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

What is Bail? Chapter 9 of the Code of Virginia deals with Bail and Recognizances. Accordingly, "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. Also, "Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. Consequently, if you been arrested, you should call me I am Criminal Justice system Attorney.

Bail/Bond Hearings:

There are many factors that go into representing someone for a bail or bond hearing. Often, the court will consider:

  1. The Place of Birth.
  2. The ties to the community, including the length of time he or she has lived at the current and former addresses, current contact information, family relationships, immigration status (if applicable), employment record and history, date of birth, and social security number.
  3. The physical and mental health, educational and armed services records.
  4. The immediate medical needs, including chemical dependency treatment.
  5. The past criminal record, if any, including adult criminal convictions and juvenile adjudications and prior record of court appearances or failure to appear in court, counsel should also determine whether the accused has any pending charges, whether they are on probation or parole and past or present performance under supervision.
  6. Current immigration status and immigration history.
  7. The ability of the client to meet any financial conditions of release.
  8. The names of individuals or other sources that counsel can contact to verify the client’s provided information (counsel should consult with the client before contacting these individuals).
  9. Other such information necessary to determine potential exposure under the sentencing guidelines.
  10. Any necessary information waivers or releases that will assist the client’s defense.

Court Hearing:

The factors above must be properly argued to the court in order for the court to consider whether it will allow pretrial release from custody. These factors are not independent, often the court will consider all of them. In sum, they are interdependent, each relating to the other to form an assurance to the court that an accused will return when called and address the accusations against them. Subsequently, where a detained citizen may not have a favorable factor for one argument they may have a good argument regarding another factor.

Presumption in favor of Pretrial Release:

The presumption in Virginia is in favor of pretrial release. The Virginia Legislature repealed Va Code 19.2-120 (B) -Rebuttable Presumption Against Bail. Therefore, there is a presumption in favor of pretrial release. This is because if you find yourself in custody your employment and other life obligations will likely be destroyed. The Government must be required to prove their case before taking from citizens. This is a basic due process right that is afforded every United States Citizen.

There are horror stories of U.S. Citizens being detained by the government for years prior to trial and later being exonerated of the reason for the arrest in the first place. The truth is that any amount of detention is likely to destroy a citizen’s life. This is something that must not be allowed without real proper cause. In reality, an authority figure can easily engage in their own narssasitic maculation without actual cause to arrest a citizen. This is a crime against humanity and does happen more often than those in power would like to admit.

Criminal Justice System 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 Youtube InstagramFacebookTwitterLinkedInTumblr, 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

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

Human Rights Attorney

Human rights are different depending on who you ask. Behavior and Rights are interconnected. Because as Eleanor Roosevelt said “Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman and child seek equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world."[1] Thank you for reading my article, I am a Human Rights Attorney.

Sources of Law:

Consequently, the Human Right to Dignity, Due Process and Equal Protection of Laws is found in the Universal Declaration of Human rights and its Articles. Furthermore, the U.N.  Charter is considered the lynchpin of post WWII international law.[2] Also, the following sources are international law as well:

  1. International Convention on the Elimination of all forms of Racial Discrimination,
  2. International Covenant on Civil and Political Rights,
  3. International Covenant on Economic, Social and Cultural Rights,
  4. Convention on the Elimination of all Forms of Discrimination against women,
  5. Convention against Torture and other cruel, inhuman or degrading treatment or punishment,
  6. Convention on the rights of the child,
  7. International convention on the protection of the rights of all migrant workers and members of their families,
  8. International convention for the protection of all persons from enforced disappearance and Convention on the rights of persons with disabilities.[3]

 

Human Rights however, go back further than those documents. The origins of modern human rights are from “moral nature.”[4] For example, Islam at its original inception was more humane then the previous practice in Arabic nations. When considering Islam’s predecessor (or what the Arab people previously practiced), Islam made significant steps forward with consideration to human rights.[5] However, it is still lacking the physical treatment of women amongst other matters.[6]

Community Culture:

Cultural relativism is an important consideration whenever we think about human rights because in parts of the world women are concerned with the effects of FGM while in others its freedom of speech. For example, in some parts of Africa women are having their human rights violated by being forced to be cut in the vagina at puberty.[7] While in other parts of the world, for example the U.S., we are concerned with privacy like the U.S. governments perverse malignant manipulation of Courts and judges that just rubber stamp whatever your local constitutional violating law enforcement officer wants.[8] Just because “a violation does not occur in public, it is not considered a human rights issue” is an absurd notion for all rights violations.[9]

In Contrast, the dichotomy is clear that some parts of the world’s struggles are not really fathomable by others. Some are concerned with bodily mutilation while others about being spied on while in the shower. Cultural relativism is “theory that there is infinite cultural diversity and that all cultural practices are equally valid.”[10] “the principles that we may use for judging behavior or anything else are relative to the culture in which we are raised.”[11]

“Universalism posits that all humans have the same fundamental rights and freedoms regardless of where they reside or what their cultural background is.”[12] For example, due process is a fundamental human right that the government is not supposed to take from you without a full fair and final hearing on a matter. The U.S. government currently violates human rights related to Due process left and right.

Christian Bible:

Finally, Due process, dignity and equal protection of the law are something that the U.S. government does not respect. Equal protection of the law should allow all who are charged with any crime privacy unless they are proven guilty in a Court of law. Subsequently, anything less is human rights violation. These rights are basic and universal. It is unbiblical, for“You shall not show partiality in judgement; you shall hear the small as well as the great you shall not be afraid in any man’s presence for the judgement is God’s.”[13] Biblical “Equality” means equality of opportunity for God’s justice for all, this is a universal principle. Thank you for reading my article, I am a Human Rights Attorney.

[1] Eleanor Roosevelt, Member of the Drafting Committee on the Bill of Human Rights, 1958

[2] David Weissbrodt, Jena Martin and Frank Newman, International Human Rights: Law, Policy and Process, 5th Ed. 117 (2021).

[3] Supra Note 2 at 105

[4] Supra Note 2 at 36 and 48.

[5] Supra Note 2 at 67

[6] Id.

[7] Supra Note 2 at 25

[8] Supra Note 2 at 51; Judiciary Committee Releases Key Material Related to FISA Abuse Investigation, The Senate Judiciary Committee 116th Cong. (April 16, 2020).

[9] Supra Note 2 at 51

[10] Supra Note 2 at 54

[11] Supra Note 2 at 54

[12] Supra Note 2 at 75

[13] Deuteronomy 1:17 (king James)

Human 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 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

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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