The Virginia Criminal Lawyer Website and Blog has been created to serve as your source of Virginia defense information and support throughout the process of fighting a Virginia criminal charge. Being arrested for a Virginia criminal charge can be confusing and complex. As soon as you are charged with a crime, you should strongly consider contacting a Virginia criminal defense attorney.

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August 13, 2010

Former Chuck E Cheese Worker Denies Child Pornography Allegations in Fairfax County

A 20-year-old former Chuck E Cheese employee who has also worked with the Boys and Girls Club of Frederick County has been charged with 15 misdemeanor counts of possessing child pornography. Artes Levelle Diggs calls the allegations that he was found in possession of images showing boys under the age of 16 engaging in sexual acts "out of control" and claims that the images came to be on his computer while he was still a child himself.

Diggs has been assigned a Virginia Criminal Lawyer by the state, and denied the charges to press, saying:

"(Police) found stuff that was on my computer when I was a child. It was old stuff."

Diggs first became the subject of an investigation back in December, when Fairfax County police were alerted to a case of alleged child exploitation. Two illicit photographs and a phone number were posted for a 17-year-old boy on Craigslist, and the teen in the pictures told police he'd been chatting with a person online known to him only as "Artes." Contact between the two is said to have lasted several weeks, during which time Diggs is said to have asked the minor to engage in sexual acts using a webcam. When the teen attempted to cease contact with "Artes," the man threatened to post the pictures publicly if the victim discontinued contact.

When approached by police on December 30th of last year, Diggs admitted to possessing the images, but denied that the relationship was inappropriate or that he is a danger to children:

"I love children," he said. "I would never touch a child. This is all happening because of a fight with a guy."

A Fairfax District Court hearing regarding Diggs' case was originally scheduled for July 20th, but has been canceled after prosecutors filed to have the case heard in Fairfax District Court. A date for the trial has not been set, but each count carries a maximum of five years in prison and a $2,500 fine.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

August 4, 2010

Two Arrested After May 7-Eleven Robbery

After nearly three months of collaboration between law enforcement officials in Virginia Beach and Norfolk, police have arrested two men for a 7-Eleven robbery in early May. Police spokesman Adam Bernstein said that two men entered the Euclid Road location in Virginia Beach on May 2nd, armed with knives. The suspects are said to have demanded money from the store's staff, and fled with cigarettes and lottery tickets. No one was injured in the incident, and the amount stolen from the store has not been disclosed by law enforcement officials.

Police say that a third man assisted in both the commission of and getaway from the crime. Shortly after the incident, detectives in Virginia Beach working with Norfolk police arrested 23-year-old Ervie Lee Smith of Modoc Avenue in Norfolk. Smith was charged with robbery and use of a mask. Law enforcement in Virginia Beach and Norfolk continued investigating the crime, and on July 22nd, brothers Krystoffer Marquis Holmes, 22, and William Kirkland Holmes, 18, were identified as the two remaining suspects.

The elder Holmes was apprehended at his place of employment, and was charged with robbery and conspiracy. His younger brother was taken into custody at his home, and was charged with robbery and use of a mask. It is unclear whether any of the three suspects have been assigned or retained a Virginia criminal lawyer. Smith was jailed in Norfolk, and Krystoffer Jolmes and William Holmes are both being held at the Virginia Beach Correctional Center without bond.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC DWI websites.

August 3, 2010

Fairfax Man Killed in Robbery During Business Trip

Jing Hong Kang- a father, husband and Virginia Tech graduate from Fairfax, Virginia who was visiting California for an interview with Google, was killed during a robbery while on his trip. Kang, 45, was born in Beijing, but was educated in the states, and was just hours away from his interview at the top-tier tech company when he was gunned down by two armed men who demanded money.

Kang had traveled to Oakland Sunday for the Monday morning interview. He was with a friend, who has not been named, and the pair were programming directions to Google into a rental car's GPS at around 11:30 PM. Around that time, two perpetrators are said to have approached the vehicle. Police in Oakland say that the incident appears to be a bungled robbery:

"Through our preliminary investigation, it appears it was a robbery gone bad. We are looking for two African American suspects," said a police officer.

Neighbors in Kang's "quiet" neighborhood back home in Fairfax expressed shock and horror at learning his murder to local press outlets. Wife Wendy, with whom Kang had three sons, says the two were coming up on their 20th anniversary:

"He was the best father and the best husband and the center of our home. We all loved him."

Google released a statement about Kang's murder, expressing condolences to his family:

"We were saddened to hear the news. Our hearts go out to Jing Hong Kang's family in this difficult time."

Police in Oakland are said to be looking for suspects in the robbery turned murder, and a $20,000 reward for information in the Fairfax man's death is currently being offered.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

August 2, 2010

Illegal Immigrant Charged in Nun's DUI Death

A Prince William County's prosecutor is seeking to upgrade charges against an illegal Bolivian immigrant after a fatal DUI crash, and Commonwealth's Attorney Paul Ebert has stated to press that he is more interested in seeing the suspect prosecuted for the crime than deporting the man. Ebert intends to ask a grand jury to upgrade charges against 23-year-old Carlos Martinelly Montano to felony murder, which carries a possible sentence of 40 years behind bars.

Montano was arraigned August 4th on charges of involuntary manslaughter and driving on a revoked license .Montano emigrated to California from his native Bolivia as a nine-year-old, and Ebert commented:

"I've decided I'm not interested in a criminal's immigration status. If he commits the crime here, then he has to pull the time here."

Since 2006, Montano has been convicted twice of DUI, as well as various other moving violations. Following his previous convictions, officials in Prince William county officials notified U.S. Immigration and Customs Enforcement of the arrests. As Montano was not marked as a violent offender, ICE officials indicate that deportation proceedings were not "fast tracked." Officials expressed frustration at the ICE's failure to prevent the tragic accident Sunday morning resulting in the death of Sister Denise Mosier and injury to two other nuns with whom she was traveling.

Corey Stewart, chairman of Prince William County's Board of Supervisors, said:

"We handed him over to the feds assuming he would be deported, but instead federal authorities released him back into the neighborhood and he killed a nun. We feel like we are beating our heads against the wall."

It is unclear whether Montano has been assigned or retained a Virginia DUI lawyer to face the charges against him. He is scheduled to appear in court on October 13th, and is currently being held in Prince William-Manassas regional jail without bond.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland Criminal Lawyer and DC Criminal Lawyer websites.

July 23, 2010

Former Virginia Beach Sheriff's Deputy Convicted of 2nd DUI, Sentenced to Six Years

A woman who lost her job as a sheriff's deputy in Virginia Beach after a January 2009 arrest for driving under the influence has been sentenced to six years in prison after a subsequent DUI collision just two months later. Twenty-four year-old Lisa Marie Schettler, of Virginia Beach, is said to have been intoxicated when she collided head-on into a car carrying Donald and Elaine Gay in March 2009.

Schettler registered a BAC (blood alcohol content) of 0.44 on the night of the collision and maintains that she has no recollection of the events leading up to the accident or the incident itself. Schettler collided with a Ford Flex carrying the Gays after her vehicle crossed a double yellow line on March 9th of last year. Both Schettler and the couple were injured in the accident on Birdneck Road in Virginia Beach.

Judge Edward W. Hanson, who handed down Schettler's sentence, commented on the incident leading to the former law enforcement official's arrest:

"This is a tragic case. Such reckless disregard for others demands serious punishment."

Schettler pled guilty to one count each of "driving reckless under the influence where the victim was permanently impaired" and "DUI second conviction within five years." Judge Hanson sentenced her to five years for the DUI and an additional year for the second offense charge. A year and a half of the sentence was suspended pending supervised probation and ten years of good behavior, and Schettler's license was revoked. A DUI arrest is a serious charge carrying long-term consequences. Especially in circumstances where a previous DUI charge has occurred, finding an experienced Virginia DUI lawyer can help procure the most favorable outcome for your case.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

July 21, 2010

Man in High Speed Chase That Killed Pastor Will Serve 13 Years

A man who led Henrico County police on a high-speed chase through Richmond that caused the death of a pastor from Church Hill has been sentenced to 13 years in jail. Twenty-seven-year-old Darryl Harris was pursued by officers at speeds estimated at 90-100 mph during the incident on residential streets in Richmond's East End. Richmond's Commonwealth's Attorney Michael Herring called the man's actions "beyond reckless."

The incident, which began when Harris fled a police checkpoint on March 24th, has raised questions about the merits of chasing suspects at high speeds in areas considered to be residential. Of police speeds during the chase, Herring said:

"I don't want to render an opinion on whether they were driving recklessly."

"No citizen wants any car -- even a police car -- traveling through a residential area at speeds north of 90 mph. People also, though, expect the police to catch criminals."

After fleeing the checkpoint, Harris' car slammed into a pickup truck driven by Apostle Anthony Taylor, who was ejected from his vehicle and crushed by it. Harris pled guilty in Richmond on July 14th to hit-and-run, aggravated involuntary manslaughter and felony eluding police as well as entering guilty pleas in Henrico for Ecstasy possession and possession of a firearm while in possession of a controlled substance. Under the terms of a plea agreement, Harris received 10 and a half years for the charges in Richmond and two and a half years for the Henrico charges for a total of 13 years in prison. Prosecutors in Richmond withdrew charges of driving under the influence second offense and second-degree murder in exchange for the plea.

Both Herring and Harris' Virginia criminal lawyer commented to the press about the decision to reach the plea agreement. Herring conceded that convincing a jury to convict the man on a second-degree murder charge might be difficult considering that police retained Harris' license and could have located him without giving chase. Harris' lawyer said the case "posed a risk for going to trial."

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

July 19, 2010

Charges Considered in Boating Death of Woman Whose 7-Year-Old Son Piloted Vessel

Occasionally, charges are filed due to behavior that is not intentionally criminal, but where negligence or recklessness has lead to prosecution.

A recent fatal boating accident in Hampton has prosecutors examining whether to file charges, and against whom, after the death of 35-year-old Elizabeth Elliott in a boating accident. Elliott was aboard a 20-foot boat with several adults and her seven-year-old son when the accident occurred. The unnamed child was reportedly at the boat's wheel when the vessel struck a pier. According to Virginia Marine Resources Commission spokesman John Bull, Elliott was seated at the front of the boat when she was thrown from the craft and suffered severe head and chest trauma.

After the incident, Bull told press that it is not against the law in Virginia for a child to pilot a boat. As a Virginia criminal attorney is well aware, adults responsible for the consequences of a child's actions are not exempt from prosecution. Bull told press that an adult present at the accident could be charged with reckless boating. Bull said:

"We are trying to find out what chain of events, what mental process, resulted in the decision to allow this 7-year-old to operate a boat in a narrow channel of the Hampton River.

"It's still an open-ended question whether laws were broken."

Virginia Marine Police are investigating the incident and the results of the investigation are expected to be complete by the end of this week. Starting in 2011, people aged 20 or younger will be required to complete a boating safety course prior to operating a boat.

This article is present by The Law Office of David Benowitz. For more information please visit our Maryland Criminal Lawyer and DC Criminal Lawyer websites.

July 17, 2010

Toddler Dies, Father Charged After Fatal Single-Car Crash in Damascus

A two-year-old boy has died and his father is under arrest for driving under the influence after a single car crash on McCann Road in Washington County, Virginia. Twenty-six-year-old Philip Derek Watson was driving his 1993 Toyota Tacoma on State Route 788 in Damascus on July 15th when the vehicle veered off the left-hand side of the road and struck a culvert, flipping over and sliding on its roof. The car then collided with a mailbox and a tree.

Watson's toddler, Philip Ethan Watson, was strapped into a car seat at the time of the crash, but nonetheless died at the scene. The elder Watson, who was wearing a seatbelt, refused medical treatment despite having suffered "minor injuries." Watson was released from the Southwest Virginia Regional Jail on bond, and Virginia State police say the circumstances of the incident are under investigation and that further charges are pending.

The spot where the fatal crash occurred just before 2am that Thursday is already marked with a white cross from a previous fatal crash in the same location. The owner of the property where the cross was erected, Steve Lovins, commented on the stretch of road where a 16-year-old girl lost her life in a similar crash:

"It's 45 mph, but it might as well be 60," he said of the road. "I hate to see it happen, but I know they're going to."

Family and friends gathered at the Watson residence after the tragedy, and a woman present at the home would comment only to say that the incident was "devastating to everyone." Washington County Commonwealth's Attorney Dennis Godfrey told press that his office was still "fact gathering" to determine the circumstances surrounding the crash, and charges against Watson could be "enhanced." It is currently unclear whether Watson has been appointed or has retained a Virginia DUI attorney to face the charges against him.

According to Lovins, residents on McCann road are still "shaken" by the incident.


"It's a tragedy," Lovins said. "See all they can do, babies, is depend on you. They don't have any say in what happens to them. And look what happened to his one."

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

July 3, 2010

Judge Revokes Bond, Orders Defendant to Jail After Alleged Drunken Court Appearance for DUI

A busy Virginia DUI attorney is aware of the trepidation some clients feel when appearing in court to face charges of DUI (driving under the influence) or DWI (driving while intoxicated.). During a recent plea hearing in Augusta County, a man charged with driving under the influence was jailed and his bond revoked after the defendant was found to have a blood-alcohol level of 0.25 at his court appearance.

Sean A. Stanton, 34, planned to plead guilty at the June 16th hearing, according to his Virginia DUI lawyer. Stanton's lawyer explained that his client was "trying to calm his nerves" and believed he was "going to jail (that day)" after a probation officer smelled alcohol on him and a baliffbailiff measured the man's blood alcohol content at three times the legal limit to drive in the state of Virginia.

Augusta County Judge Jay T. Swett ordered Stanton be incarcerated at Middle River Regional Jail in Verona and revoked the man's bond. Judge Swett addressed the defendant before he continued with the plea hearing:

"It was brought to the court's attention that you may be inebriated, that you're intoxicated," Swett said.

Stanton shrugged. "You can go on."

Stanton was charged following an accident on May 30th, 2009. State police say the defendant drove his 1997 Toyota Tacoma into three motorcycles, one with two passengers, on Route 250 in Deerfield. Stanton and the four motorcyclists were injured. He was charged with three counts of assault and maiming while driving under the influence and a single count of driving under the influence.

While awaiting trial or acceptance of a plea in a DUI/DWI case, it is important to be aware of the conditions of bail. An experienced Virginia DUI lawyer can advise you as to which circumstances or actions might cause bail to be revoked.

July 1, 2010

Fairfax County Man Charged in Double Homicide

A Virginia criminal lawyer often has firsthand knowledge of the sobering statistics surrounding domestic violence and the military. The rate of deaths resulting from domestic violence incidents domestic violence incidents and resulting deaths are often far higher in military populations; and. Aa report from 2008 indicates that more than 150 cases of fatal domestic violence or child abuse in the US involving service members and returning veterans were recorded between the invasion of Afghanistan in 2001 and the 2008 report. A double homicide that first came to light on Monday, June 14th in Fairfax County seems to be a part of fall into that trend.

Retired Army lieutenant colonel Kenston K. Yi, 49, entered the emergency room at DeWitt Army Community Hospital on the Fort Belvoir Army base in Fairfax County shortly after 8 a.m. on June 14th. According to an affidavit by Fairfax homicide Detective Robert Bond, Yi initially told a doctor that he had taken the sleep aid Ambien and that he wanted to cause himself harm. Yi then requested a visit with clergy, and confessed to a minister that he had strangled his wife and daughter in their home in Lorton. Yi did not request a Virginia criminal attorney at that time.

Police investigated Yi's claims, and found the door to his apartment closed but not locked. Inside the apartment, law enforcement officials discovered the bodies of Hyon Yi, 47, and Joy Yi, 15. Autopsies performed on Tuesday indicate that the elder Yi died of blunt force trauma, while the younger Yi was asphyxiated. Police declined to provide specific details regarding the injuries suffered by the Yi women.

Kenston Yi retired from the Army in August after 30 years of active duty. He attended and graduated from West Point, and worked mainly in IT prior to his retirement. In recent years, Yi was part of the staff for the Chief Information Officer of the National Guard Bureau in Arlington, according to Army officials.

The retired Army lieutenant colonel did was not present at his June 15th arraignment, as he remained hospitalized after expressing suicidal thoughts. Yi did not have retain a Virginia criminal lawyer, and Fairfax Juvenile and Domestic Relations Court Judge Teena Grodner assigned a public defender to his case. Because the victims are Yi's wife and daughter, the case is being heard in domestic relations court. Information regarding future court appearances for Yi is not currently available.

June 29, 2010

Trial Set in Henrico County Hit-and-Run DUI Case

A busy Virginia DUI attorney can tell you that the statistics surrounding subsequent DUI convictions for prior offenders are sobering. Nearly six out of ten people convicted of DUI have a prior conviction on their record, and a recent hit-and-run DUI case in Henrico County appears to bear this out.

Meta Darlene Hall, 48, will be tried in September on charges related to a May 19th incident during which she allegedly struck a construction worker in a work zone on I-95. Hall is said to have fled the scene and later stated that she believed she had struck a cone with her car.

Hall was present at a preliminary hearing at Henrico General District Court on June 21st, at which the construction worker, 27-year-old Brian Fitzgerald, described the effects the incident has had on his life. Fitzgerald said he was "in shock" and had "passed out" after Hall allegedly struck him with her vehicle, and that he suffered a wrist injury that may be permanent. The worker remains in a cast more than a month after the incident, and he told the court that he will soon undergo a second operation on his wrist. A second witness, Dwayne Sampson, reported being "stunned" when Hall reportedly left the scene after pausing momentarily when Fitzgerald was hit. Sampson stated in court that he then called 911 and followed Hall for approximately eight miles to ensure police were able to locate her.

After the preliminary hearing, Hall's Virginia DUI lawyer said that the defendant is "the face of alcoholism" and that she requires "treatment for this terrible disease." Hall's attorney also described her client's interrupted sobriety as she fell on hard times after battling alcoholism for a period, stating:

"She lost her job, a relationship she had ended, and that night her hopes to meet another man ended when he didn't show up for a meeting."

Judge Archer Yeatts III agreed to certify a felony hit-and-run charge to a grand jury, setting a tentative trial date for September 2nd. Deputy Henrico Commonwealth's Attorney Michael Huberman indicated that a maiming charge may also be sought due to Fitzgerald's injuries, and that alcohol-related charges are pending due to a delay in receiving test results. Court records indicate that Hall had been convicted for a third DUI in 2005, but managed to restore her license in April of 2010. Cases such as Hall's require a Virginia DUI lawyer to ensure the defendant's rights are protected and all information beneficial to the defendant is presented to the court.

June 27, 2010

Police Arrest Three, Seeking Fourth Suspect in Woodbridge Home Invasion

A Virginia criminal lawyer suspects allegedly forcibly entered a Woodbridge home. The incident began at 12:35 on June 21st, when a homeowner on Coachman Terrace alerted her husband to the presence of an unidentified person near their house. One of the homeowners opened the front door and an additional three men who were not initially visible to the couple entered the house by force, said Prince William police spokesman Jonathan Perok.

In addition to the man and his wife, the couple's two children were present in the home at the time of the incident. One of the four suspects reportedly struck the homeowner with a gun during the robbery, and the four men fled with an undisclosed sum of money.

A subsequent search of the surrounding area by Fairfax County and Prince William County Police netted three of the four suspects in the Woodbridge home invasion. Kenithy Manns, 19, and Ronald Graham, 20, both of Alexandria, were arrested; as was a 17-year-old Woodbridge minor who was not identified due to his age. Graham, Manns and the unidentified teenager were charged with abduction, burglary while armed and using a firearm during the commission of a felony. It is unclear whether counsel has been appointed for the suspects or if they have retained a Virginia criminal lawyer.

The fourth man involved in the incident is still being sought, and is described as being a black male between the ages of 19 and 24. Police did not disclose whether the homeowner suffered any injuries or was treated in a hospital. A Virginia criminal lawyer will examine the evidence and any mitigating factors in this case, including the relative young age of the unnamed suspect.

June 25, 2010

Fairfax County Jury Acquits Gym Teacher on Child Molestation Charges

A Fairfax County jury deliberated for just 47 minutes before acquitting a gym teacher from Centre Ridge Elementary School in Centreville on charges of aggravated sexual battery and abduction. Closing arguments made by the defendant's Virginia criminal lawyer about the effects of the case on the man's life caused jurors to become so distraught that the trial had to be briefly recessed.

Jurors were satisfied that the charges brought against on 43-year-old physical education teacher Sean Lanigan were of no merit, commenting to press:

"It was an easy decision," said juror Asmaa al-Ghafari. "I just hope Mr. Lanigan can get his life back."

"There was no evidence," juror Jacklyn West said. "There was no case."

Lanigan stood accused of molesting a 12-year-old girl in the school's gymnasium earlier this year. Charges against the defendant centered largely on the testimony of two sixth grade girls. The girls claimed that Lanigan had carried one of them into an equipment room, where he was said to have touched her inappropriately after placing her on a gym mat. The incident was alleged to have occurred on January 12th, and police learned of the allegations on January 15th. Fairfax detectives initially questioned Lanigan on January 20th, before arresting him on January 29th.

Lanigan, a teacher at Centre Ridge for 12 years and youth soccer coach for 20 years, testified that he often engaged in physical horseplay with students as he did with his own children but that he had not molested the child. Along with the defendant, five other people testified that there were no mats present in the equipment room where the molestation was alleged to have occurred. Lanigan's prime accuser also admitted in court to holding a "grudge" against the teacher for threatening to discipline her.

The girl claimed originally that the teacher touched her "breast and buttock" during the incident. To prevent against a conviction of aggravated sexual battery of someone younger than 13, Lanigan's Virginia criminal lawyer would have to argue that the defendant had no intent to "sexually molest, arouse or gratify any person, where the defendant intentionally touches the complaining witness's intimate parts or material clothing covering such intimate parts."

Sean Lanigan's case illustrates the havoc criminal charges can cause on an individual's life. Lanigan's Virginia criminal lawyer spoke during closing arguments of the difficulties endured by the defendant, who was identified publicly and suspended without pay. Fairfax County school officials were not able to say when or if the popular teacher would be restored to his job at Centre Ridge Elementary.

June 22, 2010

Virginia Beach Man Convicted of DUI Hit and Run Involving Elderly Woman

When a client in the state of Virginia is arrested and charged with driving while intoxicated (DWI) or driving under the influence (DUI), a Virginia DUI attorney must examine every aspect of their case to determine whether certain medical factors may have contributed to the incident, possibly mimicking intoxication. The Virginia DUI lawyer of a man recently tried for charges levied after a December hit-and-run accident presented such an argument at trial, but 30-year-old Dorek Hayes was ultimately convicted of the crime.
Hayes, of Virginia Beach, was convicted on June 14th of the hit-and-run collision that caused serious injuries to 72-year-old Mary Edwards. Edwards was pushing a shopping cart on Honeygrove Road shortly before 5:30 p.m on December 30th of last year when she was struck by a black Mitsubishi Eclipse driven by Hayes. Hayes reportedly then continued driving, and collided with a parked van one block over from the scene of the accident. Law enforcement officials who responded to the scene testified that Hayes "smelled of alcohol," was in possession of eight small brandy bottles, and slurred his speech when speaking with police. Police also report finding text messages on the man's phone received from his mother, advising the defendant not to drive and to "get sober." The arrest was Hayes' second for DUI.
Court documents indicate that the injuries Edwards incurred were severe. She suffered broken legs and ankles, bruised lungs, cracked ribs, and is currently residing in a nursing home as a result of the incident. Prior to being a patient in the nursing home, Edwards was hospitalized for months while recovering from her injuries, according to prosecutor S. Catherine Dodson. Hayes pled guilty to the charge of a second DUI offense within five years and to drunken driving that resulted in serious injury and stood trial on a felony hit-and-run charge.
Hayes' Virginia DUI lawyer argued that the defendant had "a history of seizures" and suggested that Hayes may have experienced a seizure at the time of the incident. The prosecution contended that medical records proved that Hayes only had seizures when in alcohol withdrawal, and not while he was drinking. Circuit Court Judge H. Thomas Padrick Jr. rejected the suggestion that Hayes suffered a seizure as speculation, and convicted him of the hit-and-run charge. Sentencing in the case is scheduled for August 30th.

June 20, 2010

Fairfax Police Arrest AOL Co-Founder For Secretly Taping Teens at a Pool Party

Fairfax County Police have arrested and charged a former America Online ("AOL") executive with "unlawful filming, videotaping or photographing of another" after a teenage guest discovered a hidden camera in a changing room. 51-year-old Craig Dykstra, one of the founding employees of AOL, is accused of hiding a camera in a dressing room used by teenaged houseguests near a pool at his Centreville home. It is unclear whether Dykstra has retained a Virginia criminal lawyer to face the misdemeanor charge, but a conviction could result in his incarceration for up to a year.

Dykstra is said to have been hosting a pool party following the Westfield High School prom during the early hours of June 5th. One of the guests, a teenaged male, noticed the hidden digital video camera dangling from a pair of shorts in the changing room. According to a search warrant affidavit filed in Fairfax Circuit Court on June 7th, the teenager seized the device and handed it over to his parents, who in turn notified the police about the situation.

In an affidavit filed with Fairfax Circuit Court, Detective Nickolas Boffi states that the video content seized and viewed by police shows a "white male in his 50s" placing the camera in the unobtrusive location before adjusting it into place. Further footage captures eight teenagers of both genders in swimsuits, towels and varying states of undress. The video that police reviewed also depicts at least one teenager completely undressed. The teenage girl who was filmed nude was identified and contacted by police, Boffi states, and law enforcement officials confirmed that the girl did not give permission to be filmed.

The affidavit suggests that Dykstra may have used the hidden camera at pool parties that occurred prior to the one on June 5th. Law enforcement officials searched the former AOL executive's home on June 7th. Several items were seized according to court records, including twenty data storage units, two video storage units, seven cameras, five cellular phones and twelve computers. Fairfax police spokesperson Lucy Caldwell confirmed that Dykstra was charged with misdemeanor unlawful filming.

As technology advances, the scope of charges stemming from possibly criminal use of these devices also increases. Cases such as Dykstra's with video evidence of the alleged crimes will benefit from an experienced Virginia criminal lawyer who can protect a defendant's rights and ensure that proper procedures have been maintained throughout the investigation. Even in the presence of footage suggesting guilt, an experienced Virginia criminal lawyer can review each case and serve as a defendant's advocate within the judicial system.