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The Investigative “Interview”

Even though it might feel like it, criminal charges don’t come out of nowhere. Investigations start when there is a report of a crime from the victim. In the military, this report is often made to the victim’s chain of command or the service’s criminal investigative division (CID). It might, however, be made to civilian authorities who will pass the information on to the service CID. It’s important to note that the report of the crime could come well after the incident. The service will begin an investigation in responseRead More …


Collateral Consequences of a Conviction

Following an arrest, many defendants worry about the possibility of a lengthy jail sentence or a fine the may accompany a criminal conviction. And in serious criminal cases, those factors do loom large. Yet just as often, it is not the threat of jail or a fine that threatens a defendant’s future; rather, the collateral consequences that follow a conviction are the true penalty and punishment that a defendant faces. There are countless collateral consequences to any criminal conviction, and they are dependent on the type of crime, the severity, andRead More …


VA Supreme Court Rejects Increasing Right to Additional Discovery

In a surprising move, the Virginia Supreme Court did not adopt any of the recently proposed changes to a defendant’s right to discovery in Virginia criminal cases.  While each party in a civil case has a right to nearly every non-privileged document that the other party possesses, a defendant’s right to the prosecution’s evidence in a criminal case is severely curtailed.  Recognizing that Virginia lags behind most other states in providing discovery in these cases, a Special Committee on Criminal Discovery Rules issued proposed changes to the current discovery framework. These changesRead More …