Updates regarding COVID-19

COVID-19, also known as the Coronavirus, has had a major impact throughout the country, and the Courts are no exception. In this difficult and frightening time, many people are not sure where to turn for information about their court date or case status. I wanted to provide a few resources to help you find information about your case. 

Most states, Virginia included, have significantly reduced operations until the beginning of April. For example, Virginia has implemented a partial shutdown of the court system until April 6. Matters that are not deemed essential have largely been continued to later dates. These continuances are being done automatically for the most part, and will not have much of an impact upon the eventual resolution of the case, other than delaying it. 

If you have a case in Virginia, you can search for your case information using the statewide search feature by entering your name on the following website: 

https://eapps.courts.state.va.us/ocis/landing/false 

This website is a good resource to track your case status and upcoming court dates. The courts will also be sending notices of the next court dates in the mail. 

The disruptions caused by the Coronavirus may extend longer than currently expected. It will be important to contact your attorney before your court date to find out if there are any changes or impacts on your case from newly announced rules or delays. 

Matters considered to be essential, such as bond motions (which are requests to release those held in jail before their trial date) and protective orders are still proceeding forward at this time. If you or a loved one needs assistance with a bond motion or protective order, or have concerns about a new or existing case, my firm is ready to assist and move quickly to protect you and your family. I am taking precautions to protect my health so that I can continue to serve my clients. Please feel free to reach out if you need assistance through the available contact methods on this website.  

How to be legally prepared if you have to go to the hospital for COVID-19

COVID 19 has created a great deal of uncertainty in the world.  One of the most terrifying aspects of the disease is that you could become hospitalized, and in a situation where family and friends cannot speak with you or advocate for your care.  We all dread the scenario where we are rushed to the hospital with the Coronavirus and placed on a ventilator, unable to communicate effectively with the outside world. Visitors, even close family members, are not permitted in hospitals where they are caring for COVID-19 patients.  This means you will be missing support and advocacy from your loved ones at a time where you are most vulnerable and need it the most.  

While we all hope this will not happen, one way we can prepare is to have a short form before you go to the hospital that includes key personal and health information along with authorizations.  Keep it and your essential medical documents in a place where it will be easy to find and take with you to the hospital in an emergency.  This will enable your care team at the hospital to communicate with a member of your family and provide you personalized treatment based on your wishes, even if you are unable to communicate due to illness.  

I am including a potential version of this form here.  This should give you an idea of what kind of information and requests will be helpful if you need to go to the hospital.  Hospitals have their own forms, but in an emergency, this information can help everyone immediately.  For specific powers of attorney, medical directives, and other legal forms, please contact me so I can help create a personalized document that protects you and your family.

If the link above does not work, please enter the following into your browser:

https://bretlee.com/wp-content/uploads/2020/04/COVID-19-Emergency-Form.pdf

The Concerned Citizen’s Guide to Virginia’s Stay at Home Order

The Concerned Citizen’s Guide to your Rights during the Stay-At-Home Order in Virginia.

Effective immediately on March 30, 2020, Governor Ralph Northam of Virginia has issued an Order directing all people in Virginia to stay at home, except for essential business.  The text of this order is here: https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-55-Temporary-Stay-at-Home-Order-Due-to-Novel-Coronavirus-(COVID-19).pdf

This guide is intended to help you understand some aspects of this situation and how it affects you, your family and your rights.  Please remember that every situation is unique, and the best advice comes when your trusted attorney is fully informed and able to advise you about your specific circumstances.

Order 55 expands the restrictions in the previous order issued by the governor which limited business operations in Virginia.  The previous order limiting business in the Commonwealth is here:

https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-53-Temporary-Restrictions-Due-To-Novel-Coronavirus-(COVID-19).pdf

Violation of Paragraphs 2, 3, 4 and 5 of Order 55 is a Class 1 misdemeanor, under Virginia Code Section 44-146.17.   The most significant section that will apply to most people is the ban on gatherings of ten or more people under paragraph 2.  It is not a violation to be in public by yourself or in a small group, at least for now.

What is a Class 1 Misdemeanor?

A misdemeanor is a criminal charge.  Class 1 misdemeanors are the most serious misdemeanors in Virginia. A Class 1 misdemeanor is punishable by up to 12 months in jail, a fine of up to $2,500, or a combination of both. Examples of other Class 1 misdemeanors are assault, petit larceny (theft), DUI/DWI, and violation of a protective order.

What Happens if I get Convicted of a Class 1 Misdemeanor?

If a person is convicted, a Class 1 misdemeanor becomes part of their permanent criminal record.  It is public, and can show up on background checks for employment and immigration purposes.

This kind of charge has not been commonly used in Virginia history, but these are unprecedented times.  Being charged and convicted of violating the stay at home order could have significant consequences.  In addition to whatever punishment is imposed, a conviction could send a harmful signal on a background check that will be hard to explain or overcome.  The stakes are very high for people who are trying to hold onto small pieces of a normal existence. 

Does the governor have the authority to do this?

A governor’s authority is different from the President’s or other local leaders.  States, acting through governors, have broader powers over citizens than the Federal government theoretically does.  While a state cannot enforce unconstitutional laws, practically speaking, a constitutional challenge to the governor’s emergency declaration would be long, expensive, and certainly could be considered an uphill battle. 

What kinds of restrictions are we facing?:

You are supposed to stay at home except to do the following:

  • Obtaining food, beverages, goods, or services still allowed to remain open from the previous order,
  • Seeking medical attention, essential social services, governmental services, assistance from law enforcement ,or emergency services;
  • Taking care of other individuals, animals, or visiting the home of a family member;
  • Traveling required by court order or to facilitate child custody, visitation, or child care;
  • Engaging in outdoor activity, including exercise, provided individuals comply with social distancing requirements (6 feet or more away);
  • Traveling to and from one’s residence, place of worship, or work,
  • Traveling to and from an educational institution;
  • Volunteering with organizations that provide charitable or social services; and
  • Leaving one’s residence due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

These are the approved activities under paragraph 1.  It is not a violation of law, at this time, to go somewhere other than for these purposes.  However, violation of Paragraphs 2, 3, 4 and 5 of Order 55 is a Class 1 misdemeanor, under Virginia Code Section 44-146.17.   The most significant section that will apply to most people is the ban on gatherings of ten or more people under paragraph 2.  It is not a violation to be in public by yourself or in a small group, at least for now.

Who will be enforcing this? 

It will most likely be the police and other government officials that will charge people with violations of this section.

How should I interact with the police if I think I might be violating the stay at home order?

Always remember to use your best judgment, remain calm, and do your best to de-escalate any situation involving the police.  You should be polite, but you do not have to give up your rights or incriminate yourself. 

An encounter with a police officer may involve them asking you questions about where you are going or what you are doing.  They do not need to read you rights before engaging you in conversation.  Many times, they will characterize encounters and questions before arrest as voluntary or consensual.   If, in your best judgment, you think your purpose outside of your home is lawful under the order, you can briefly state your purpose to the officer to try to defuse the situation.  For example, if you are a doctor going to the hospital to treat patients, lead with that.  However, do not get into an argument with the officer or attempt to over-explain the situation.  Saying as little as possible is often ideal. 

A police officer cannot force you to talk to them.  If they suspect you of a crime, do not disclose to them that you are committing one.  You have a constitutional right to remain silent and not answer questions.  If you feel that you are being investigated or interrogated, simply stop answering any questions, state that you do not want to say anything else, and then ask if you are free to go.  You do not need to prove that you are not in violation.  The burden is on the government to prove that you were in violation of the order.

The most likely context for these encounters is if there are a group of people that draw an officer’s suspicion.  Officers may ask you about the people you are with, if they live with you, or what you had been doing earlier.  You do not need to answer those questions.  If you are out walking, you do not need to carry or produce photo ID.  If you are driving, you need to show a valid driver’s license on request.  Officers may be investigating who is coming into a neighborhood or going to businesses.  That is their job.  You should not interfere with that, but at the same time, you do not need to tell an officer you are guilty just because you are asked or questioned.  If an officer tells you to leave or go home, that is often a very good option to end the encounter without being charged. 

What if the police come to my home? 

Police can enter your home only in a few ways: with a warrant, in the event of an immediate, specific, ongoing emergency (not a general health emergency like the COVID-19 pandemic), or with your consent.  If an officer knocks on your door without a warrant or immediate emergency, you do not need to talk to them or let them in.  If you have guests over or a gathering of more than ten people, you do not need to let the police come in to investigate.  You should, however, think carefully about the health risks and legal danger before holding an event. 

What happens if I get charged with this crime?  How would the process work?

Officers would have the option to arrest you, or issue a summons, which is a legal document telling you to come to court to answer for the charge.  Signing a summons is only a promise to come to court, not an admission of guilt.  If you get charged, contact me immediately for help, at (703) 936-0580 or [email protected]. 

Common Myths and Misconceptions for Virginia Cases, Part 1

Common Myths and Misconceptions about Court in Virginia

For someone who finds themselves or a family member facing a criminal charge in Virginia, from felonies to misdemeanors to even reckless driving, there is often an overwhelming feeling of panic.  This is completely understandable, as it is a serious and unfamiliar situation.  People often turn to what they have seen on TV or movies as a reference point for what might happen to them.  While shows might be good drama, they are not good sources of facts.  Here are some important things to know and think about if you are facing a criminal charge in Virginia. 

Myth 1:  “Help, I’ve been arrested!  I must have already been found guilty of a crime!”

Fortunately, this is not true at all.  An arrest, summons, or even a ticket, is just an accusation by the police that a crime was committed, but it is NOT the same as a conviction.  Accusations are unproven until a judge or jury decides, in court, that a crime has been committed. At Bret Lee Legal Solutions, we have an outstanding record of contesting and disproving accusations.  Anyone can be accused of a crime, but nothing is final on a permanent record until the government proves a crime was committed in court, to a judge, after a fair hearing.  There are many things we can do for you at Bret Lee Legal Solutions to set your case up for a more favorable outcome.  Wherever possible, we look to have the charge reduced or dismissed.

Myth 2:  “I’ve been accused of a crime so that means I’ll be convicted of it. 

Every crime, such as a DUI/DWI, assault and battery, theft charges, and drug charges, even minor traffic infractions have a checklist of factual requirements, called “elements”, that need to be proven before a judge or jury can find someone guilty of that crime.  If a key fact is not proven, the charge can be less severe, or that the case is dismissed because a critical part is missing.  At Bret Lee Legal Solutions, we analyze both the facts and law to provide a focused defense that goes after the critical components and elements of the crime.  Through our deep experience in courts throughout Northern Virginia, we know the key elements judges care about and build our client’s defense to focus on the critical missing piece or defect in the charge to obtain the best outcomes for our clients. 

Myth 3:  “What happened that day was terrible.  I know I messed up, so everyone else will know too”

Many people believe that every single detail of an encounter with the police will be recorded and presented in advance to a judge.  This is not the case.  Officers will usually take notes related to an arrest, and will often have other evidence, like recordings or statements, but this evidence does not capture every detail or every moment of an incident. 

Moreover, evidence is not presented to a judge before the trial. A judge will only know the accusation.  There are many things that can happen during an incident but are not admissible as evidence in a trial.  One of the core elements of our process at Bret Lee Legal Solutions is to carefully review all the potential evidence and develop compelling arguments to keep out damaging evidence that does not meet the admissibility requirements of the law. 

Myth 4:  “I made a bad mistake, and when I have to tell the judge what happened, I’ll certainly be convicted.  This is hopeless.”

Many people fear they will be forced to talk to the Judge, police, or prosecutor and tell them what happened.  Everyone has a Constitutional Right not to testify against themselves, which is one of the core rights in the Fifth Amendment.  This core personal right means no one can be forced to explain what happened, and no one is required to give evidence against themselves.  At Bret Lee Legal Solutions we advocate for our clients and ensure their silence cannot be used against them.  We work with our clients to determine what to say and not to say. 

 

If you are facing a criminal charge in Virginia and have questions about these or any other aspects of your case, contact us today for a free consultation

 

Welcome to Bret Lee Legal Solutions

Welcome to Bret Lee Legal Solutions.  This blog is written by Bret Lee, attorney and founder of Bret Lee Legal Solutions.  I represent clients throughout Northern Virginia who face a wide variety of criminal charges.  Common charges I defend for my clients include driving while intoxicated / driving under the influence (DWI/DUI), theft and larceny charges, assault and battery, drug possession and distribution charges, probation violations, reckless driving and serious traffic matters including charges of hit and run and driving on a suspended or revoked license. 

 

Throughout my career, I have defended everything from serious felonies to minor traffic tickets.   I have defended clients in jury trials for serious charges including large drug conspiracies and malicious wounding cases. 

 

Every case is different, but one of the key values the firm was founded upon is that for every client, their case is one of the most important thing happening in their life and I treat every case as seriously as they do. 

 

The firm’s core focus is providing personalized service for every client and developing a custom approach to each case.  I use my skills and experience to fight for the best results for my clients. 

 

This blog is intended to provide my clients and potential clients with insight into some of the legal issues that might come up in their case.  Every case and every set of circumstances are unique.  There is simply no substitute for having a confidential, free consultation with me about your case, so I can develop a custom approach for you.  I encourage you to reach out to discuss your matter with me today.