Traffic Cases

Mr. Yeargan handles all traffic cases in Virginia General District Courts, Circuit Courts and Juvenile and Domestic Relations District Courts. Typical types of traffic cases include reckless driving, driving under the influence of alcohol, driving after being declared an habitual offender, and driving after forfeiture of license. Many people do not realize that the Commonwealth of Virginia often prosecutes individuals who drive over eighty (80) miles an hour or speed twenty (20) miles or more over the limit with reckless driving. This is considered a Class One Misdemeanor and can result in imposition of a jail sentence and/or suspension of one's drivers license. Driving Under the Influence of Alcohol is also a serious offense and may result in a jail sentence, loss of license, enrollment in the Virginia Alcohol Safety Action Program and/or fines. It is important to have competent counsel to avoid the pitfalls of the traffic court system. Please contact Mr. Yeargan to schedule an appointment to discuss the ramifications of each charge prosecuted by the Commonwealth of Virginia.

Defense of Reckless Driving Cases in Virginia

Attorney Yeargan regularly appears in Virginia courts to help clients charged with the misdemeanor offense of Reckless Driving. The charge of Reckless Driving is a Class One Misdemeanor, punishable by a maximum of 12 months in jail and/or a fine of up to $2,500.00. The Defendant’s privilege to drive may also be suspended for up to six months.

Attorney Yeargan often obtains dismissal or reduction of a client’s Reckless Driving charge to a traffic infraction. Results in court depend on the facts of the traffic stop and a client’s driving record. §46.2-869 of the Virginia Code allows a charge of Reckless Driving to be reduced to the traffic infraction of Improper Driving, “where the degree of culpability is slight.” A prosecutor (Commonwealth Attorney) may reduce the charge to Improper Driving by plea agreement with the Defendant. A judge also retains the power under that Code Section to reduce the charge to Improper Driving after a full trial on the merits of the case. Improper Driving is punishable by a fine of up to $500.00 (no license suspension or jail time).

If convicted of Reckless Driving, six points are deducted as a demerit on the Defendant’s driving record. Improper Driving carries a demerit deduction of only three points. A six point demerit can cause insurance rates to increase considerably, and may hinder the acquisition of security clearances and employment. A Reckless Driving conviction also stays on the Defendant’s Virginia driving record for eleven (11) years. Convictions for Improper Driving stay on the Virginia driving record for three years.

In Reckless Driving by Speed cases, Attorney Yeargan recommends that the Defendant obtain a speedometer calibration of his or her speedometer before court. The Defendant may also consider completing a driving improvement course before the court date. This can be done voluntarily every two years and it adds five positive points to the Defendant’s point balance with the Division of Motor Vehicles.

For more advice on the charge of Reckless Driving, please call 703-352-9044 to speak directly with Attorney Yeargan. He can help you evaluate the facts and develop a strategy for possible reduction or dismissal of the case. With over ten years of trial experience, Attorney Yeargan can help you effectively prepare your case for court.

Defense of Driving Under the Influence of Alcohol Cases

In the Commonwealth of Virginia, a first offense of Driving Under the Influence (DUI) is a Class One Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.00. A conviction for DUI under §18.2-266 of the Virginia Code results in a statutory 12 month loss of license and mandatory enrollment in the Alcohol Safety Action Program. If eligible, a Defendant may receive a restricted license to drive to work, school, child care and medical appointments.

DUI is a serious criminal offense and stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. DUI convictions may impact insurance rates, employment opportunities, and applications for security clearances.

The legal limit for adult drivers in the Commonwealth of Virginia is 0.08 percent blood alcohol concentration. The concentration of blood alcohol is usually measured by police with a breath test machine called the Intox EC/IR II, made by Intoximeters, Inc., a company located in St. Louis, MO. These machines are relatively new and replaced the older Intoxilyzer 5000 machines used for years in the Commonwealth.

Test results from the Intox EC/IR II may be introduced into evidence at the trial of a DUI. If the test results indicate a blood alcohol concentration of 0.08 percent or more of alcohol, there arises a rebuttable presumption that the defendant was under the influence of alcohol intoxicants at the time of the alleged offense. In order for the test results to come into evidence at trial, the person who administered the test must now be present in court as a witness (due to the recent Melendez-Diaz v. Massachusetts decision from the United States Supreme Court). At trial, the presumption of intoxication from test results may be overcome by a defendant’s driving conduct, performance on field sobriety tests, and behavior at the time of arrest.

Generally, the penalties for DUI increase depending on the level of intoxication, the defendant’s driving record, and behavior at the time of the stop. On a first offense with a blood alcohol concentration of 0.08 to 0.14, a defendant may receive jail time that is all suspended, conditioned on his or her good behavior. Defendants with a blood alcohol concentration of 0.15 to 0.20 receive a mandatory, minimum incarceration of five days. If the blood alcohol level is more than 0.20, the mandatory, minimum period of incarceration is ten days. Penalties increase substantially for those charged with a second, third or fourth offense of DUI. A third conviction for DUI within ten years is a Class 6 felony in the Commonwealth of Virginia under §18.2-270 of the Code of Virginia.

There are many technical defenses to the charge of DUI. Depending on the facts of the case and your driving record, Attorney Yeargan may be able to negotiate dismissal of the charge or reduction to a lesser offense. Contact Attorney Yeargan today for a free initial consultation. With ten years of trial experience, he can work with you to develop a strategy for successfully defending your case.

Defense of Driving on Suspended or Revoked License Cases

In the Commonwealth of Virginia, the offense of Driving on a Suspended or Revoked License is a Class One Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.00. The offense is charged under §46.2-301 of the Virginia Code. Individuals convicted of the charge receive an additional suspension of their privilege to drive in Virginia, for the same time period as the original license suspension. If the time period of the previous license suspension was indefinite, the court may suspend the license for an additional ninety (90) days.

Notice of a client’s license suspension before the driving offense is an essential element of the Driving on a Suspended or Revoked License charge. Lack of notice of the suspension may be an effective defense to the charge. If the Division of Motor Vehicles or entity that suspended the license did not provide adequate notice of suspension to the driver, the charge may be dismissed or nolle prosequi.

A conviction for Driving on Suspended License stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. Convictions for this charge may impact insurance rates, employment opportunities, and applications for security clearances. It is important that a defendant charged with this criminal offense have an experienced and diligent attorney.

The Law Office of Wilfred W. Yeargan vigorously defends clients charged with traffic offenses in the General District, Circuit and Juvenile and Domestic Relations courts. Contact Attorney Yeargan today for assistance with your Driving on Suspended or Revoked License case. Depending on the facts of the case and your driving record, Attorney Yeargan may be able to negotiate dismissal of the charge or reduction to a lesser offense (such as No Valid Operator’s License). His office may be reached at 703-352-9044 for a free initial consultation.

Criminal Cases

Mr. Yeargan has handled hundreds of criminal cases in the Commonwealth of Virginia as defense counsel. Some of the common types of criminal offenses seen in his practice are Possession of Marijuana, Assault and Battery of Family or Household Member, Possession of Cocaine and/or Heroin, Possession of a Concealed Weapon, Felony Eluding of Police, Petit (Petty) Larceny and Grand Larceny, Disorderly Conduct, Destruction of Property, Credit Card Fraud and Felony Child Abuse. This is a short list of the many offenses contained in the Code of Virginia and excludes many other types of cases handled by this firm. It is important to retain competent counsel early in the criminal trial process, especially in felony cases. Mr. Yeargan encourages prospective clients to contact him early before trial in misdemeanor cases and before the preliminary hearing in felony cases.

Expungement of Criminal and Traffic Charges

The Law Office of Wilfred W. Yeargan can file a Petition for Expungement of your criminal or traffic charge in the jurisdiction where it was heard. §19.2-392.2 of the Virginia Code specifies the conditions when expungement is appropriate. Expungement of a criminal or traffic offense removes the charge existing on the defendant’s record.

A Petition for Expungement can be successfully filed when a criminal or traffic charge is nolle prosequi, dismissed, or a defendant was acquitted. A Petition for Expungement cannot be successfully filed when a defendant was convicted of a criminal or traffic charge. It is also not available when the charge was deferred for dismissal with a stipulation of guilt.

The Petition for Expungement is a civil matter, not criminal. A proper pleading must be drafted and served on the Commonwealth Attorney, who is required to file an answer within 21 days. Typically, the defendant must be fingerprinted at the time a Petition for Expungement is filed. If the Petition is filed correctly and is successful, the criminal or traffic charge will be removed from the defendant’s record by court order.

If you have questions about the process of expungement, please contact Attorney Yeargan at 703-352-9044. He will be happy to answer your inquiries and schedule a consultation. Attorney Yeargan has successfully handled many expungements in a quick period of time.

Defense of Grand Larceny and Petit (Petty) Larceny

The Law Office of Wilfred W. Yeargan vigorously defends clients charged with the felony offense of Grand Larceny. That charge, contained in §18.2-95 of the Virginia Code, is a felony in Virginia. Grand Larceny is generally defined as a theft of money or other thing of value directly from a person with a value of $5 or more, theft of a person’s goods or chattels not from their person worth $200.00 or more, or theft of a firearm not from their person. Grand Larceny is punishable by imprisonment in a state correctional facility for a minimum of one year up to a maximum of twenty years. However, a jury or court trying the case without a jury, may impose confinement in jail for a period not exceeding twelve months, and/or a fine of not more than $2,500.00.

Individuals charged with a first offense of Grand Larceny may be able to get the charge deferred for dismissal or reduced to a misdemeanor level offense. These dispositions almost always include a probationary period, payment of restitution to the victim, and completion of community service hours. The disposition of each case is determined by the severity of the facts, a client’s criminal record, and the amount of money involved in the alleged theft. Attorney Yeargan works hard to achieve the best results for a client, with the knowledge that a felony conviction can harm chances for employment and applications for security clearances. Each client is carefully advised before court that felony convictions may affect an immigrant’s visa status and a citizen’s right to vote or possess a firearm.

This law firm also aggressively defends clients charged with Petit Larceny, a misdemeanor theft offense. Petit Larceny is classified as a Class 1 misdemeanor under §18.2-96 of the Virginia Code. It is a theft offense punishable by confinement in jail for zero to twelve months, and/or a fine of up to $2,500.00. The Virginia statute describes Petit Larceny as the taking of money or other thing of value from a person of the value of less than $5, or the taking not from the person of another of goods and chattels of the value of less than $200.00.

Defendants charged with Petit Larceny may be eligible in certain counties for a deferral program. This program allows the charge to be dismissed after a period of probation, payment of restitution and completion of community service hours. Attorney Yeargan can help clients charged with this offense keep their record clean. Contact his office today at 703-352-9044 for help with defending this type of charge in a Juvenile and Domestic Relations Court, General District Court or Circuit Court in the Commonwealth of Virginia.

Defense of Embezzlement Charges in Virginia

The criminal charge of Embezzlement is contained in §18.2-111 of the Virginia Code. Embezzlement is the wrongful taking, concealment or fraudulent use of money, personal property or goods of another. The items must be taken by one in a position of trust or fiduciary duty. Typical examples include money taken by an employee of a corporation, or funds converted from a bailor. As with any criminal charge, the government bears the burden to prove the defendant guilty beyond a reasonable doubt. The government must demonstrate that the defendant had the requisite intent, or mens rea, to deprive the owner of the property.

The criminal charge of Embezzlement is punished the same in Virginia as Grand Larceny or Petty Larceny. Generally, if the amount alleged to be stolen is less than $200, the offense is deemed to be misdemeanor petty larceny under §18.2-96. Any amount $200 or more is considered felony Grand Larceny under §18.2-95.

Grand Larceny is punishable by imprisonment in a state correctional facility for a minimum of one year up to a maximum of twenty years. However, a jury or court trying the case without a jury, may impose confinement in jail for a period not exceeding twelve months, and/or a fine of not more than $2,500.00. Petit Larceny is classified as a Class 1 misdemeanor. It is punishable by confinement in jail for zero to twelve months, and/or a fine of up to $2,500.00.

Attorney Yeargan aggressively defends those charged with Embezzlement and other crimes. These types of charges are complex and require experienced representation. Attorney Yeargan will work closely with you to evaluate the facts of the case and develop a successful strategy for your defense. The Law Office of Wilfred W. Yeargan represents clients in the following areas: Fairfax County, Prince William County – Manassas, Arlington County, Loudoun County – Leesburg, Alexandria, Falls Church, Vienna, Herndon, Fauquier County – Warrenton, Spotsylvania County and Warren County – Front Royal. Contact his office today at 703-352-9044 to schedule a free initial consultation.

Landlord-Tenant Cases in the State of Virginia: The Process of Eviction

In the Commonwealth of Virginia, the majority of residential landlord-tenant cases are filed for failure to pay rent. The landlord initiates a case by serving the pay or quit notice upon the tenant. This notice gives the tenant five days (or longer, depending on the terms of the lease) to pay back rent and associated late fees or risk termination of the lease agreement. The Law Office of Wilfred W. Yeargan serves the pay or quit notice by private process server, so that a notarized affidavit of service can be used in court. If the sums are not paid, the landlord may file a court action called a Summons for Unlawful Detainer.

The Summons for Unlawful Detainer is filed in the General District Court. The General District Court generally has jurisdiction to hear disputes of money up to $15,000.00. A copy of the pay or quit notice, a Soldiers and Sailors Affidavit, and an Affidavit for Default Judgment should be filed with the Summons and served by the Sheriff. The court case allows the landlord to evict the tenant and obtain possession of the premises after judgment. The landlord may receive, in addition to eviction, a judgment against the tenant for back rent, late fees, any property damage, costs and attorneys fees.

When the Summons for Unlawful Detainer is filed, the clerk assigns an initial return date thirty to sixty days away. This return date is essentially a status hearing to set the case for trial. If the tenant does not appear for the return date, the plaintiff landlord may obtain a default judgment. When a tenant appears at the return date and contests the case, the judge assigns a trial date several weeks in the future. Landlord-tenant cases in Virginia are assigned priority on the civil docket in the General District Courts.

In Virginia, a tenant sued in Unlawful Detainer may exercise a right of redemption once every 12 months. The right of redemption allows the tenant to pay all back rent, late fees, court costs and attorneys fees to the landlord before the return date. The tenant is allowed to retain possession of the premises for the remainder of the lease term if all rent is timely paid. The court case is dismissed by the judge. A tenant may exercise this right of redemption only once every 12 months under the Code of Virginia.

Landlords who receive payment of rent from delinquent tenants may waive their right to file suit and demand possession of the leased premises. A rent receipt with Notice of Reservation should be sent to the tenant for all payments received after the expiration of the pay or quit period. This notice must be sent to the tenant within five business days of receipt of the rent under the Virginia Code.

If a landlord receives a judgment from the General District Court for Unlawful Detainer, he may then evict the tenant from the premises. This is done by filing a request for a Writ of Possession with the clerk's office. In some counties this may be filed only after the ten day appeal period lapses. Once the writ is filed, the Sheriff's Office will coordinate the eviction process with the landlord.

Attorney Wilfred W. Yeargan represents landlords and tenants in the Northern Virginia area, including Fairfax County, Prince William County, Fauquier County, Loudoun County, Arlington County, Stafford County, Spotsylvania County, Alexandria, Herndon, Vienna, and Falls Church.

Business Formation and Litigation

This law firm also assists clients in the formation of their chosen business entity. Mr. Yeargan assists clients with the establishment of Corporations and Limited Liability Companies. He serves as a registered agent with the State Corporation Commission for such entities. In addition, he drafts contracts and business documents for clients and assists them with Internet domain operation. In the event litigation is necessary, he is available to negotiate and prosecute civil claims including, but not limited to, Breach of Contract.

Personal Injury

This law office assists clients with personal injury claims stemming from motor vehicle accidents or intentional harm resulting from assault and battery. Mr. Yeargan assists clients with assessing the extent of physical injury and determining the strength of each claim. In addition, he explains the law in Virginia applicable to personal injury claims and the defenses commonly asserted in those actions (such as contributory negligence and consent). Mr. Yeargan aggressively negotiates with insurance companies to obtain the most favorable financial result. When necessary, he files suit on a client's behalf to effectuate a better resolution.

Contact Information:

Wilfred Ward Yeargan, III
10560 Main Street, Suite 217
Fairfax, VA 22030.

Telephone: 703-352-9044
Cellphone: 703-283-8442
Facsimile: 703-352-9045
Email Address: wardyeargan@aol.com