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Newport News Criminal Law Blog

Sending a sext message is a risk no matter your age

Sexting on its own is not a criminal offense, but sexting the wrong person ca be. At its core, sexting is just the transmission of nude or suggestive material through text messages. For two consenting adults, there is no problem with sexting. In fact, it's fairly common in many adult relationships.

Sexting only becomes a problem when a text is being sent to someone who does not want it or when that person is underage. Even if the person sending the sext is underage and you aren't aware of it, receiving that sext could violate child pornography laws.

Man faces several charges after hit-and-run crash in Virginia

When a driver commits a hit-and-run, he or she leaves potentially severely injured victims at a scene to fend for themselves. He or she takes the risk of fleeing without considering the damage it could cause. Delaying treatment to someone injured in a crash could be the difference between life and death.

When you're in an accident, it's against the law to flee the scene. All drivers are meant to stay at the scene to provide aid if they are able to do so. This driver in Vienna did not, and now he faces charges.

Parental alienation: More than saying bad things about a parent

Parental alienation is a phrase that many divorcing parents fear. There is nothing worse than going into a divorce with a happy, loving child who then suddenly turns on a parent and wants nothing to do with him or her. Parental alienation could be the cause.

In cases of parental alienation, a parent brainwashes a child against the target parent. For example, a mother who does not want her child to love his father or want anything to do with him might start saying negative things about the father at all times, or she might forbid her child from talking about him. It's not a single day of frustration coming out. Instead, the parent's behavior is planned and designed to make the child dislike the target. This is not appropriate behavior and can lead to the child rejecting the other parent, resulting in parental alienation.

Can you legally spy on your spouse?

You have the faint feeling that your spouse might be cheating on you. Would it be so wrong to take a look at last night's late text messages that he was sending to his "friend?" What happens if you find something is wrong? Can you collect that evidence for your divorce?

Spying on your spouse is a somewhat gray area in law. There are times when tracking what your spouse does or is saying is legal, and there are times when you could be breaking the law.

Implied consent applies to highways, Virginia Supreme Court rules

Imagine falling asleep in your parked car in a parking lot. You had too much to drink, so instead of driving, you decided to sleep it off in your vehicle where you could be safe and also not put others at risk. Then, a police officer comes upon you, and he attempts to give you a breath test. Is there any reason you should give a sample to the officer?

That was the question the Virginia Supreme Court had to consider recently. Presently, the implied consent law extends to highways, and it allows officers to seek breath samples from any driver pulled over on those roadways. The court did not agree, however, that parking lots should be considered to be highways.

Malware strikes the Virginia State Police, locks up systems

There are many ways that you can defend yourself if you're accused of a crime. Sometimes, the most unusual ways come up when events outside your control take place. One of those events happened recently when a malware attack ended up costing the police around seven year's worth of evidence.

Situations like this can be a huge benefit to your case, because if evidence isn't able to be presented, then the charges against you may have to be dropped. What happened? The Virginia State Police suffered a malware attack that blocked it from updating the sex offender registry. In the end, the police were able to save their files, and no major systems were affected. That's good this time, but this kind of outcome hasn't always been the case.

71 people to face charges following drug bust in Virginia

When a large drug bust takes place, it's possible that those who didn't even know neighbors or friends were involved with drugs could be accused and have charges placed against them. Sometimes, being in the wrong place at the wrong time is all it takes for individuals to face an uncertain future.

That could happen in cases like this one, which now involves at least 71 people who are facing at least 140 charges. According to the news out of Virginia, there had been a 15-month investigation leading up to the arrests of 71 people, many of whom the sheriff has called "mid-level" drug dealers. Some have already been identified as "big-time" dealers.

How are modifications and appeals different in child custody?

Child custody matters can oftentimes turn into contentious court battles. When a child custody case is determined in a manner in you don't feel is correct, you might decide that you are going to explore your options for getting the matter corrected.

In some cases, you might be able to appeal a child custody ruling. This is much different than going through the modification process, so you must ensure you understand the differences.

What is domestic abuse in Virginia?

As someone who loves your family, it was likely incredibly hurtful when you found out your spouse accused you of domestic violence. What you thought was a spat ended up causing you serious trouble.

The issue with domestic violence claims is that they cover a wide number of issues. Physical violence is what most people think of when they talk about domestic violence, but emotional abuse, neglect, economic abuse and sexual assault are all different kinds of domestic abuse you could face charges for.

Man gets 2 years for participation in prostitution ring

Sex crimes come in a number of forms, but in all cases, they're prosecutable. Whether you're accused of being involved in a child pornography ring or of assaulting another person, it's important that you have the right defense to protect your rights. It's easy for your reputation to be damaged before the truth comes out, even if you are cleared of any wrongdoing later.

In Portsmouth, the news recently reported on a man who will be serving two years in prison. He's been convicted of aiding a prostitution ring. The 24-year-old had been tried on charges for assisting a commercial sex-trafficking operation and for abduction, but he pleaded not guilty to both.

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