McClain Rosenthall Davis, PLLC

McClain Rosenthall Davis, PLLC McClain Rosenthall Davis, PLLC 2026-07-20T13:33:19Z https://www.mrdfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1405057/2026/03/cropped-site-icon-1-32x32.png On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[High-asset divorce: Protecting your assets in property division]]> https://www.mrdfirm.com/?p=47341 2026-07-20T13:33:19Z 2026-07-20T13:33:19Z

Build a complete inventory List each account, debt and property interest. Gather three to five years of bank statements, tax returns and investment records. Include homes, pensions, 401(k)s, IRAs (Individual Retirement Accounts) and a Thrift Savings Plan. Review stock options and restricted stock units, especially if you work in technology or government contracting. In a high-asset divorce in Virginia, courts generally classify property and debt as marital, separate or partly marital and partly separate. Under the state’s equitable distribution law, a court applies several factors to seek a fair result. The outcome is often not automatically equal.

Trace funds and value major holdings

Separate property can become harder to identify when they mix with marital money. Bank and investment records may show where the separate funds came from and how they entered a joint account. Once you identify each asset’s source, the next issue is often determining its worth. A business valuation in divorce can identify the worth of a company or professional practice. If you own either one, an expert may review cash flow, goodwill and compensation. Appraisers can value real estate, while pension specialists may calculate marital interests in retirement benefits.

Investigate missing wealth

Discovery may include document requests, subpoenas and depositions. You can use these tools to find omitted accounts or transfers. A forensic accountant in a divorce can compare bank activity, company records and tax filings. This review might reveal personal costs paid through a business or efforts to lower reported income.

Evaluate the tax effects

Assets with equal values can produce different after-tax results. Review the cost of selling investments or real estate. Retirement transfers may need court orders, while pension payments can create taxable income. Stock awards raise added questions about timing and value.

Choose a counsel with relevant experience

Complex cases often require both legal and financial analysis. An attorney with experience handling high-asset divorces can coordinate valuation, appraisal and tracing. That background may guide discovery if you suspect hidden property.

Why careful financial review matters

Reliable records and sound analysis can make settlement discussions clearer. Each proposal may affect your available cash and future wealth differently. Comparing those effects can present a more realistic view of the proposed division. A complete review may show what you are likely to retain after taxes and transfers. It can also reduce the risk that an overlooked account may affect the final terms.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[Virginia’s New Sealing and Expungement Laws Take Effect July 1, 2026: What Clients Should Know]]> https://www.mrdfirm.com/?p=47337 2026-07-01T10:13:54Z 2026-07-01T10:02:34Z

On July 1, 2026, Virginia is scheduled to launch a substantially expanded system for sealing certain criminal records. The new framework is not a blanket erasure of all criminal history. Instead, it creates a hybrid system: some records may be sealed automatically, while others will require a petition in circuit court. For many Virginians, the change could reduce the long-term impact of old arrests, dismissed charges, and certain convictions on employment, housing, education, licensing, and everyday background checks. But eligibility will depend on the offense, the disposition, the passage of time, the person’s later criminal history, and several statutory exclusions.

The Big Picture: Sealing Is Expanding, But It Is Not the Same as Expungement

Virginia has long had an expungement process, but it has generally been limited and often required filing a petition. The new laws create a broader sealing regime under Chapter 23.2 of Title 19.2 of the Virginia Code, covering criminal history record information and court records. In practical terms, sealing generally means that covered records are no longer publicly available and may not be disseminated except for specific permitted purposes. It does not necessarily mean the record is physically destroyed, and it does not make the event legally irrelevant in every context. Certain agencies, courts, employers, and official users may still access sealed records when a statute authorizes access. By contrast, Virginia’s existing expungement law remains available in certain circumstances. The new sealing provisions expressly state that automatic sealing of certain misdemeanor non-convictions does not prohibit a person from seeking expungement under existing law.

What Records May Be Sealed Automatically?

One of the most important changes is the creation of automatic sealing for certain records. “Automatic” does not mean every eligible record will disappear instantly on July 1, 2026. The statutes require electronic identification, coordination between the Virginia State Police, the Executive Secretary of the Supreme Court, and circuit court clerks, and entry or implementation of sealing orders or sealing processes.

Certain Misdemeanor Convictions

Virginia Code § 19.2-392.6 provides automatic sealing for a limited list of misdemeanor convictions with offense dates on or after January 1, 1986. The listed offenses include certain misdemeanor violations involving petit larceny, concealment, trespass, marijuana possession, disorderly conduct, and related offenses. identified in the statute. For these convictions, the general waiting period is seven years from the date of conviction, and the person must not have been convicted of another reportable offense during that seven-year period, excluding traffic infractions. A listed conviction is not automatically sealed if, on the same date, the person was also convicted of another offense that is not eligible for automatic sea

What Records May Require a Petition?

Not every record eligible for sealing will be sealed automatically. Many people will need to file a petition in the circuit court where the case was disposed of.

Deferred Dismissals and Certain Convictions

Virginia Code § 19.2-392.12 allows a person to petition to seal certain records involving:

a misdemeanor;
a Class 5 or Class 6 felony;
a felony larceny offense punished under Virginia Code § 18.2-95; or
a charge that was deferred and dismissed,

so long as the offense date was on or after January 1, 1986 and the statutory criteria are met. The petition process is designed to be administered through the Circuit Courts of Virginia. The Commonwealth’s Attorney must be made a party, and the petitioner must request that the Central Criminal Records Exchange forward the petitioner’s Virginia and national criminal history record to the circuit court.

Waiting Periods and Required Findings

For petition-based sealing under Virginia Code § 19.2-392.12, the court may order sealing only if the statutory criteria are met. Among other requirements:

the petitioner must satisfy criminal-history limitations, including no Class 1 or 2 felony and no felony punishable by life imprisonment;
the petitioner must have avoided reportable convictions for the required waiting period;
the waiting period is generally seven years for misdemeanors and ten years for felonies;
restitution, if ordered, must have been paid in full;
the petitioner must not have already obtained sealing of two other deferrals or convictions from different sentencing events under that section; and
the continued existence or dissemination of the record must cause, or may cause, circumstances constituting a manifest injustice to the petitioner.

Related Charges and Ancillary Matters

Virginia Code § 19.2-392.12:1 creates an additional petition route for certain charges, convictions, and ancillary matters related to automatic sealing. For example, a person may petition to seal certain qualifying charges or convictions, and may also seek sealing of specifically identified matters related to a charge or conviction that has already been sealed under specified automatic-sealing provisions. Petitions under this section are not counted against the two-petition lifetime limit that applies under Virginia Code § 19.2-392.12.

What Records Are Not Eligible?

The new laws contain important exclusions. Virginia Code § 19.2-392.12 lists many offenses that are ineligible for petition-based sealing under that section. The exclusions include, among others, certain violent offenses, sex-offender-registry offenses, protective-order violations, hate crimes, certain animal-cruelty and election-law offenses, certain firearm-related offenses, certain offenses involving family or household-member victims, and other specifically listed offenses. The practical takeaway is simple: eligibility must be evaluated charge by charge and disposition by disposition. A person with an old record should not assume that an offense is eligible merely because time has passed, the offense was a misdemeanor, or the person has had no recent convictions.

What Does Sealing Do — and What Does It Not Do?

When a record is sealed, the Department of State Police generally may not disseminate the sealed criminal history record information except for purposes allowed by statute. Court records are also restricted from public online viewing and generally may not be disseminated by the clerk except as authorized. But sealed does not mean inaccessible for every purpose. Virginia Code § 19.2-392.13 permits use or disclosure of sealed records in numerous circumstances, including certain firearm-eligibility checks, law-enforcement and public-safety employment screening, federal-law-required employment inquiries, national-security-related positions, criminal discovery obligations, protective order proceedings, child custody-related proceedings, jury eligibility determinations, pretrial and sentencing uses, and access by the person whose record was sealed.

Is the July 1, 2026 Date Still on Track?

Official state materials currently indicate that the sealing framework is scheduled for implementation on July 1, 2026. The Virginia State Crime Commission has stated that sealing is on schedule for implementation on that date, and the official Code of Virginia chapter identifies the relevant provisions as effective July 1, 2026. Because implementation depends on data matching, court systems, agency procedures, and statutory rulemaking, clients should expect that some records may require review even after the effective date. A person who believes a record should have been sealed automatically may still need to confirm whether the record was correctly identified and processed.

What Should Clients Do Now?

People with Virginia criminal records should consider taking the following steps before July 1, 2026:

Obtain a complete criminal history record. Eligibility often depends on the exact charge, offense date, disposition, conviction date, and later criminal history.
Identify each case separately. One case may include multiple charges, and each charge may have a different disposition or eligibility analysis.
Separate automatic-sealing candidates from petition-based candidates. Some records may be handled through the automatic process, while others may require a circuit-court petition.
Check for disqualifying convictions or same-day ineligible offenses. Later convictions, recent arrests, or convictions entered on the same date as an otherwise eligible offense may affect eligibility.
Confirm restitution and other court obligations. Petition-based sealing may require restitution to be paid in full.
Do not assume sealed means erased. Sealed records may still be available for specific official, employment, law-enforcement, court, firearm, child-custody, and federal-law purposes.

Bottom Line

Virginia’s July 1, 2026 sealing laws represent a major shift for people with certain old criminal records. The new framework may provide meaningful relief for eligible individuals, especially those with qualifying misdemeanors, dismissed charges, acquittals, and older non-convictions. But the system is detailed, offense-specific, and full of exceptions. Our Attorneys, with over 70 years of combined experience navigating the courts of Virginia are here to help anyone looking to have old convictions sealed or expunged. We understand that some matters that may have happened in the past can still be affecting some of life’s most important areas such as employment, housing, education, licensing, and everyday background checks. We can help you navigate the legal remedies available to you and provide counsel to you on such things as eligibility, timing, petition requirements, and the practical effect of sealing or expunging your records.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[5 legal errors that may impact a Virginia criminal conviction]]> https://www.mrdfirm.com/?p=47331 2026-05-29T09:07:41Z 2026-05-29T08:58:44Z

A criminal conviction in Virginia does not always mean your case is over. In some situations, you may have the right to challenge the outcome through an appeal. Still, an appeal does not simply give you a second trial. Instead, the appeals process usually focuses on legal mistakes that may have affected the fairness of your case. Understanding some of the most common appeal issues may help you better understand why certain convictions receive another review.

1. Evaluating the sufficiency of the evidence

One common issue on appeal involves claims that the prosecution did not present enough reliable evidence to prove guilt beyond a reasonable doubt. When you raise this issue, the appeals court reviews the trial record closely. However, appeals courts usually give trial judges and juries broad authority to decide which witnesses seem credible and how much weight certain evidence deserves. As a result, overturning a conviction for insufficient evidence may remain difficult unless the case record shows major problems with the evidence.

2. Reviewing the accuracy of jury instructions

Before jurors begin discussing the case, the judge explains the legal rules they must follow. If those instructions contain mistakes or leave out important legal information, the error may affect the verdict. For example, jurors may receive unclear instructions about the burden of proof or the legal elements required for a conviction. If the appeals court finds that the mistake likely influenced the outcome, the court may order a new trial.

3. Challenging the admission or exclusion of evidence

Appeals also often involve disagreements about what evidence the jury saw or heard during trial. These issues may include:

Statements or documents that should not have been shown to the jury
Defense witnesses or evidence excluded from trial
Evidence gathered through conduct that may have violated constitutional rights

Appeals courts review these decisions under different standards. Some issues receive a completely fresh review, while judges give more deference to other decisions made during trial.

4. Addressing prosecutorial misconduct or constitutional violations

Your appeal may also involve claims that prosecutors or police officers violated important legal protections during the investigation or trial. Potential concerns may include:

Searches or seizures without proper legal grounds
Confessions obtained through pressure or coercion
Violations of your right to a lawyer
Continued questioning after you asked for an attorney

In some situations, prosecutors may also face claims that they withheld evidence helpful to your defense or made improper statements during trial. If those actions affected the fairness of the case, the appeals court may review the issue more closely.

5. Correcting sentencing errors and preserving objections

Sentencing mistakes may happen if the court imposes a punishment outside the limits allowed under Virginia law. Virginia courts also usually require defense attorneys to object to legal errors during trial. Without a timely objection, you may lose the ability to raise the issue later on appeal. Although limited exceptions exist, courts apply those exceptions carefully. In some cases, concerns about your lawyer’s performance may involve ineffective assistance of counsel claims. Virginia law often requires you to raise those claims through a separate post conviction petition instead of a direct appeal.

Potential outcomes of a successful appeal

If the appeals court agrees that a serious legal error occurred, several outcomes may follow. The court may order a new trial, require a new sentencing hearing or dismiss certain charges. Even so, the appeals process focuses on correcting legal mistakes rather than guaranteeing an acquittal. Criminal appeals also involve strict deadlines and detailed court procedures. For that reason, the trial record often plays a major role in the outcome of the appeal.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[Your DUI conviction may not go away: What it means for the future]]> https://www.mrdfirm.com/?p=47124 2026-05-01T21:33:50Z 2026-04-06T05:34:16Z

A single driving under the influence (DUI) conviction in Virginia can follow you for the rest of your life. The record never disappears, stays accessible and never stops showing up when someone checks your background. What happens in court may be just the beginning of consequences that reshape your career, finances and future opportunities.

The permanent nature of DUI records in Virginia

Virginia Code § 19.2-392.5, effective July 1, 2026, allows sealing of some misdemeanor convictions after seven years. However, Virginia Code § 18.2-266 specifically excludes DUI convictions from this option. Traditional expungement under Virginia Code § 19.2-392.2 is only available for charges that ended in acquittal, dismissal or no true bill. This means employers, landlords and licensing boards in Northern Virginia can view your DUI conviction long after it occurred.

Insurance and financial consequences that compound over years

Auto insurance rates typically jump by 50 to 100 percent after a DUI conviction. Virginia requires FR-44 insurance, similar to SR-22 but with double the liability limits, which can raise your annual premium by $526 to $1,500 or more. These higher costs can last three to five years, adding thousands of dollars on top of your court fines and fees.

Employment and professional licensing impacts

Many employers in Northern Virginia's tech and government contracting sectors run background checks that show DUI convictions. The consequences can include:

Immediate termination from jobs requiring driving or security clearances
Denial or loss of security clearances
Suspension or loss of professional licenses in healthcare, law, education and financial services
Rejection from jobs requiring clean criminal records

These barriers can follow you throughout your career, limiting promotions and reducing your income. Landlords also often reject rental applications from people with criminal records, making it harder to find housing in Fairfax, Arlington and Loudoun County.

Why fighting charges matters even when evidence seems strong

The collateral consequences of a DUI conviction frequently cost more than the fine of the crime itself. A skilled attorney familiar with Northern Virginia courts can identify procedural errors or negotiate outcomes that avoid conviction entirely. Get help to secure future opportunities instead of watching them disappear.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[How Prosecutorial Discretion Affects Criminal Cases]]> https://www.mrdfirm.com/?p=46196 2026-04-17T18:52:43Z 2024-08-28T18:35:17Z

Legal Duties of Prosecutors The Code of Virginia states that attorneys (including prosecutors) must abide by specific ethical duties imposed upon them by the laws including a duty to prosecute warrants or indictments. However, the code of Virginia also stipulates that prosecutors may at their discretion prosecute certain violations over others. The Virginia State Bar recognizes that there exists flexibility in the legal system. In some cases, this flexibility is better described as prosecutorial discretion. Prosecutorial discretion means it is up to the prosecution to decide what criminal charges they want to present against a defendant and what evidence they want to disclose. This also means the prosecution has the right to withhold evidence for charges they decide not to pursue against a defendant. However, there are still ethical obligations and considerations to which they are legally bound.

Ethical Considerations

Ethical standards require prosecutors to file charges against defendants in situations where they have probable cause and sufficient evidence. In cases where they know they do not have probable cause or enough evidence to support the charges, it is in the best interest of the state to avoid filing charges and avoid incurring the associated costs of pursuing a legal case that will not end in favor of the state. In many cases, the determination regarding whether or not there is sufficient evidence in a case will be a subjective decision made by the prosecution.

How Prosecutorial Discretion Affects Criminal Cases

Beyond this, prosecutors have a great deal of leeway when it comes to criminal charges. Just because a crime took place does not mean the prosecution is required to legally file charges. Prosecutors need to take into consideration the strength of the evidence and what a fair charge would be given any extenuating circumstances. How prosecutorial discretion affects criminal cases is largely up to the prosecuting attorney. Prosecutorial discretion can change depending on what the prosecution is trying to achieve. To better understand how prosecutorial discretion may impact your criminal charges, consider reaching out to the [nap_names id="FIRM-NAME-1"].

Examples of Prosecutorial Discretion

If the prosecution wants a defendant to plead guilty to a minor crime, but they have circumstantial evidence for a handful of crimes that all relate to the same event, they might charge the defendant with a more severe crime, and use the serious offense as leverage to convince the defendant to admit guilt to the lesser crime. In another example, prosecutors might choose to pursue a specific charge if they believe they can convince a jury to convict the defendant. However, if they believe they lack evidence for that conviction, the prosecutors can choose to pursue a lesser charge.

Different Types of Punishments

The second consideration involves the circumstances around the DUI. DUIs can include convictions for either misdemeanors or more serious felonies. These legal differences can play a substantial role not only in your penalties but also in whether the DUI will impact your professional license. Contempt of Court. Someone who is refusing to testify can be held in contempt of court and placed in jail until such time as they agree to testify. Rehabilitative Punishments. Other punishments are designed to rehabilitate someone to overcome whatever it was that led them to certain crimes. In these cases, a defendant may be ordered to take classes or engage in community service. Retributive Punishments. Retributive punishments are meant to seek retribution for the crime that was committed. This can include imposing a fine or jail time. Community Service. Community service hours as part of the punishment for someone convicted of property damage can serve to give back to society by beautifying that property and compensating for the damage done. Jail Time. Jail time can serve as a way to repay a debt to society and persuade offenders to obey the law going forward. People who have been punished through significant amounts of jail time will hopefully avoid situations that result in that same punishment in the future. Legal Fines. Legal fines can help pay back the legal cost borne by the state for not only the crime itself but the legal proceedings that led to the criminal conviction.

Finding a Legal Balance

There are many situations where fully prosecuting someone to the absolute legal limit for their crimes may not be in the best interest of the defendant or the state. In these circumstances, prosecutorial discretion affects criminal cases in the form of plea deals. In fact, it is for the best interest of the defendant or the state that many prosecutors are willing to enter into plea deals with a defendant.‍ Additionally, the state of Virginia stipulates that there are certain businesses which can lose their license if individuals under their employment are convicted of a felony which, depending on the circumstances, can include a DUI. These businesses include the following:

Plea Deals

Plea deals can take the form of a defendant pleading guilty to their charges, and in exchange for their guilty plea, they receive a punitive punishment such as jail time or fines.

Charges of Lesser Crimes

A prosecutor can also look at the evidence and make the decision to convict a defendant of similar but different crimes. For example, the same situation and evidence could be construed as assault and battery or it could be construed as malicious wounding. Another scenario would allow a prosecutor to charge either joyriding or grand theft auto. Again, the actual criminal charge is completely up to the prosecutor in every criminal case.

Virginia Criminal Law

The Virginia State Bar gives attorneys the power to prosecute crimes in such a way that it remains in the best interest of the defendant and the state. The prosecution has a great deal of power to charge a defendant in a variety of ways. That said, it costs the state money to prosecute a defendant, and costs even more for the state every time a defendant goes to jail. Therefore simply convicting every alleged criminal and sending them to jail is not in the best interest of the state. Prosecutors can look at the information in a given case and determine that the defendant would be better off attending rehabilitative classes or undergoing community service. This is particularly relevant in situations where there is no criminal history and the crime in question might have been a one-time mistake.

Contact a Criminal Defense Attorney Today

If you want to learn more about how prosecutorial discretion affects criminal cases, and how prosecutorial discretion may benefit your criminal case, contact [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-REGULAR-NUMBER-3"], we can provide a consultation to review your situation and prepare you for your next steps.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[How DUIs Impact Licensed Professionals]]> https://www.mrdfirm.com/?p=46191 2026-03-03T06:14:33Z 2024-08-28T18:28:45Z

How DUIs Impact Licensed Professionals Being convicted of a DUI can impact your freedom, quality of life, and your entire professional career. There are many professional licenses throughout the state of Virginia which require holders to maintain what is called “good moral character.”

New Virginia Residents

The Code of Virginia Section 54.1-204 states that a new professional to the state of Virginia is not allowed to be refused a new license solely because a professional was previously convicted of a DUI, unless that conviction relates directly to the occupation in question. With a DUI conviction, this would pertain to any job where you have a Commercial Driver’s Licence (CDL) and drive a large vehicle, such as a tractor-trailer.

Current Virginia Residents

If you currently have a professional license in the state of Virginia, a regulatory board can review the nature of your DUI as it relates to your occupation and make decisions to revoke your license, temporarily suspend your professional license, place you on probation, or issue some other form of punishment. Exactly how DUIs impact licensed professionals is contingent upon a handful of factors such as:

The nature of your profession
Whether you are arrested or convicted of a DUI
The circumstances around the DUI

Arrest or Conviction

The first consideration regarding how a DUI will impact a professional in the state of Virginia is whether it was a DUI arrest or a DUI conviction. Being arrested for a DUI simply means police officers have a reasonable suspicion or probable cause for the arrest. A conviction means you were legally charged with committing the crime of driving under the influence of drugs or alcohol. In most situations being arrested for a DUI is not grounds to rescind or revoke your license, however, being convicted of a DUI may provide substantial grounds to revoke a professional license.

The Circumstances Around the DUI

Your Specific Professional License

The Institute for Justice found that 1 in 5 people require a professional license to work. A professional license includes medical licenses, nursing licenses, pilot’s licenses, CPA licenses, real estate licenses, and teaching licenses. Receiving a DUI conviction can potentially impact the following licensed professionals:‍

Doctors
Nurses
Surgeons
Pharmacists
EMTs or Paramedics
Chiropractors
Acupuncturists
Therapists
Dentists
Pilots
CDL Holders
Teachers
Social workers
Police Officers
Lawyers

Additionally, the state of Virginia stipulates that there are certain businesses which can lose their license if individuals under their employment are convicted of a felony which, depending on the circumstances, can include a DUI. These businesses include the following:

Small loan providers
Sales finance companies
Check cashing businesses
Collection agencies
Debt adjusters

If you, or someone within your organization, has recently been convicted of a DUI, you might consider asking for professional, legal counsel from the Law Office of Faraji A. Rosenthall.

Medical Professionals

Anyone with a medical license through the Virginia Department of Health Professions will be reviewed periodically by the Board of Medicine. This Board of Medicine can deny your rights to practice in the state of Virginia if you have been convicted of a felony or if you have been convicted of any crime that called into question your good moral standing. A first time conviction for a DUI is not likely to be a felony but the Board of Medicine can still review whether the DUI reflects a lack of good moral standing. It is important to note that you do have the right to appeal any decision made by the board.‍ As a result, the famous 2018 Supreme Court decision determined that in order to protect the privacy rights of citizens in a digital era, such long-term data collection and cell phone location records require a warrant.

Nurses

For nurses, the Virginia Board of Nursing can deny or revoke nursing licenses if the individual is convicted of a felony, a misdemeanor involving good moral standing, or convicted of a DUI that the Board of Nursing can prove demonstrates the nurse in question is unsafe to their practice.

CPAs and Real Estate Professionals

For CPAs and Real Estate brokers or agents, the Department of Professional and Occupational Regulation, Board of Accountancy or Real Estate Board have the same requirements for good moral character and can revoke a professional license if a person is convicted of dishonest crimes or felonies. It is important to note that DUIs typically do not typically fall under this category. However, there may be additional circumstances in your specific situation related to your DUI conviction which may give a professional board the ability to revoke a license.

Contact an Attorney Regarding Your Legal Rights After a DUI Charge

A DUI conviction can have lasting impact on your career. Years of professional training and education can be taken away almost overnight. If you are dealing with a DUI arrest or charge, consider visiting with an experienced DUI attorney to learn how DUIs impact licensed professionals and how it may impact you. Contact our legal team today to learn more about the regulations for your field and your professional license. When you reach out to [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-REGULAR-NUMBER-3"], we can provide a consultation to review your situation and prepare you for your next steps.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[Can The Police Obtain Cell Tower Location History Without A Warrant?]]> https://www.mrdfirm.com/?p=46186 2026-03-03T06:14:43Z 2024-08-28T18:20:44Z

Can The Police Obtain Cell Tower Location History Without A Warrant? In most cases, police officers and law enforcement is legally required to obtain a warrant in order to collect the cell tower location history of any person. However, historically, that has not always been the case which leads to a great deal of confusion among both police officers and potential defendants.

The Third-Party Doctrine

The Third-Party Doctrine was established in 1976 and again in 1979, in which the federal government confirmed that people have no legitimate expectation of privacy if they voluntarily turn over their data to third parties. In the case of Smith v. Maryland, police obtained telephone records of all the calls made by a defendant without a warrant. The ruling favored the warrantless collection of telephone data. This became a significant legal issue when smartphones became commonplace, and more than just dialed phone numbers could be collected when records of smartphones were requested.

United States v. Graham

In 2012, the issue of location data from cell phones manifested in a case where police obtained historical cell phone location data without a warrant. In the case United States v. Graham, the courts argued that historical cell phone location data did not fall under the protection of the Fourth Amendment. Moreover, this ruling reinforced the notion that people who voluntarily disclose their information to third parties do not receive fourth amendment protection.

United States v. Jones

In a similar case a few years later, location data was tracked through GPS devices without a warrant. In the case United States v. Jones, the courts determined that using a GPS device to track location data without a warrant was a violation of the Fourth Amendment of the United States Constitution.This decision concluded that any evidence obtained without a warrant cannot be used in court. However, in this case, police officers had installed a GPS device on the defendant’s car. The then-Associate Justice Sonia Sotomayor explained that in a digital age people reveal a lot of their personal data to third parties while conducting otherwise mundane tasks and the notion that police can use GPS trackers without a warrant needed to be revisited.

CSLI

Today, every cell phone regularly scans the area in which it is located for nearby towers. These cell phone towers have antennas that provide the best possible signal. However, in so doing this means every cell phone produces a time-based record for every connection it makes to a cell tower. That record is referred to as “cell site location information” or CSLI. Using this information just about anyone can make a determination regarding a person’s location.

Current Law: Warrants Needed To Obtain Cell Tower Location History

In 2018, the United States Supreme Court Chief Justice John G. Roberts Jr. stated that the Federal Courts would not give states unrestricted access to wireless databases of cell tower location data. It was decided that cell phone location history falls under the 4th Amendment of the U.S. Constitution.‍

DUI Conviction

A DUI conviction indicates that a person is legally guilty of committing the crime of driving under the influence of drugs or alcohol. If convicted of a DUI, a defendant receives a sentence in the form of fines, jail time, revocation of their driver’s license, or all three.

Immigration Applications and Good Moral Character

A critical component to an immigration application according to the United States Citizen and Immigration Services is having ‘good moral character’ or GMC. Generally, anyone applying to become a citizen of the United States has to prove that they have good moral character, have had a good moral character for 5 years prior to filing, and retain good moral character until such time as they provide their oath of Allegiance to the United States. This means police or law enforcement need probable cause in order to request a warrant and they are not legally allowed to search cell phone tower location history without a warrant. If the police obtained cell tower location records without a warrant or in an illegal fashion, consider visiting with our experienced defense attorneys at the Law Office of Faraji A. Rosenthall to learn more about your Constitutional rights.

Court Cases That Indicate Warrants Are Needed To Obtain Cell Tower Location History

In the case of Carpenter v. United States, it was disclosed that a series of armed robberies took place over the span of a few months. In this case, the defendant was prosecuted for planning the robberies, providing weapons, and serving as the lookout in front of each electronic store that was targeted. The police were able to gain insight into his whereabouts and tag his location near each of the targeted stores through CSLI. However, all of the cell tower location history data occurred over several months and was collected without a warrant. As a result, the famous 2018 Supreme Court decision determined that in order to protect the privacy rights of citizens in a digital era, such long-term data collection and cell phone location records require a warrant.

Exceptions To the Warrant Requirement

There are specific exceptions laid out by the Supreme Court in which a police officer would be allowed to obtain cell tower location history without a warrant. Police officers are allowed to legally obtain cell tower location information without a warrant if:

They are gathering real-time location information for an ongoing investigation
They are requesting records for a short time frame, fewer than four months
They are gathering data in response to an emergency such as child abduction, active shooting situation, or a bomb threat
They are gathering information about any cell phone connected to a single tower at one time

Contact an Experienced Defense Attorney Today

The crossover between Federal rulings and state law can make it difficult to understand when the police can obtain cell tower history without a warrant. If you are involved in a case where cell tower location history was collected, consider reaching out to an attorney to understand your legal rights and ensure they remain protected. When you reach out to the [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-2"], we can consult with you regarding your specific situation, what defenses are possible, and answer any legal questions you may have.]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[How A DUI Can Impact An Immigration Application]]> https://www.mrdfirm.com/?p=46181 2026-03-03T06:14:49Z 2024-08-28T18:11:04Z

Current Immigration Status Knowing how a DUI can impact an immigration application starts by understanding your current immigration status in the United States.

Undocumented

If you are undocumented and do not have the legal right to be in the United States, and are convicted of a DUI, this can result in deportation or at the very least mark on your record that will later be disclosed when you file an immigration application

Green Card Renewal

If you have a green card and are up for renewal, a single DUI conviction may not result in a denial of your application or deportation, but a second DUI conviction will increase your chances of denial or deportation.

Applying for a Green Card or To Be a Permanent Citizen

If you are applying for a green card or permanent status as a citizen of the United States, and you are convicted of a DUI, it can influence one component of your application. However, if it is your first DUI offense it may not result in an automatic denial or a significant change to your current proceedings.

DUI Arrest versus Conviction

A key delineator when it comes to a DUI and immigration status is whether there was a DUI arrest or a conviction. A DUI arrest on its own is not typically enough to trigger a subsequent review of your moral character and your immigration application but a DUI conviction would have a much greater chance of impacting your immigration status in the United States.

DUI Arrest

An arrest for a DUI does not mean that a person is legally guilty of committing a DUI crime, it simply means that a person is suspected of committing a crime. If you are arrested for a DUI, consider reaching out to an attorney at the Law Office of Faraji A. Rosenthall. Our experienced DUI attorneys can help answer all of your legal questions and ensure your rights remain protected. A DUI arrest simply means the police officers had probable cause to suspect that you were driving under the influence of drugs or alcohol, but you can challenge the evidence and present a legal defense in order to try and get the DUI charges dropped or reduced.

DUI Conviction

Immigration Applications and Good Moral Character

Incarceration for a crime 180 days or longer

Any conviction, or judge-ordered form of punishment, even if you entered into a plea deal, will necessitate a review of your immigration application. When a legal conviction happens, police officers can review the situation as it applies to the good moral character component of an immigration application.

Other Circumstances

There are other circumstances that will be considered when an immigration officer reviews the DUI conviction. If other charges were brought against you and you were convicted of those charges, they may be taken into consideration by the immigration officer reviewing your immigration application. Good moral character is meant to determine individuals whose character is similar to those who are already United States citizens. To that end, charges of reckless driving or illegal drug use in addition to a DUI charge can serve as aggravating factors. Driving without a driver’s license, causing injury to others, or driving under the influence of drugs or alcohol with a child in the car might also be viewed as pointing to a bad moral character because it represents a disregard for the safety of others.

Immigration Application Considerations

The U.S. Department of Homeland Security United States Citizen and Immigration Services released a new policy in 2019 on the impact of charges like a DUI and immigration status.‍ In the case of Castillo-Perez, the United States Justice Department ruled that two or more convictions of DUIs violated the requirements of “good moral character” on immigration applications. This falls under the aforementioned good moral character component whereby you are convicted for two or more of the same offenses within a 5-year period. However, beyond that, the impact a DUI conviction will have on your immigration application is up to the officers reviewing the conviction as it extends to the good moral character component.‍

Contact an Experienced Defense Attorney Today

Every situation is different and the circumstances surrounding your DUI arrest or conviction will play a serious role in determining your moral character and determining the status of your immigration application. Knowing how a DUI can impact an immigration application is important to your current application, and your peace of mind. If you were arrested for a DUI or recently convicted of a DUI, consider consulting with an experienced criminal defense attorney at the [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-REGULAR-NUMBER-3"].]]> On Behalf of McClain Rosenthall Davis, PLLC <![CDATA[Virginia Theft Crimes]]> https://www.mrdfirm.com/?p=46179 2026-03-03T06:15:17Z 2024-08-28T18:01:23Z

VIRGINIA GRAND THEFT LARCENY One of the most serious Virginia theft crimes is that of grand theft larceny. The recently amended law Virginia Code § 18.2-95 defines grand theft larceny as any theft of property with a value greater than $1,000. (Previously, the law allowed grand theft larceny charges for theft of property with a value over only $200.) However, there are circumstances in which a person may be charged with grand theft larceny if they take an item directly from a person (such as pickpocketing.)

PENALTIES FOR GRAND THEFT LARCENY IN VIRGINIA

Grand theft larceny is a felony in the state of Virginia, and if convicted, a person faces a mandatory minimum of one year in prison and up to 20 years. Additionally, the court could fine the defendant charged with grand theft larceny up to $2,500.

CONSPIRING TO COMMIT GRAND THEFT LARCENY IN VIRGINIA

Also, under Virginia Code § 18.2-23(b), any person that plans to commit grand larceny or helps conspire to commit grand theft larceny in Virginia can be charged with conspiring to commit grand theft larceny, which is also a felony and carries with it the similar penalties as if the defendant committed grand theft larceny.

GUN THEFT AND GRAND THEFT LARCENY

If any person steals a gun in the state of Virginia, they may be charged with grand theft larceny. Additionally, the failure to report a missing gun could also lead to charges against the gun owner if the weapon is used at a later time in the commission of a crime.

LARCENY WITH INTENT TO SELL

If a person steals anything in the state of Virginia with the intent to sell that item, the penalties are a prison sentence of 2 years to 20 years.

DEFENSES TO VIRGINIA THEFT CRIME CHARGES

Any conviction of a Virginia theft crime can result in the inability to advance your education, rent an apartment, or develop a strong career. Theft is a crime of dishonesty, and as such, it can create a negative impression on your permanent record that can follow you personally as well as professionally. Defending a Virginia theft crime charge is critical to ensuring you not only receive justice but also protect your future.

INTENT

One of the strongest defenses to Virginia theft crime charges includes arguing against the prosecution’s claim that the defendant intended to steal the items in question. An experienced criminal defense attorney will conduct an independent investigation to develop arguments using evidence that indicates that the defendant had no actual intention of permanently depriving the alleged victim of their property. In other cases, a defense attorney can attempt to argue that the defendant honestly believed that the property in question was theirs, or that they believe the owner of the property intended to give the property to them.

VALUE

Another defense to Virginia theft crime charges is that of value. A defendant can argue that the property in question was not valuable enough to warrant a larceny charge in Virginia. Depending on the actual item taken, using the defense of the value of the property can allow a defendant to receive a reduced sentence or a dismissed charge.

ROBBERY

Robbery is a form of larceny that involves the threat of violence or actual violence. Weapons are not required for the charge of robbery, instead, any kind of threat of physical force or intimidation could lead to a robbery charge if those threats are in conjunction with stealing property.

PENALTIES FOR ROBBERY

Under Virginia Code §18.2-58, the penalties for robbery can include 5 years to life in prison. Additionally, if a defendant has three robbery convictions in the state of Virginia, it can lead to a sentence of mandatory life in prison.

DEFENSES TO VIRGINIA ROBBERY CHARGES

An experienced criminal defense attorney can help a defendant argue that there truly was no violence or intimidation used during the course of the larceny. A prosecutor has the legal responsibility to prove beyond a responsible doubt that the defendant actually used violence or intimidation in the course of the theft. Consider visiting with our attorneys at the Law Office of Faraji A. Rosenthall to learn more about your legal rights and your defense options if you were charged with robbery in the state of Virginia.

BURGLARY AND BREAKING AND ENTERING

In the state of Virginia, burglary is defined as entering a building or residence without the owner’s permission in order to commit a crime inside of that property. Breaking and entering is part of the crime of burglary.

PENALTIES FOR BURGLARY AND BREAKING AND ENTERING IN VIRGINIA

If a person enters a building or residence without the owner’s permission with the intent to commit a robbery (theft), murder, rape, arson, or other crime, they may receive a Class 3 felony charge, which is punishable by a minimum of 5 and up to 20 years in prison along with a fine of up to $100,000. If the person commits burglary and intends to commit a crime other than those listed above, the penalty may be less than 12 months in jail or up to 20 years in prison, depending on the facts and circumstances of the case. If a defendant is carrying a weapon at the time of the burglary, the charge may be increased to a Class 2 felony.

DEFENSES TO BURGLARY AND BREAKING AND ENTERING IN VIRGINIA

The possible punishments of burglary become more and more severe depending on the intent of the defendant once inside a building or residence without an owner’s permission. Defenses to a burglary in Virginia include the absence of actual evidence regarding breaking and entering or failure to prove the intent of the defendant once they were inside of the building or residence.

CONTACT AN EXPERIENCED VIRGINIA THEFT CRIME ATTORNEY

Any type of conviction related to a theft crime in the state of Virginia can lead to serious, life-long consequences. If you have not already consulted with an experienced defense attorney, consider retaining a lawyer to represent you in your theft case. At the [nap_names id="FIRM-NAME-1"], our experienced lawyers have represented many clients charged with theft crimes, and we fight to protect their legal rights. With years of experience in criminal law, our attorneys know which defenses to raise and what pitfalls to be aware of. Call us at [nap_phone id="LOCAL-REGULAR-NUMBER-3"] to set up a free consultation and ensure your legal rights remain protected.]]>