Charles, J

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Map & DirectionsDirections2201 Libbie AveRichmond, VA 23230 Write a ReviewWrite Review

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Phone: (804) 523-2999

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Homiller Charles J

Charles J Homiller

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Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Automobile Accident Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Legal Service Plans, Traffic Law Attorneys

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Phone: (804) 377-0220

Address: 2201 Libbie Ave, Richmond, VA 23230

Charles, J

Family Law

Adoption

Criminal Law

Criminal Defense
If you have been acquitted of a criminal offense or had the charge nolle prossed or dismissed, contact the Law Office of Charles Homiller at (804)523-2999 for information on how to get it erased from your record. Our experienced criminal defense practice is dedicated to preserving your dignity and livelihood when you have been wrongfully accused of a crime.
DUI/DWI
In Virginia, a third offense driving while intoxicated within a 10 year period is punishable as a felony. In a recent decision, Stewart v. Commonwealth, the Court of Appeals reversed a Winchester Circuit Court's guilty finding on a felony DWI because the Commonwealth failed to prove that the instant offense was actually a third within 10 years. The Court of Appeals stressed that the timing element of prior convictions must also be proven beyond a reasonable doubt in order for a felony DWI conviction to stand.
Traffic Violations
All too often I receive calls from individuals who received a reckless driving charge, but didn't think it was a big deal. The problem is that by the time they call, the court date has passed, the appeal deadline has passed, and nothing can be done to alter the conviction. If only they had called sooner, I could have stopped them from making such a mistake.
Misdemeanors
I agree with the majority of your expungment explanations. However, you did not take into consideration the "deferred prosecution plea." It's different than deferred judgement, I did not enter a plea for a class I misdemeanor but I agreed to a 6 month probation period and after 6 months, the charges will be dismissed. I have no prior criminal record. Since I did not plea guilty or no contest, and I still have access to a trial if I violate my probation, my lawyer says I still qualify for expungment after 1 year.
Embezzlement
In 2001, I was taken to the course for the case of embezzlement, a felony case. I begged, and pleaded my attorney (a public defender) to request proof to substantiate their claims against me, but was told to hush up by him and the judge told me one more outburst, and I would be sent from the room. There was a signed confession by me, who at the time had never been into ANY sort of trouble, and was told by the loss prevention people, sign it or go to jail I felt was the only option. 10 years later, I have NOT gotten into any trouble whatsoever and I am interested to know if there is anything I can do about this now?
Drug Crimes
When prosecuting drug possession cases, the state must prove that you either knowingly or intentionally possessed marijuana. Practically speaking, the prosecutor must prove beyond a reasonable doubt two different things. First, it must be demonstrated that you were aware you were in the possession of marijuana, and second, that you knew or should have known that the substance in your possession was actually marijuana. Possession may be actual or constructive. An example of actual possession would be finding a joint in your coat pocket, while constructive possession might be finding a bag of pot in the glove compartment of your car. In the first circumstance, the illegal drugs are on your person, while in the second scenario, they are not on your person, but are in an area that is under your control.
Assault
As I have previously discussed, Virginia Code Section 18.2-57.2, the so-called domestic assault statute, criminalizes the assault and battery of a family or household member. My emphasis of "and" will become apparent later in this article. You may recall that on a first offense family assault, the judge has the option of deferring a judgment of guilt while placing the defendant on local probation, including the completion of an anger management class. If after two years the defendant has complied with all terms of probation, the case will be dismissed. This outcome is only available on violations of 18.2-57.2.
Shoplifting
I was looking for information on getting a shoplifting charge expunged but I see that if you plead guilty you can not get it expunged. Is there any way to get a pardon from the courts. My shoplifting charge was almost 7 years ago. Is there a time limit for how long a misdemeanor will show on my record?

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