Monthly Archives: December 2017

What is Solicitation of Prostitution

Solicitation of prostitution is in principle the demand to one person by another person to carry out a sexual proceeding in exchange for a charge. Nonetheless, a tangible solicitation of prostitution charge typically encompasses a wide set of conditions with harsh penalties as well as punishments than simply the basic charge. A person who has been charged with the solicitation of prostitution crime must understand what the nature of all these different charges are, what the defenses should be, and also all the probable punishments before they decide how to resolve the case.

Solicitation of prostitution does not need a complete act of sexual behavior. The simple agreement and/or offer to carry out a sexual act in exchange for some charges (i.e. money) are enough to sustain the solicitation charge. This furthermore also denotes that both the parties to this solicitation agreement, the person who has offered a sexual service along with the person who has accepted this service, can and will be charged with Solicitation of prostitution charges. This is known to be the most critical type of solicitation charges. Nevertheless, solicitation charges can include a wider kind of conduct as well.

If someone is involved in the discussions described above, he/she might be charged as a ‘party to the offense of solicitation of prostitution’. Numerous people mostly term the third person who is involved as the “Madame” and/or “pimp.” This third party can be anybody, although this aids with the solicitation.

Defenses to Solicitation of Prostitution Charges

For the basic solicitation charges, the defenses are mostly focused on if or not the agreement actually exists. Fundamentally the defense is that two people who were discussing about having some kind of a sexual episode, but the actual act was not carried out in the exchange of some sort of charges. Another argument is to basically state that the actions taken sexually were not for the purposes of solicitation, but were only acts of “flirtation.” This defense argument strives to rebut the intention and charge requirements of the basic solicitation of prostitution charge.

The reasons behind a person offering sexual favors in exchange for money might also amount to a defense. If the person who was involved was required by force and/or threats by someone else, for instance a Madame or pimp, then they may effectively avert the prosecution from creating a case against them that they planned to offer sexual favors in return for charges by proving force inflicted on the defendant by the third party. Other possible counter arguments differ by the state statues; however some states also sometimes specifically cut off some defenses. The very first defense which numerous people point to is how the sexual act was never carried out, only offered. As solicitation is punishable for the simple asking for it, the fact that the sexual favor asked was not carried out is not going to be a practical defense.

Violation of a Protective Order: Serious Felony in Virginia

Did you know that the violation of a protective order is a criminal offense? If this protective order is violated repeatedly, the offender can be charged by Class 3 felony and even Class 6 if abuse is involved. What are these Protective order? How are these violated? The Protective orders are also called restraining order which is issued by the Family Law Court Domestic Violence Division. These are widely issued during the divorce and child custody cases. This protective order is of a very serious nature, it appears in the criminal background check and meeting the alleged victim can also be barred.

In Virginia, the violation of a protective order is considered a serious criminal offense, felony or misdemeanor. This means the offender can be charged with severe penalties. You need a good lawyer to nail the case and bring justice to the victim harmed emotionally or physically due to the violation of the Protective Order. For receiving proper justice, you need an experienced attorney. A qualified lawyer from the SRIS Law Group can become the perfect aid to report the violation case and reinforce the protective order while punishing the violator with the felony charges.

HOW IS THE VIOLATION OF A PROTECTIVE ORDER COMMITTED?

The SRIS Law Group can offer expertise in any of the violation committed against the protective order, a serious felony according to Virginia Law.

  • If the party protected has been stalked
  • If an assault or any kind of physical harm has been inflicted on the person under the protective order.
  • If the protected person is threatened by a firearm or other deadly weapon.

All these kinds of violation are treated as serious criminal offense or felony. The first violation is treated as a Class I felony, where the violator is fined up to $2,500 and can be jailed up to 12 months. If the violation is repeated within 5 years, the penalty is mandatory confinement 60 days jail minimum. If the violation is committed 3 times within 20 years, the conviction is treated as a Class 6 Felony, with minimum punishment 6-month jail. In case the person has been bodily harmed or been threatened by a deadly weapon, the violator is treated as Class 6 felony with the minimum 2 years jail on conviction.

With such strong protective laws by Virginia regarding the violation of Protective Order. You are free to report any such activity which takes place. If you feel frightened and helpless, pick up your phone and call the SRIS Law Group, our experienced lawyers will offer you all the options. The knowledgeable attorneys will guide you through all the complex and lawful steps from submitting the complaint to the legal proceeding till the offender is punished. Attorneys at SRIS Law Group respect and understand your struggle. They will represent the case with wisdom and thoughtfulness.

Consult the SRIS Law Group, P.C. Attorney for your peace of mind

Call us at 888-437-7747

Possession of Child Pornography Defense Lawyer

Possession of child pornography in the Commonwealth of Virginia is a Class 6 felony and being charged for intentionally obtaining and keeping child pornography is a conviction under the VA Code of 18.2-374.1:1, which can result in up to 5 years in prison. The intention is irrelevant and as long as you have the ability to view the saved material in any way, you can be convicted of possession of child pornography. A child pornography charge can result in serious penalties, so it would be in your best interest to contact a child pornography attorney in Virginia immediately after you are charged or even searched for evidence before being charged to ensure you have enough time to strategize a defense.

A lot of people try to dodge being charged with possession of child pornography by viewing it online, however, you can still be charged with possession of child pornography even if you deleted or didn’t download anything illegal at all as the temporary files left in your computer’s hard disk would be considered as possession of child pornography.

In the Commonwealth of Virginia, possession of child pornography is considered a less severe crime than the production; however, it is still a Class 6 misdemeanor, which can result in severe penalties such as at least one to a maximum of five years of imprisonment and/or a $2500 fine. A subsequent conviction, under the VA Code of 18.2-374.1:1, would be categorized as a Class 5 misdemeanor. A Class 5 misdemeanor means that the offender will have to face a prison sentence that includes a mandatory sentence of one year, and can last as long as up to 10 years.

A person gets charged with possession of child pornography in Virginia if he is caught with possession of sexually explicit images, videos, etc. involving someone under the age of 18. However, under the VA Code of 18.2-374.1:1, a person would be exempt from this if he has the images for medical or scientific purposes, or as a part of their professional duty, such as law enforcement, physicians, psychologists, attorneys or a judge overseeing a court case.

The law enforcement officers may seize all the equipment that was allegedly involved in the possession, distribution and/or production of sexually explicit material involving a juvenile, as a part of their investigation. As it is stated under the Statute 19.2-386-31, that upon conviction, the accused will have to forfeit the property involved in the misdemeanor.

With the rapid growth and rise of the internet, the rate of people involved in the crime has increased drastically, propagating the growth of the child pornography industry. The number of people being convicted of the crime in Virginia has also increased. If you are facing child pornography charges in Virginia, it is necessary to consult a child pornography lawyer as soon as possible so he can explain the legal facts relevant to your case and can help protect your rights.

How Do I File for a Protective Order or Restraining Order in Virginia?

The legal document that is designed to provide security to stop harassment and stop violence is called protective order. It is to provide protection to you and your family from abusers. The protective orders offer civil legal protection from domestic violence to female and male victims. These are court orders to provide you safety and help you keep safe. You can apply for legal protection against the acts of violence against you minor child or family. You are able to seek security from

  • Any marriage and blood relation
  • Anyone you live with
  • foster children, adopted children, stepchildren, grandchildren, children
  • Parents, foster parents, adoptive parents, stepparents, grandparents
  • against ex-spouse
  • present spouse
  • Someone you are dating

A minor of 16 years old and above can apply for protective orders. It is very easy to file the case in the regular court. The minor of 13 years and less has to file the case with Juvenile Court Jurisdiction.

How to file the Protective order?

  • Fill up the form and take it to the court clerk. He submits these forms to the judge.
  • Judge is authorized to issue temporary restraining orders.
  • Pick your papers from court and distribute these copies of the temporary orders.

Who will help you in taking these orders?

The law firm of SRIS Law Group is growing rapidly and this rapid growth is the evidence of success. They have exceptional customer service for the valuable clients. Some of the benefits of hiring the law service are given as under

  1. Expert law service

They are dealing with the way that you feel very special. Their mission is to provide convenience to the client. It is the fact that they are passionate to use the effective techniques that are full of innovation and according to the rules and regulations. They offer their innovative services according to the Virginia Law at extremely competitive prices. Their main goal is to attain complete satisfaction of the valuable clients. It is very true to say that your satisfaction is their first preference and helps you to get protective orders. They assure you that they will never let down and disappoint you from their transitional low prices.

  1. Keeps the record Confidential

It is an exclusive offer that this group gives you the opportunity to get free suggestions for discussing your case. They offer you the widest selection opportunity by introducing the solutions according to the Virginia law. They assure you that all the dealing will be confidential because your privacy is their policy. They file your case with the guarantee of 100% success because they know how to present the case in the court. It is their surety to you that you are dealing in no risk and with secure server. They are introducing many law services for you.

The ratio of violence is increasing day by day. To win the case, it is important to select the law services that are reliable. These attorneys are expert to complete the documentation and will not bother you.

For applying protective orders  in Virginia contact SRIS Law Group right now

                                        Call us at- 888-437- 7747

Child Custody and Domestic Violence

Domestic violence with any doubt is a very serious issue. A parent’s loss of control can impact a family emotionally, psychologically and legally. Courts in Virginia takes the allegations of domestic violence in cases of child custody very seriously. Domestic violence in relations is a facilitator for one partner to file separation or leave a relationship. In case there are children involved the issue of child custody arises. Domestic violence can have very damaging effects on children. When there is domestic violence in the home, children are at bigger risk of being abused or deserted.

It is usual for a parents with custody to separate the children from other parent. They often do this when the other partner is harmful or engaged in any criminal activities. According to Virginia code of child custody Section 20-124.2 and 124.3 when the court determine custody of a child, it assures a frequent and continues contact of child with both of his parents. The main purpose is fostering continuous contact between a child and both parents. In these situations, the court awards joint or sole custody.

Virginia laws of child custody

The child custody law in Virginia take the following considerations into account:

  • Child preference and wish to custody if he/she is mature to make such a claim.
  • The mental health and age of child.
  • The age and mental state of parents
  • Familiarity of parents with child needs and ability to provide for those needs.
  • The role of parent in child rearing.
  • The willingness of one parent to allow and maintain a continuing relationship between child and other parent.
  • Willingness of parents to work together and solve disputes
  • Any previous record of domestic violence, child abuse, or negligence
  • Any other factors which affect child’s welfare

A child custody contract is normally part of common divorce proceeding. The custody contract will be decided over a signed paper called a parenting plan. These signed agreements allow parents to implement their rights to visit the children, if one parent acts in a way conflicting to what they settled to. Parenting plan records are preserved with the divorce records and can consequently be found in the courts where divorce proceedings are heard. Most of the judges in Virginia inspire parents to work together to generate a custody and visitation schedule that is in the best interests of their child. Parents can do this collectively or with the help of an intermediary and then submit the plan to the judge. A mediator work for the courts. They support parents make childrearing plans that are in best interest for the children. Intermediaries know the ways to work with divorced pairs, and they are skilled to apprehend domestic violence.

You may want to talk with an attorney who can offer you the best legal way to move forward. You can contact SRIS Law Group who provide legal services to their client and ensure that our clients are always represented by skilled and knowledgeable attorneys in Virginia.

Call us now – 888-437-7747

WILL VIRGINIA SEXUAL ABUSE LAW HELP THE FUTURE VICTIMS?

As of now, there have been 20 defined crimes in Virginia that are associated with the prosecution of sexual abuse related crimes within the region. These are basically known as Statutory laws that are used to impeach a sexual offender who is related to the victim under the Virginia Age of Consent. In contrast, non-statutory laws are typically used to accuse offenders who use force or coercion against the victims. In recent times, authorities have made Virginia sexual abuse law strict to help the current and future victims.

However, considering the number of cases appearing on a daily basis, many people are concerned whether the Virginia sexual abuse law is designed to ensure the protection of the people. When such a situation occurs, the society is baffled if justice is not served. The most common sexual abuse that we hear about day after day is rape. It has become a social evil, which has significantly increased in the past few years. Not only has it ruined individual lives but broke several families. Similarly, the sexual abuse of a children is on the rise. What’s alarming is that the perpetrator that is involved in such acts is usually a close relative or friend. Seven out of ten cases occur where the sexual offender is either immediate family member, close relative, or a friend.

Thus, considering the current situation and cases, people are wondering whether Virginia sexual abuse law will be able to save future victims. There have been many instances where the sex offender who was previously caught in the scene has been linked to a recent act. This suggests that the law and authorities are not doing enough to take care of the issue at hand.

Whether it is a current or past case, the aftereffects are daunting that destroy the lives of human beings. It has become critical to address such issues at the earliest. In addition, it is equally important for them to know their rights, in light of Virginia sexual abuse law – the right to get justice, the right to seek compensation.

If you have been in such situations, the first thing you should do is hire an attorney that will not only understand but investigate the case thoroughly. They will help you prepare strong claims so that you can be compensated in every way possible. The right attorney will keep you protected and will help you understand each and every Virginia sexual abuse law so that you know where you stand. In addition, your goal should be to get justice and get the sexual offender behind bars.

Do not bring your life to a standstill. The sexual trauma is significant and real which, sometimes, does not even go away after seeking help from a professional. With an attorney, you can conveniently file a sexual assault injury claim in the court.

 

What Is Considered a Sex Crime in Virginia

A sexual crime is a serious criminal offense. Being accused or arrested for a sex crime can be humiliating and frightening, as it comes with very harsh consequences. Conviction of a sex crime in the Commonwealth of Virginia and many other jurisdictions across all US can cause a convicted individual to face heavy fines and stiff penalties, including significant duration in prison. Moreover, it can also negatively affect the sex offender’s ability to find a house, employment, and interaction with family.

What Is Considered a Sex Crime in Virginia

WHAT IS A SEXUAL CRIME?

In simple words, Virginia law defines a sexual crime simply as an act of sex performed with someone without obtaining their consent. An actual physical contact is not necessary to occur, for you to be convicted of or charged with certain sexual crimes. For instance, an indecent exposure in a school or day care’s vicinity may in certain circumstances, be viewed as a sexual offense, even when no sex activity occurred.

COMMON SEX CRIMES IN VIRGINIA

Common sex crimes in Virginia include rape, forcible sodomy, object animate or inanimate sexual penetration, carnal knowledge of certain minors, aggravated sexual battery, sexual battery, infected sexual battery, crimes against nature, sexual abuse of a child under the age of 15 years, adultery and fornication by people forbidden to marry, attempted sexual crimes, third conviction of a sexual offense misdemeanor, sex offenses prohibiting proximity to children, and repeated sexual assault and violent sexual assault.

Sexual crimes in Virginia are broadly divided into two major categories, viz. sexual offenses and sexually violent offenses. Sexual offenses are those offensive activities that may not typically involve any kind of physical violence, like unlawful photography or child pornography; however, these may still label you as a ‘sex offender.’ Sexually violent offenses are the more serious sex crimes such as rape, sodomy, aggravated sexual battery, and abduction for immoral purposes, and these result in harsh prison terms as well as forced compliance with the Sex Offender Registry of Virginia. As sexual crimes are prosecuted so harshly with severe punishment, knowing the multiple categories in which an individual can be convicted and what to expect from sexual crimes charges is crucial.

Although the American legal system is established on the basic premise that a person is innocent unless proven otherwise, those who are accused of sex crimes are deemed guilty right away the police contact them. However, you should remember that everyone, accused of a sex crime is not guilty. That is why there are several plausible defenses to sex crime allegations and sexual abuse.

If you have been accused of a sex crime, hiring a defense lawyer early in the court proceedings is vital in understanding and fighting a sexual offense charge. Even a small mistake by a wrongly chosen attorney can cost you several dollars in fixing your case. Therefore, take interviews of several lawyers, consider those who are well-versed in sex crime cases, have good relationships with the judges and prosecutors in Virginia courts, have earned a great reputation in their field, and have a good deck of clients satisfied by their support and personal presentation.

 

Falsely accused of reckless driving? Here’s what you can do

Reckless driving is considered as a serious offense in Virginia and one with consequences that could affect your criminal record for years to come.

If you believe that you’ve been wrongly charged with reckless driving, let us assure you that you’re not the only one. We get dozens of clients each day arguing that they have been falsely accused of reckless driving. While the state of Virginia has been very proactive in introducing tough laws regarding driving, it has also made it difficult for the traffic police to keep up with the ever-changing laws.

Here are our top five cases that talk about how you might have been falsely accused of reckless driving and how you can fight those charges:

Case #1: The cop wasn’t sure of the county

When charging someone for reckless driving, the Commonwealth is always presented with the task of proving that the offense took place in the county or city that the officer mentioned in his notes. It is often the case that the incident took place on the border of two localities – both governed by different speeding laws. In such cases, the key to fighting your reckless driving offense is simply by questioning where the offense exactly occurred.

Case #2: The highway

So, the officer claims that you were driving recklessly on a highway, but was it really a highway? Most reckless driving laws apply to driving on highways, it can often be difficult for officers to differentiate between highways and other roadways. While a highway is a complicated term to grasp and perhaps a road within a gated community might not be considered a highway, you can easily get such a charge dismissed by simply inquiring about the road in question.

Case #4: False ID

This case is a very serious one. We’ve had a client walk in and tell us how he had been subjected to reckless driving charges when he wasn’t even driving on that day. If you believe that someone had stolen your identity and had incurred the charges under your name, we suggest that you request the court to match signatures and look in other evidence that might suggest that you are innocent.

Case #5: The officer’s speedometer/radar wasn’t properly calibrated

While the law requires officers to properly calibrate their equipment prior taking readings, they often overlook such a sensitive task. Properly examine the officer’s certificates and spot deficiencies in his equipment to fight your case.

Case #6: Car’s speedometer was inaccurate

Believe that your car’s speedometer offered you an inaccurate reading? Didn’t think you were speeding? Have your speedometer calibrated to prove that the officer charged you with driving at an exceeded speed, when your car’s speedometer showed you as being under the set speed limit.

 

Online Sex Crimes- What Are the Penalties?

Undoubtedly, online communication through computers, tablets along with cellphones have largely increased the opportunity for offenders to make sexual advances towards easy targets, usually children and adolescents. In response to the increased risk, government officials have expanded the investigative techniques along with the legislatures clarifying and strengthening the criminal laws in order to track down any such activities taking place on the internet.

Both the federal as well as the state laws have made it a crime for people to engage in any type of sexual contact with a minor under the age of eighteen, through the use of the internet. This comprises of sending text messages, pictures, emails or any other type of communication, which is considered to be sexual in nature.

Both – the federal and state laws have also prohibited the possession, production and the distribution and sale of pornographic materials, which portray a minor under the age of eighteen in a sexual manner. Child pornography laws have been constituted by the state of Virginia to punish the use of computer and internet in order to share, obtain or distribute any sexual material, which involves minors.

Enticing minors through the internet to commit acts of sexual abuse is also defined as a second-degree felony in most states, including Virginia. The minor is supposed to be below the state’s legal age, which is eighteen. It is also very important to understand that the societal norms and pressure in the United States, during the recent years have caused the government to investigate and prosecute sexual offenses, which take place online.

Therefore, the numbers concerning the internet sex crimes have increased. Numerous of these offenses might not even involve specific victims, however, the consequences when convicted of being a federal Internet sex offender can be extremely devastating. Not only will the perpetrator be sent to jail, they will also be fined and forced to register themselves as a sex offender. Furthermore, the perpetrator is also going to lose any property related to the crime,

Sex crimes on the internet might take place in numerous ways. These can range from distributing and viewing pictures online, which portray people engaged in sexual activities without their consent. Using the internet to meet other people for illegal sexual activates is also considered to be illegal. This could land you in the jail for at least twenty-five years to life.

The USA government has invested huge amounts of funds in order to investigate the possible criminal offenses taking place on the internet. It is important that you take care of your safety and security when online. The state of Virginia has defined harsh laws, which could send you behind bars and force you to pay hefty amounts of fine as well.

If you find yourself in a situation involving Online Sex Crime, it is important that you contact a professional lawyer immediately. Not only will he/she be able to get you out of the situation, he will also save you from a lifetime of hassle.