Punitive Damages

In Virginia, punitive damages are damages above special damages or in layperson’s terms over and above the damages that are clearly identifiable on your medical bills. Punitive damages are above and beyond the regular damages such as medical bills, lost wages, pain and suffering and, property damages. When we think of punitive damages, these are the damages that are allocated to an injured party when hear the circumstance of the injury and are shocked by the audacity. Penalty damage would be another way to refer to punitive damages. If you have been in an accident where someone was "road rageing" or drunk when they caused the accident you should call a punitive damages attorney.

Virginia Law

In Virginia, punitive damages are typically available in three sets of circumstances:

“The court has examined the cases in which the Supreme Court has found sufficient evidence of willful and wanton conduct in the operation of a motor vehicle to support submission of the issue of punitive damages to the jury. All of the cases in which the Supreme Court found a sufficient factual basis for a finding of willful and wanton conduct involving operation of a motor vehicle, involved one of three scenarios: (1) excessive use of alcohol plus very dangerous driving maneuvers; (2) acts supporting a finding that the injuries were intentionally caused or (3) the defendant creating an extremely hazardous condition contrary to specialized training.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018)

Punitive Damages for Drunk Driving Car Accident

Drunk Driving Accident

Drunk Driving Accident

Usually, punitive damages are generated when a tortfeasor has done something that is illegal in the commission of their tort. For example, in a car accident, this is often when a drunk driver causes an accident severely injuring a client. I have represented clients for drunk driving accidents. One of my clients, was sitting at a stop light when a drunk driver slammed into her going over 35 miles per hour. The impact caused my client severe injuries. My client was forced to go to medical treatment for several months just to be able to go to work again. Needless to say, the damages were substantial. Punitive damages were applicable because the party at-fault for the injuries was committing the crime of driving while intoxicated at the time of the accident. The at-fault party later pleaded guilty to § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

Punitive Damages for "Road Rage" Car Accident

Punitive Damages Attorney

Punitive Damages Attorney

The standard for punitive damages varies. Another one of my clients was injured in a road rage accident. The at-fault party that rearended my client was swerving at my client, flicking my client the middle finger, and generally harassing my client. Fortunately, my client got this on video otherwise we would have had a difficult time proving the road rage part of the case. Road rage is a crime and amounts to aggressive driving. The at-fault driver was guilty of Virginia Criminal offense § 46.2-868.1. Aggressive driving; penalties. The Virginia code specifically references “(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.”

Policy Limits for Punitive Damages

Road rage accident Lawyer

Road rage accident Lawyer

I had an additional client that initially did not report his auto accident road rage case as a road rage case to the authorities. Initially, he came to my office wanting to pursue a medical negligence case. I always provide clients or potential clients with a free consultation. While listening to my client, I realized that I could quickly help him obtain the full Uninsured Motorist Policy limits for him from his own insurance policy limits.

His circumstances where unfortunate, a road rage perpetrator was cursing at him on the road and followed him almost to his house. When he was at a stop light the road rage perpetrator rearended my client slightly. My client was forced to stop and provide the perpetrator with his information, because that is the law if you are in an auto accident. Upon exiting his vehicle and attempting to do so, my client was severely beaten up, even suffering a brain bleed. Because it was initially reported as an assault and battery and, not an auto accident injury the insurance company did a brief fact finding investigation including an examination under oath. After my clients deposition detailing the event, we were able to secure the full insurance policy limits for my client. § 18.2-57. Assault and battery; penalty

Conscious disregard for the rights of others

Virginia case law is specific on when punitive damages are available in a car accident involving an at-fault party that is far beyond the standard of mere negligence.

“In determining whether punitive damages may be considered by a jury in an automobile collision case, the trial court's inquiry is limited to ascertaining if reasonable persons could differ in their conclusion whether the defendant's negligent conduct, considered in its entirety, was so willful or wanton as to show a conscious disregard for the rights of others.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018).

The Standard

This standard has been repeated throughout Virginia case law. "acting consciously in disregard of another person's rights or acting with reckless indifference  to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another." Griffin v. Shively, 227 Va. 317, 321, 315 S.E.2d 210, 212-13 (1984).

If you have been injured in a car accident as the result of another person’s illegal punitive conduct, you should call me for a free consultation (434) 660-9701.

Lynchburg Punitive Damages Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedIn, Tumblr,  BloggerRedditYelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Miranda Rights are the rights that every United States Citizen has when they interact with authorities. These are constutional rights through the 5th Amendment. They are called Miranda Rights because they were established by the United States Supreme Court in Miranda v. Arizona. Wherein, the Court examined four different cases where the rights of U.S. citizens were violated. In that case, the rights were judicially established as an interpretation of case law, the common law.

Vega v. Tekoh (2022)

Today, the most recent Miranda Rights case to be interpreted was Vega v. Tekoh. Wherein, a U.S. Citizens Miranda rights were violated. Subsequently, plaintiff in the matter attempted to sue civilly for the conduct of the authorities, including the prosecutor. The question presented was, Whether a plaintiff may sue a police officer under 42 U.S.C. § 1983 based on the improper admission of an “un-Mirandized” statement in a criminal prosecution. In other words, the police prosecutor used a statement made by the defendant in a trial when the defendant should have been read his Miranda Rights first. This case is acutally a prime example of how the system establishes liability to police officers while prosecutorial conduct goes blatantly ignored.

Disagreeable analysis

The Court held that to extend a right to sue civilly would extend a cumbersome burden on the court system. The correct remedy would be for the trial court to make the correct determination and not allow the statements in the trial. In hindsight, this may seem like what should happen but, I think it places too much deference in low level trial courts that may not fully understand Miranda.

The Future

Three justices dissented in this case. I have a tendency to agree with Kagan, Breyer (retired now) and Sotomayor. Fortunately, the dissent, historically has a way of later becoming the law. The dissent points out that as in the facts of Vega v. Tekoh, a trial court may not suppress the constitutionally violating statements. Then what happens if statements that were the source of coercion, or unconstitutional police or prosecutor action results in a wrongful conviction and a U.S. Citizen ends up spending time in prison. For, what is constituionally a protected right. Most will not comprehend this or will be dissociativly indifferent practicing cognitive dissonance and so forth. What remedy do the wrongfully convicted have for the extreme harm they have suffered? §1983 should cover this.

Miranda Rights Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblr,  BloggerRedditYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is a Deposition? A deposition is typically when a lawyer asks a witness a series of questions prior to or out of court, wherein a court reporter is present and recording the entire statement. This is for the purpose of later being used at trial or in a court hearing. If you have an upcoming Deposition, you should call me for a free consultation (434) 660-9701 Depending on your state, a deposition can either be in a Criminal or Civil proceeding.

Civil:

In Civil Law, a party is usually permitted to take depositions of other parties and witnesses. The transcripts or sometimes even video recorded depositions are later be played to a jury. This Often, depositions in Civil proceedings are used for the purposes of settlement. Civil proceedings are usually primarily about money damages. Sometimes they can be about more then money damages like, injunctions.

Criminal:

Virginia does not typically have criminal proceeding depositions. Florida does though. In Florida, your criminal defense attorney is permitted to depose the police officer prior to trial. In Virginia this is not allowed. Virginia does however, have preliminary hearing wherein the arresting officer is usually called to testify, in which case this can be recorded or transcribed by a court reporter.

Deposition Attorney:

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblr, BloggerReddit, Yelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

An indictment is a formal list of charges against an accused. An indictment is not any evidence of guilt. From the word of former cheif judge sol wachtler, "if a district attorney wanted to, a grand jury would indict a ham sandwhich." If you have been charged with a crime, you should call me, I am a Criminal Defense Lawyer (434) 660-9701.

Criminal Defense Lawyer

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitter, LinkedInTumblrBlogger, Reddit, Yelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Can you get A DUI on Private Property? In Virginia, Yes. According to Gray v. Commonwealth, 23 Va. App. 351 (1996) “Other than for the operation of a moped, the statute does not specify that the driving or operating that it criminalizes must occur on a public highway.” Essentially, it will make no difference under Virginia Law whether an accused is on a public or private road. If you have been charged with a DUI you should call me, I am a DUI Defense Attorney.

Interpretation of the Virginia DUI Code

The court further dictated, “county ordinance is clear, unambiguous and means what it says. It applies to anyone driving or operating a motor vehicle . . . while under the influence of intoxicants anywhere in the county of Brunswick, whether on a public highway or private property.” Gray v. Commonwealth, 23 Va. App. 351 (1996) If you have been charged with a DUI, you should call me. I am a DUI defense attorney (434) 660-9701.

Evidence

The Virginia Appellate Court reiterated their assertion in Mitchell v. Commonwealth 26 Va.App. 27 “The evidence at trial proved that a deputy sheriff drove his vehicle on a road through a privately-owned mobile home complex to investigate a report of a crime. The deputy sheriff testified that, although the roads in the mobile home complex were private, the roads were open to use by the public for vehicular travel. He also testified that no signs were posted denoting "no trespassing" or "private driveway" and that persons who drove through the mobile home complex were not arrested for trespassing.”

Final Note

Basically, the Virginia Courts have been clear. An intoxicated person operating a motor vehicle either on public or private property can be charged with a DUI. It is unwise to drink and operate a motor vehicle. If you have been charged with DUI, you should call me for free consultation (434) 660-9701

DUI Defense Lawyer

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblr, BloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

 

Tort Law and The Economics of Sovereign Immunity[1]

I hate and detest falsehood but I love your law.”[2] We need a return to the biblical law standard and the older common law approach to tort law. This is because the economic impact of fraudulent local prosecutors would be held in check. Where “there is a set standard of conduct, and the Court looks at the facts of the case, determines whether the facts of the case meet or fall short of the standard, and based upon that determination decides liability.”[3]

Tort law is implicated through the doctrine of sovereign immunity. When our nations prosecutors engage in frauds on the court, the should incure Tortious liability. It is a tort against the falsely accused, the innocent. The economic damages are insurmountable, but those in power deny that.

The current law and economic approach is instead focused upon setting a rule that will minimize incidents in the future.[4] At first glance this seems like a great idea, but upon implimentation, the authorities are prosecuting innocent people. Not just innocent, blantatly innocent, obviously independantly proven innocent. What it has resulted in is total unaccountability for state actors. Really, what we should be asking is what is the truth and pursuing that. That is not what is happening in our government today, it is a “might makes right” agenda and bulldoze people that we are just exercising a “we don’t like” analysis. The is the current state of federal, state and local justice departments. Personally, I think God is going to serve them with what they got coming soon enough. God only allows injustice to go forward for a limited time, and then the rubber band snaps back.

There Must Be Limits To Absolute Prosecutorial Immunity

“The current system of absolute prosecutorial immunity fails when prosecutors fail to “seek Justice before victory.”[5] For this reason the Court must reexamine the doctrine of absolute prosecutorial immunity.”[6] Arbitrary government decisions by those charged with fair enforcement of the law is a violation of the law. “To permit criminal prosecutions to be initiated on the basis of arbitrary or irrational factors would be to transform the prosecutorial function from, one protecting the public interest through impartial enforcement of the rule of law to one permitting the exercise of prosecutorial power based on personal or political bias."[7] Governments routinely charge based on arbitrary government decision making. In recent years this is certainly true. This is a foundational affront to the rule of law.

Throughout this brief, I find it is extremely difficult to refer to Virginia prosecutors as “Commonwealth Attorneys” because that is not what they are. The basis of the proceedings against a number of accused citizens were not for the good Commonwealth of Virginia, but were based on personal bias and not a fair enforcement of the law. As we sit here in the United States, where Law enforcement and political agenda meet, there is dark underbelly of corruption.

The economic impact of false persecutions are so huge they cannot be over stated. The torts of defamation, malicious prosecution, intentional infliction of emotional distress and false arrest. This conduct can have lifelong economic impact. The system has to change, the state actors must be held accountable for their own actions.

Arbitrary Government Decision Making

A prosecutor acting contrary to seeking justice and instead pursues arbitrary government decision making sees prosecutorial discretion that is “ill-served by granting [absolute immunity] it in cases when [a prosecutor] acts without colorable authority.”[8].  As it sits today, when applied to the conduct of Commonwealth Attorney’s offices, the doctrine of absolute prosecutorial immunity, does not serve the interests of justice. To the contrary, it only serves as permission for prosecutors to conduct themselves however they want. Acting without any regard to the law and foundationally contrary to the pursuit of justice, all while facing zero accountability for their actions.

There must be a civil remedy

Holding prosecutors civilly liable for their dishonorable, unethical and outright fraudulent conduct on this nations courts and citizens must not be permitted. When absolute prosecutorial immunity was established, fraud on the court was not in the minds of those creating the doctrine. Because it was unimaginable that those entrusted with fair enforcement of the law, and serving the community would conduct themselves in a manner in which this nations prosecutors do. Absolute Prosecutorial immunity never considered that prosecutors would exercise their extraordinary power without doing so judiciously, in the pursuit of justice.

Absolute prosecutorial immunity has evolved into a zero accountability systematic “get out of jail free card” to conduct a fraud on the U.S. Court system and deprive U.S. Citizens of their Constitutional, Biblical and International Human Rights. Absolute Immunity provides prosecutors with zero accountability for their conduct. Prosecutors have displayed numerous times throughout their proceedings that they do not conduct themselves objectively that instead they exercise a “I don’t like this person” analysis and therefore I should put them in prison based on utterly unfounded accusations. The number of people exonerated from death row because of irrefutable DNA evidence is an undeniable fact that prosecutors get it wrong.

When we speak about the economic impact of falsely imprisoning someone, we must consider the billions of dollars this is likely affecting. In the United States we live in a mass incarceration society. We imprison more people per capita then any other developed nation on this planet. Even if it’s a fraction of a percent of them that are innocent, that number would be in the thousands. This is also know as billions in economic impact.

Systemic Abuse and Change

Currently, there is a premium on winning as opposed to pursuing a just result. Prosecutors are evaluated, not based on their measure and good judgment in the pursuit of justice, but on “winning” (convictions). This is an affront to the foundation of jurisprudence and the Oath every attorney takes before being admitted to the bar. Prosecutors are permitted to not point to evidence in frauds on the court, they seek to foundationally undermine the law. This has often led to absurd circus's in the court system.

One in six reversed capital cases was the result of “prosecutorial suppression of evidence that the defendant is innocent.”[9] Read that last sentence again and then pray to God about what you “thought” you knew before you read this. Prosecutors seek to have exculpatory evidence of their own experts excluded from trial. Prosecutors lie right to Judge’s faces about evidence they have been shown in previous hearings, and ignore digital prima facie evidence that entire proceedings are a sham.

Endless U.S. Constitutional and Human Rights Violations.

A prosecutor’s job creates multiple moments of power and authority over a life-changing process, and with zero accountability and no incentive to pursue justice, the system has become rot with abuse of power. Prosecutors may even seek to delay a trial for the unjust purpose of their own personal bias or prejudice.[10] Prosecutors seek to delay trials for no other purpose then to submit pain and suffering of a continued persecution on their victims.

Where defendants seek to get the quickest trial date available, prosecutors force delay after delay after delay. Not for the purpose of just proceedings but for the sole purpose of infliction of emotional distress on the defendants and their families. The fact that they have no accountability whatsoever for Their actions and our elected officials dissociative indifference to the conduct of their subordinates will only see a deprecation to the good community. This is a human rights violation.[11]

Using Perjured Testimony

Prosecutors use absolute immunity to “knowingly use perjured testimony.”[12] Prosecutors blatantly ignore their own investigator testifying that false accusers commit perjury. Prosecutors will also make impermissible remarks or attempts to introduce improper evidence at trial.[13] Prosecutors purposefully and in an effort to undermine direct Court Orders by Judge’s not to refer to a previous hearings because of the improper prejudicial nature do so while cross-examining defendants in front of the Jury. This is a crime in and of itself.

Government Transparency

One thing is certain is that our government even the local government should be dismantled and carefully put back together. As it sits, a defendant can request that the whole trial be videotaped so that the public can know what an absolute fraud on the Court even Bethany Harrison of the Lynchburg City Prosecutors office will allow. But the judges can still deny that request. Fact is people in power want you to take the sodomy they dish out and if they are wrong they want no accountability for that. One of the few protections we have in this country is public hearings.

In Lynchburg City and all courts, you should be allowed to video tape a proceeding. Otherwise people that are false accusers will get away with their lies. Prosecutors can act insane with no accountability and when its time for a falsely accused to get their life back. Potential employment will no longer be available because whole thing was absolutely nonsense but there is no way to show it on video. In today's modern era, Court hearings must be recorded on video.

The economic impact of this knows no bounds. If the public does not know the particularities of everything surrounding what our local Lynchburg City Prosecutors office will do, they will destroy the well-built Law Firm of the falsely accused. Where before the authorities conducted their unwarranted sodomy a falsely accused had a productive law firm with economical viability, now its destroyed and no one cares.

Zero Accountability for Prosecutorial Misconduct

Alternative checks on a prosecutor’s power is almost never effective and certainly not a conduct changing deterrent. As it sits, internal office discipline is the only real redress a defendant can hope for. This is almost never effective as a deterrent to what really amounts to criminal conduct of a prosecutor themselves. If any other lawyer acted in a way that our country’s prosecutors do, and not been a prosecutor, they would have been brought before the Bar and at a minimum civilly sued.

Electoral Process

The only real check on prosecutors misconduct is the prospect of losing an election, however this provides little to no deterrent to a prosecutor determined to violate a defendants’ U.S. Constitutional, Biblical and International Human rights. Most of the time voters do not even know who the Constitutional violating prosecutors are as their conduct is often suppressed or not made abundantly aware to the public until years later. And, this is certainly so in a small professional community of personal relationships between attorneys in a smaller locality. This environment makes it less likely that misconduct and fraud on the Court will be reported by neutral parties.

“Forty-five of the fifty states elect their chief local prosecutors. But in these elections, most prosecutors run unopposed. When the incumbent prosecutor runs for reelection, he or she is often the only candidate in the election. According to one study, eighty-five percent of incumbent prosecutors run unopposed in general elections. And, when they are opposed, prosecutors win their elections in nearly seventy percent of those races.”[14] The errors of a prosecutor acting without good faith can have disastrous and extreme affects on a defendants future, family’s and communities with generally no accountability.

“Prosecutors can engage in unequivocal misconduct—misconduct that is labeled as such by a federal court judge—and face no professional or criminal comeuppance.”[15] “The prosecutrix further abused her power by using the very situation she had created against the defendant in closing argument.”[16] Prosecutors abuse their power and oath to seek justice. Elected prosecutor Bethany Harrison exercises arbitrary government decision making that is a selective enforcement of the law. Bethany Harrison’s Office subverts basic U.S. Constitutional, foundations of jurisprudence, Biblical and International Human Rights law.

Prosecutors undermine the system, violate obvious rules without sanction and abuse power with no repercussions. Prosecutorial immunity must be limited. “Absolute Immunity leaves the genuinely wronged defendant without civil redress even against an indisputably and identified malicious or dishonest action that deprives him of liberty, dignity and protection of law.”[17]

Absolute Prosecutorial Immunity as a policy is misguided.

“[T]he common law recognized a fundamental ‘distinction between unauthorized acts and discretionary acts,’” with resulting “‘strict liability for acting outside of the authority enumerated by the Constitution.’[18] The Court must reevaluate prosecutorial immunity. We must return to the Common Law that held prosecutors liable for actions that exceeded the authority of their office.

Christian Worldview

What we must consider when evaluating Absolute Prosecutorial Immunity is that there are few individuals in our society that have no accountability for their conduct. That has created a license to do whatever you want and disregard the rights of others. All while basing your conduct on personal bias. This has maculated into a “might makes right” system, while trampling the rights of the falsely accused. That is not the purpose of the Immunity Doctrine, but that is what it has evolved into.

Lynchburg, Virginia

Ultimately, Bethany Harrison’s office, is a human rights violating office. What we need is someone similar to Jim Durkin. “Ill never be accused of being soft on crime, but I’m more interested in seeking the truth than a conviction.”—Jim Durkin (Illinois House Minority Leader) [19] The truth should be sought before the government is allowed to just sodomize an accused finances, future, employment, and most importantly the sanity of their family. As it sits, if the accused is not of the radical alt-left mind virus that has infested the Downtown Lynchburg Virginia authorities, it must be justified.

Citations

[1]Anilao v. Spota, No. 22-539 (2022)(the following essay has been written with various points of law that the amicus brief from of law enforcement action partnership)

[2]Psalms 119:163 (King James)

[3]Chrisman, Law & Economics, 75 (2016)

[4]Id.

[5]Miller v. United States, 14 A.3d 1094, 1107 (D.C. 2011)

[6]Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[7]United States v. Torquato, 602 F.2d 564, 568 (3d Cir. 1979)

[8]Snell v. Tunnell, 920 F.2d 673, 696 (10th Cir. 1990)

[9]David Keenan, Deborah Jane Cooper, David Lebowitz, & Tamar Lerer, The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct, 121 YALE L. J. 203, 209–11 (2011)

[10]Brady v. Maryland, 373 U.S. 83 (1963)

[11]Universal Declaration of Human Rights, December 10, 1948 ,United Nations General Assembly Resolution 217 A.

[12]Mooney v. Holohan, 294 U.S. 103, 112 (1935); Alcorta v. Texas, 355 U.S. 28, 31–32 (1957); Napue v. Illinois, 360 U.S. 264 (1959)

[13]Griffin v. California, 380 U.S. 609 (1965)

[14]National Study of Prosecutor Elections, The Prosecutors and Politics Project, U. N.C. (February 2020), at 4, available at: https://law.unc.edu/wp-content/uploads/2020/01/National-Study Prosecutor-Elections-2020.pdf; Ronald Wright, How Prosecutorial Elections Fail Us, 6 OHIO STATE JOURNAL OF CRIMINAL LAW 581, 593–94 (2009); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[15]Id.

[16]United States v. Golding, 168 F.3d 700, 703 (4th Cir. 1999)

[17]Imbler v. Pachtman, 424 U.S. 409 (1976); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[18]William Baude, Is Quasi-Judicial Immunity Qualified Immunity?, 74 STAN. L. REV. ONLINE 115, 123 (2022).

[19]Justin Brooks, “You May Go to Prison, Even Though You’re Innocent,” 83 (2023)

Criminal Justice Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedIn, Tumblr, BloggerReddit, YelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Introduction

Programs of restitution by offenders to their victims should be instituted on a wide scale as the primary means of dealing with non-violent criminal behavior. Charles Colson and Daniel Benson address the issue of how to treat convicted persons and their victims.[1] There are two primary rules or assertions that are addressed in their essay Restitution v. Imprisonment.[2] Basically, restitution is an act making the victim of a crime whole again. Often, this means a payment of monetary value to the victim for a crime that was done to them. In contrast, imprisonment is the warehousing of persons convicted of crimes. Frequently this means cages, concrete, and guards. If you have been charged with a crime, you should call me. I am a Criminal Justice Lawyer.

Imprisonment

Currently, there are over 2,000,000 people locked up in the United States of America’s mass incarceration system.[3] This is costing the U.S. taxpayer billions. Imprisonment represents a legitimate way to place violent persons away from society for the safety of society. Imprisonment has evolved into a systematic tool of oppression far from what should be permitted ethically. Violent offenders should be imprisoned, this would follow the Christian Worldview, “whoever kills any man shall surely be put to death.”[4] 

I am heavily persuaded that restitution is a more equitable avenue for non-violent criminal offenses. Placing the victims of non-violent crime in better position then what they had been in prior to the perpetration which had come upon them would serve society. Though, there must be a limit to that in the since of recidivism, which at a certain point should lead to imprisonment. The effects on the community however, of imprisoning individuals for non-violent crimes is not wholly justified.[5] Recidivism represents half of all prisoners.[6]

Restitution

Restitution is a far better choice for both perpetrators and victims of non-violent crime. Certainly, restitution would also be a better choice for the American taxpayer.[7] Paying back the victim of a crime would entail the need for a mechanism to deal with that sort of redesignation of the penal system. A way for the perpetrator to meaningfully pay back the victims. This follows the Christian Worldview, “if a man steals an ox or a sheep and slaughters it or sells is, he shall restore five oxen for an ox and four sheep for a sheep.”[8]

A major issue with criminals who commit non-violent crimes like theft is that they would not have the money to pay back the victim of their crime. For example, Bernie Madoff whom stole vast sums of money from his victims spent a large amount of that money and now the money is gone, unable to be recompensed to the victims. Another example would be shoplifting, if someone stole from the grocery store, it is probably because they did not have the money to buy food in the first place. Therefore, as in both examples it would be difficult to obtain restitution from a perpetrator.

Conclusion

Charles Colson and Daniel Benson grapple with the conundrum of which is better for society and for the victims of crimes. The instillment of apprehension to commit crimes and the assured knowledge of confinement. Or, the focus of putting the victim in better position then they where in prior to the crime. Both have their advantages and disadvantages. For non-violent crimes, restitution is most likely the better option and, this is congruent with the Biblical Christian Worldview. If you have been charged with a crime you should call a criminal justice lawyer.

[1] Herbert W. Titus, God, Man, and Law: The Biblical Principles 279 (1994)

[2] Id.

[3] Wendy Sawyer and Peter Wagner, Mass Incarceration: The Whole Pie 2022 (March 14, 2022) at https://www.prisonpolicy.org/reports/pie2022.html

[4] Leviticus 24:17 (King James)

[5] Murray, Joseph, and David P. Farrington. The Effects of Parental Imprisonment on Children, Crime and Justice 37, no. 1 (2008): 133–206. https://doi.org/10.1086/520070.

[6] Benecchi, Liz, Recidivism Imprisons American Progress, (August 8, 2021) at https://harvardpolitics.com/recidivism-american-progress/

[7] Supra Note 1 at 280

[8] Exodus 22:1 (King James)

Criminal Justice Lawyer

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblrBloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

In Virginia, there are several laws against hacking into a computer, cell phone or other internet account. These laws center around foundational principles against fraud, identity theft, harassment and other crimes. Cyber criminals are a real threat to basic privacy. The Virginia Computer Crimes Act and the Virginia Identity Theft Statutes apply to computer and internet-based crimes. Basically, your smartphone applies under the law as a computer. If you have been charged with a crime you should call me for a free consultation, I am a Virginia Criminal Defense Lawyer.

Federal Law:

Federal crimes that apply to cell phone communications include the Electronic Communications Privacy Act and the broad applicability of the Computer Fraud and Abuse Act. The Computer Fraud and Abuse Act has such broad applicability that basically anyone with nefarious intent that accesses another person’s smartphone or computer can be prosecuted under the law. This Act carries with it the potential for years in Federal Prison.

According to the Department of Justice "in the large majority of “exceeds authorized access” cases brought by the Department, the operator of the computer system made some technological effort to protect the information at issue, thereby signaling the importance or sensitivity of that information.  It is not necessary that this technological effort erect an impenetrable “technological barrier” or that the technology succeed in its intended purpose of preventing access." CDOJ Website on the CFAA Essentially, as long as someone has take a step to protect their personal information then a hacker has committed a crime by accessing it. For example, a basic password for an account, cell phone or computer.

Enforcement:

The reality is that although invasion of privacy can have severe effects on individual victims, companies and communities, the government does little to enforce these laws. Often, there is a shortage of capable law enforcement officers for these kinds of crimes. Also, and this must be noted that when these laws are enforced, they have been used to pursue political agenda and  not always directly criminal conduct. If you find yourself in a pickle, you should call me, I am a  Virginia Criminal Defense Law.

Technology In Your Pocket:

Think about it, our cell phones are so sensitive they have the ability to “hear” your heartbeat from another room. What happens when a hacker gets a hold of that kind of access? Are you even safe with your cell phone around unless you are directly using it? When I go to sleep, I put mine in another room in a faraday cage but, realistically that’s probably not enough. And, all that is before we even begin to speak about your personal text messages to family members and loved ones. Or, dare I say whose listening while your intimate? Honestly, I find myself concerned every time I receive text messages from a client because the Attorney-Client Privilege may easily be broken by a thief. Jammed up by the law? Call me for a free consultation I’m a Virginia Criminal Defense Lawyer.

Virginia Law:

Virginia Hacking Law: Article 7.1. Computer Crimes. Under this section, a computer is a device that transmits digital information like knowledge, facts, concepts, and so forth. § 18.2-152.3. Computer fraud; penalty. This is means any person who uses a computer or computer network, without authority and: obtains property or services by false pretenses; embezzles or commits larceny; converts the property of another is guilty of the crime of computer fraud. These crimes are punishable by up to 10 years in prison.

Virginia Criminal Defense Lawyer

Chris White Lawyer, LLC. is a Lynchburg, Virginia Attorney Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblrBlogger, Reddit, Yelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Personal Injury and Criminal Defense Attorney

Chris’s passion for and career in personal injury began after he was in a severe auto accident. While on his way to work, Chris was struck by a negligent driver. After that incident, Chris decided to attend law school and fight for the rights of the injured as a Auto Accident Lawyer. He is passionate about upholding the rights of the injured and making society safer one client and one law suit at a time.

Chris has always been interested in Criminal Law, during his attendance at Old Dominion University he became convinced that the way our system is run, the conduct of state actors and injustice in the system require those that are capable to do something about it.

Early Life

Chris was born and raised in Lynchburg, Virginia where there is a great community. Lynchburg is a small city in Central Virginia placed at the foothills of the beautiful Blue Ridge Mountains. Chris graduated from Brookville High School in Campbell County, VA where he played defensive linebacker and was a captain for the varsity football team. Chris also recieved perfect scores on standardized history exams, the law is really a study of history.

Undergraduate School

Chris earned his Bachelor of Science from Old Dominion University in Norfolk, Virginia. Chris majored in Criminal Justice and minored in History. Chris made the Dean’s list during his time at ODU. He also briefly played for Old Dominions Club Rugby team as a flanker and recreational flag football teams. Chris enjoys competitive sports like football.

Law School

Chris attended Law School in Fort Lauderdale, FL at Nova Southeastern University, Shepard Broad College of Law. The beaches are nice in Fort Lauderdale. During his time at Nova, Chris earned the highest Honors in Pro Bono legal work for volunteering with MISSION UNITED Legal Aid Service of Broward County, a non-profit organization affiliated with the United Way. This organization was established to help Veterans with their legal needs. Chris also interned with the Broward County Public Defender’s office Homicide and Felony Departments.

After practicing for several years as an Attorney, Chris went on to get his Masters of Laws from Liberty University. While at Liberty Chris earned his LL.M. in International Legal Studies. Much of the curriculum centered around the study of International Human Rights. Human Rights Law is the cornerstone of must legal principles dating back to the origins of law.

Chris was humbly awarded the honor of being accepted to and attending the summer study abroad program at University of Oxford's Faculty of Law to study of International Human Rights. During his time at Oxford Chris learned a great deal about the international community and the experinces of other legal scholars in the home countries.

Chris loves the United States of America and our founding legal documents of law that center around Christian Biblical principles.

Flight School

After Law School, Chris attended several flight schools including North Star Flight Academy in Fort Lauderdale, FL. for his Private Pilots License, He then went on to Florida State College at Jacksonville: Cecil Field in Jacksonville, FL. for his Instrument Rating, Freedom Aviation in Lynchburg VA for his Commercial Pilots License and American Flyers in Morristown, NJ for his Flight Instructors certificate.

Hobbies

Chris’s favorite past-times include: Flying airplanesWalking the dog, exercising at the YMCA,  riding in the Jeep, and shooting skeet at Liberty University's beautiful facilities.

Education:

University of Oxford, Faculty of Law
International Human Rights Law

Liberty University, School of Law
Masters of Laws, LL.M.

Nova Southeastern University, Shepard Broad College of Law
Doctorate of Jurisprudence, J.D.

Old Dominion University
Bachelor of Science, B.S.

Associations, Certificates and Licenses:
Virginia Bar 2023-present
Florida Bar 2016-present
Washington, D.C. Bar 2019-present

United States District Court for the Middle District of Florida
United States District Court for the Southern District of Florida
Federal Aviation Airmen Certificate: PPL, Commercial Pilot, IR, CFI
Virginia Trail Lawyers Association

Chris White Lawyer, LLC. is a Lynchburg, Virginia Attorney Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagramFacebookTwitterLinkedInTumblrBloggerReddit, Yelp, Avvo and Justia. Thank you for your time and consideration.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is Probable Cause?

Don’t know? Don’t worry even the people that are supposed to know, don’t. Like the Lynchburg City Police Department. Certainly, if you have been charged with crime, you should call me for a free consultation (434) 660-9701 I am a Criminal Defense Attorney.

It must be noted that most of the information from this article is from Attorney Robert Battle’s Book “Virginia DUI Defense: The Law and Practice.” (2011). This book along with my extensive legal education including a B.S. in Criminal Justice, LL.M. In International Law and Doctorate in Jurisprudence was used to write this article.

The Importance of Probable Cause:

Consequently, probable cause is the legal standard that a law enforcement officer must be able to articulate before a law arrest can be conducted. Without the standard of probable cause, no citizen can be safe that the government will follow the law. What is unfortunate is that those enforcing the law often do not seek to actually follow the law.

Presumption:

At court, it is the government’s burden to show that probable cause to arrest existed. Accordingly, what that means is that the government has to convince the judge that probable cause existed. In contrast, it is not the accused burden to prove probable cause did not exist. Certainly, the accused has a right to rebut anything the government brings forth as evidence.

This is an important distinction to make. Because, without it being the burden of the government to prove probable cause existed then no one would be safe. Basically, we would have a society where warrantless searches and seizures would be endless. What is really scarry today is the rubber stamping of warrants without real evidence being put forth that judicial officers engage in. If the individual citizen is not safe from unconstitutional government intrusion, then no citizen is.

Probable Cause Standard:

Probable cause is what a government official must have before engaging in a warrantless search. “A warrantless search is presumptively unreasonable under the Fourth Amendment “subject only to a few specifically established, jealously and carefully drawn exceptions” Jones v. United States When the Constitutional validity of an arrest is challenged, it is the function of a court to determine whether the facts available to the officers at the moment of the arrest would “warrant a man of reasonable caution in the belief” that an offense has been committed. Carroll v. United States” Id. at 34.

Coincidentally, the circumstances that tend to show that there is not probable cause, your attorney should argue that to the court. What is unfortunate is this standard of “good faith” that your defense attorney is held to but not the local prosecutors office. This is unfortunate because your fighting uphill. Certainly, for this reason you will want to find a good Criminal Defense Attorney to represent you.

Probable cause precursor:

Furthermore, reasonable suspicion is a precursor requirement to probable cause. In other words, the government must have a reasonable suspicion to justify an investigatory stop. Reasonable suspicion is not probable cause, these are two separate standards. Sequentially, the legal standard of reasonable suspicion must be present in order for a law enforcement officer to move to the next step of the investigation and look for probable cause. Often, reasonable suspicion in a traffic stop is usually some sort of “moving violation.” Accordingly, illegal act or infraction with your vehicle. If you have been charged with a crime, you should call a Criminal Defense Attorney.

“Warrant a man of reasonable caution in the belief”

Basically, the legal standard of probable cause boils down to “whether the facts available to the officers at the moment of arrest would warrant a man of reasonable caution in the belief that an offense has been committed.” Carroll v. United States.

Furthermore, the law enforcement officer or government official must be able to articulate these facts and circumstances. Subsequently, vast generalizations will not be acceptable to a court. Finally, “If the police had clearly insufficient evidence to believe that an offense had been committed, then the seizure was without probable cause.” Id. at 34.

The court must separate the facts and circumstances that the government officer had before the arrest and what he had after the arrest.Certainly, this is vital to a proper probable cause determination analysis. If the Court, after conducting their analysis, would have not issued a warrant for arrest had one been requested then probable cause did not exist.

Factors held not sufficient for Probable Cause in Virginia:

  1. Odor of alcohol. (Baker v. Taylor)
  2. Demeanor. (Clemmer v. Commonwealth)
  3. General observations as effects of alcohol. (Davis v. Commonwealth)

If you have been arrested you should call me for a free consultation, I am a Criminal Defense Attorney (434) 660-9701

Criminal Defense Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Finally, please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected we have a Youtube, InstagramFacebookTwitterLinkedInTumblrBloggerReddit, Yelp, Avvo and Justia. Thank you for your time and consideration.
Chris White lawyer, LLC
Cellphone: (434) 660-9701
Available with appointment (434) 660-9701:
700 12th St, Lynchburg, VA 24504
Available with appointment (434) 660-9701:
100 Tradewynd Dr. Lynchburg, VA 24502
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