Category: Blog

Social media plays a central role in many people’s daily lives, but courts can admit social media content as evidence in criminal trials. Law enforcement doesn’t need your permission to view publicly available material. With a warrant or subpoena, they can also access private messages, deleted content, and information held by the platform itself. Prosecutors may argue that a post, video, or message reflects your behavior, intent, or state of mind.

Even posts that seem harmless or unrelated can be used to question your credibility or establish a timeline. Defendants often don’t realize that online activity—including comments, photos, or likes—can unintentionally damage their legal defense. These interactions may appear to conflict with earlier statements, imply guilt, or suggest intimidation.

Most criminal defense attorneys strongly advise against posting anything related to your case online. It’s critical to understand how your digital footprint can be collected, reviewed, and used against you in a cybercrime case.

How Social Media Evidence Can Be Obtained

If you’re involved in a criminal investigation, prosecutors and law enforcement can search your social media footprint to gather additional evidence. This may include photos or videos that suggest involvement in a crime, threats made against individuals, or check-ins that place you near the scene of the incident.

Even if you don’t post anything yourself, others can tag or mention you in ways that draw you into the case. Social media evidence can take many forms, including:

• Photos or videos showing weapons, drugs, or large amounts of cash
• Posts referencing the alleged incident or criminal charges
• Direct messages that imply knowledge of a crime
• Location tags placing you near the crime scene
• Comments suggesting motive, intent, or participation
• Deleted posts recovered through digital forensics
• Statements contradicting your defense or alibi
• Posts that create a negative impression of your character

What Happens After Social Media Evidence Is Found?

Defense attorneys will evaluate this evidence and prepare to address how it may be interpreted by a judge or jury. Once potentially relevant social media content is identified, law enforcement may use it to:

• Establish probable cause for a warrant or arrest
• Support or expand the existing charges
• Challenge your credibility or alibi
• Undermine claims of self-defense or lack of intent
• Show associations with co-defendants or suspects
• Demonstrate patterns of behavior

What if Your Social Media Privacy Settings are Set to Private?

Many assume that setting their social accounts to “private” keeps their content off-limits. Unfortunately, that isn’t true in a criminal investigation. Law enforcement has legal tools, such as subpoenas and search warrants, that compel platforms to turn over data, including private messages, photos, and account activity.

Investigators may also access your content through others in your network. A friend, follower, or even a tagged post can bring your content into an open investigation, even without a formal legal request.

Privacy settings are not a shield in court. If you’re facing charges, assume everything you’ve ever posted, public or private, can be reviewed. The safest approach is to stop posting entirely and consult your attorney about anything that’s already online.

Social Media and Cybercrime Charges

In some cases, social media isn’t just evidence, it’s the source of new charges. Threatening messages, harassment, scams, and the non-consensual sharing of private content can lead to cybercrime or cyberbullying charges.

Virginia law treats these offenses seriously. Posts made in anger or sarcasm can be interpreted as threats. Comments directed at a specific person may be enough to support a charge of stalking or harassment. Sharing explicit or private content without permission could result in state or federal criminal liability.

If you’re already facing charges, any behavior that crosses into cyberbullying or online threats could lead to additional allegations and complicate your defense.

Social Media and Criminal Defense Strategy

A strong defense requires anticipating how the prosecution may use your digital footprint. At Stanton Law, we know how to evaluate and respond to social media evidence and how to ensure your rights are protected throughout the process.

If you’re facing criminal charges, don’t wait until a post becomes a problem in court. Contact Stanton Law for a confidential consultation with an experienced criminal defense attorney who understands how to defend your case from all angles, including online.

Are You Facing Criminal Charges in Virginia?

If you are facing criminal charges, you need an experienced and dedicated advocate who will fight for your rights. At Stanton Law, our skilled criminal defense attorney, William W. Stantion VII, will investigate and develop a strategy to protect your rights. Contact us online for a free consultation or call (804) 929-8280 and take the first step toward securing the best possible outcome for your case.

If you have been charged with a DUI or DWI in Virginia, you may be wondering whether there is a difference between the two. These terms are often used interchangeably, leading to confusion about the specific charges and penalties involved. Understanding how Virginia law defines and treats these offenses is essential, especially if you are facing legal consequences.

DUI vs. DWI in Virginia: Is There a Difference?

In some states, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are separate offenses with different legal definitions and penalties. However, in Virginia, the law does not differentiate between the two. Both terms refer to the same offense—operating a vehicle while impaired by alcohol or drugs.

Under Virginia Code § 18.2-266, a person can be charged with DUI if they operate a motor vehicle while:

• Having a blood alcohol concentration (BAC) of 0.08% or higher
• Under the influence of drugs or a combination of drugs and alcohol
• Impaired to the point that their ability to drive is compromised, even if their BAC is below 0.08%

While DUI is the official term used in Virginia’s legal code, DWI is often used interchangeably in law enforcement and informal discussions. Regardless of terminology, the penalties remain the same.

Legal Penalties for DUI/DWI in Virginia

Virginia has strict DUI laws and prohibits drivers from operating any vehicle under the influence of alcohol, drugs, or prescription medication that impairs their ability to drive safely. Even a first offense carries significant consequences. The penalties for DUI/DWI depend on factors such as BAC level, prior offenses, and any aggravating circumstances.

Penalties for a DUI/DWI in Virginia can be severe. If convicted, you may face the following:

• Jail time of up to 12 months
• A fine of up to $2,500
• Loss of your driver’s license for up to 1 year
• 6 demerit points on your license
• Increased insurance rates
• Mandatory drug testing and drug education classes
• Ignition interlock on your vehicle
• Criminal record, which will show up on background checks

How DUI/DWI is Determined in Virginia

Even if your BAC is below 0.08%, you can still be charged with DUI if an officer determines that your ability to drive was impaired by alcohol or drugs. Virginia law enforcement officers use several methods to determine impairment, including:

• Breathalyzer and blood tests, which measure BAC levels
• Field sobriety tests, which assess coordination and cognitive function
• Officer observations, including erratic driving, slurred speech, or other signs of impairment

Defending Against a DUI/DWI Charge

A DUI/DWI charge does not automatically lead to a conviction. With the right legal representation, it may be possible to challenge the case against you. Potential defenses include:

• Challenging the accuracy of BAC tests, which may be affected by improper calibration or procedural errors
• Arguing a lack of probable cause for the initial traffic stop
• Questioning the reliability of field sobriety tests, which can be influenced by medical conditions or environmental factors

An experienced Virginia DUI attorney can review the evidence and develop a legal strategy to minimize penalties or seek a dismissal of the charges.

Contact a Virginia DUI/DWI Lawyer

Facing a DUI/DWI charge in Virginia is a serious matter that can impact your future. If you have been arrested for impaired driving, you need a knowledgeable legal advocate to protect your rights and fight for the best possible outcome.

At Stanton Law, we provide skilled and strategic defense for DUI/DWI cases, helping clients navigate the legal system and pursue reduced penalties or case dismissal. Contact us today for a free consultation or call (804) 929-8280 to take the first step in defending your case.

Reckless driving is a serious traffic offense in Virginia, defined under section §46.2-852 as, “Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

Understanding the implications for one’s driving record and overall legal standing is critical for those charged with reckless driving.

What is Reckless Driving in Virginia?

Under Virginia law, reckless driving encompasses many traffic violations, some of which are outlined below. Unlike an ordinary traffic offense, reckless driving is a misdemeanor, making it a criminal charge. Law enforcement officers can charge you with reckless driving if they witness any of the following actions:

• Driving 20 mph or more over the speed limit, or exceeding 85 mph regardless of the posted limit
• Operating a vehicle side-by-side with another on a one-lane road
• Driving with an obstructed view that hinders visibility or vehicle control
• Illegally passing, such as on a hill or curve, passing two vehicles at once, or at a highway intersection
• Engaging in dangerous behaviors like failing to yield, racing, or causing an accident through reckless actions

What are the Penalties for Reckless Driving in Virginia?

Reckless driving is classified as a Class 1 misdemeanor. If convicted, you may face:

• A fine of up to $2,500
• Up to one year in jail
• Suspension of your driver’s license for up to 6 months

In addition to these legal penalties, a conviction can have long-term consequences, including:

• Higher insurance premiums
• 6 demerit points on your license (same as DUI/DWI), remaining for two years
• Potential job loss, particularly if you hold a commercial driver’s license or drive professionally

How Long Does Reckless Driving Stay on Your Record?

Reckless driving convictions can remain on your Virginia driving record for 11 years. This extended timeframe can significantly impact insurance rates and eligibility for certain driving-related offenses, which can negatively impact employment background checks and jeopardize commercial driving licenses, which is why hiring an attorney is crucial in reckless driving cases.

Can a Reckless Driving Charge Be Reduced or Dismissed?

In Virginia, reckless driving charges can sometimes be reduced to lesser offenses like improper driving or dismissed altogether, depending on the circumstances of the case. Factors influencing the outcome include:

• Driving history and prior offenses
• The severity of the alleged reckless driving behavior
• Whether the driver cooperated with law enforcement
• Representation by an experienced attorney

Representation by an experienced attorney will be your best defense to lessen the impact of a reckless driving offense. Your lawyer will be able to examine options to challenge evidence and negotiate with prosecutors.

Contact a Virginia Traffic Defense Lawyer

Navigating Virginia’s legal system without proper representation can feel overwhelming. Stanton Law specializes in traffic defense, including reckless driving cases. With a comprehensive understanding of Virginia law and experience, our team provides assertive representation and advocacy to protect your rights, minimize charges, or avoid a conviction altogether.

Take the first step toward resolving your case. Contact Stanton Law today for a free consultation online or call (804) 929-8280 and let us protect your future.

If you’ve recently been charged with a first-time DUI in Virginia, you may feel overwhelmed and uncertain about what lies ahead. One of the biggest concerns for many individuals is whether they’ll face jail time.

Virginia’s DUI laws are some of the toughest in the nation, and understanding your risks is important for your case. While most first-time DUI charges won’t lead to a jail sentence, here’s what you need to know about the penalties and potential jail time risk.

What is a DUI Charge?

DUI stands for Driving Under the Influence, which refers to operating a vehicle while impaired by alcohol, drugs, or a combination of the two. In Virginia, the terms DUI/DWI (Driving While Intoxicated) are often used interchangeably, although there can be nuanced differences. DUI generally refers to impairment by alcohol or drugs, while DWI can specifically address intoxication levels, such as a blood alcohol concentration (BAC) above the legal limit of 0.08%.

The penalties for DUI or DWI are governed under the same set of laws in Virginia. Regardless of the terminology used, the consequences of driving while impaired can be severe, which is why it’s critical to understand how Virginia defines and prosecutes impaired driving.

How Does Virginia Define “Impaired” Driving?

Virginia law considers a driver impaired under several conditions:

• BAC of 0.08% or higher: For most drivers, a BAC of 0.08% creates a presumption of intoxication. Commercial drivers face a stricter limit of 0.04%, while drivers under 21 years old can face penalties for a BAC as low as 0.02% under Virginia’s zero-tolerance policy.
• Drug impairment: Driving under the influence of drugs—whether prescription, over-the-counter, or illicit substances—can also result in a DUI charge. This includes medications that impair your ability to drive safely.
• Observable impairment: Even without a specific BAC level, a driver may be considered impaired based on behavior, performance on field sobriety tests, or other evidence collected during the stop.

Consequences of a First DUI in Virginia

For most first-time DUI offenders without aggravating circumstances, jail time is less common but still possible. However, even if incarceration is avoided, a DUI conviction can have consequences, including impacts on your personal and professional life.

Potential penalties for a first DUI conviction include:

• Up to one year in jail
• Fines of up to $2,500
• Mandatory completion of an alcohol education program
• A one-year driver’s license suspension
• Mandatory jail time for elevated BAC levels
• Installation of an ignition interlock device

These penalties can vary depending on the circumstances of your arrest and any aggravating factors. Some critical determining factors can lead to jail time.

Factors That Can Increase the Likelihood of Jail Time

While many first-time DUI offenders avoid jail, certain circumstances can make incarceration more likely so it depends on your situation. These include:

• High BAC levels: Virginia law imposes mandatory minimum jail sentences for a BAC that is 0.15% or higher. For a BAC between 0.15% and 0.20%, you face at least 5 days in jail. If your BAC exceeds 0.20%, the mandatory jail time increases by a minimum of 10 days.
• Driving with minors in the vehicle: If you were driving with a passenger under 18 at the time of your DUI.
• Accidents or injuries: Causing an accident, especially involving injuries, significantly increases the likelihood of jail time as well as hit and run.
• Refusing a chemical test: Under Virginia’s implied consent law, refusing a breath or blood test can lead to additional penalties, including jail time.

During your consultation, your attorney can explain how these factors apply to your case and the potential impact they may have on sentencing.

Why You Need an Experienced DUI Lawyer

Facing a DUI charge can be daunting, but an experienced Virginia lawyer can make all the difference in the outcome of your case. They will carefully evaluate the evidence against you, such as BAC results and officer testimony, to identify any weaknesses in the prosecution’s case. An attorney can also challenge the legality of the traffic stop or arrest, which may lead to the suppression of evidence.

Your lawyer can also negotiate reduced charges or alternative sentencing options, like probation or community service, and advocate for minimal penalties to help you avoid jail time. Their expertise ensures you have a strong defense tailored to your unique situation.

Defend Yourself with a Virginia DUI Lawyer

At Stanton Law, we specialize in providing assertive, results-driven criminal and traffic defense for clients facing DUI/DWI charges. Contact us online for a free consultation or call (804) 929-8280 and take the first step toward protecting your rights and securing the best possible outcome for your case.