When the owner of any other animal or fowl which has died knows of such death, such owner shall forthwith have the body cremated or buried. If the owner fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by a person or entity designated for that purpose. Such a person or entity shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried the actual cost of the cremation or burial and a reasonable fee to be recovered, free from all exemptions in favor of such owner. (c) The following fee, free of all exemptions in favor of such owner and payable to the city treasurer are authorized when such cremation services are provided by the bureau of animal control. The sum of twenty dollars ($20.00) for any small animal, such as a sheep, dog, cat or goat. (d) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. (Ord. No. 3072, 3-24-09)