Virginia Beach, VA
Criminal defense Lawyer at Virginia Beach, VA
Practice Areas: Criminal Defense, Litigation ... +11 more
OUTCOME: Enticement, Production and Possession of Child Pornography. 81 years BELOW guidelines.
Enticement, Production and Possession of Child Pornography. Federal Sentencing Guidelines called for Life imprisonment. Mandatory minimum required sentence of 15 Years. A reasonable expectation was a ... sentence 30 years. The court sentenced Andrews to 19 years and a minimal fine.
OUTCOME: Reversed and Dismissed; by Appeal to the Court of Appeals then to the Virginia Supreme Court
Mr. Latuga tried this case in the Virginia Beach Circuit Court, preparing it knowing that there would likely be an appeal to correct this important issue in firearm rights law. The Virginia Court of Ap ... peals affirmed the conviction. We appealed higher and Mr. Latuga's partner, Mr. James Panagis, argued the appeal. From the Virginia Supreme Court Website: "In an appeal from a conviction for carrying a concealed weapon while intoxicated in violation of Code § 18.2-308.012, the rule of lenity applies, an ancient maxim of the law that all such statutes must be construed strictly against the state and favorably to the liberty of the citizen. By enacting this statute, the General Assembly specifically targeted persons permitted to carry concealed handguns and sought to prevent them from carrying a handgun in a public place while intoxicated, it did not envision preventing the transportation of a handgun within a bag located in a vehicle. Rather, the legislature sought something more specific, intending to deter intoxicated individuals from physically carrying a concealed handgun – whether it be in their waistband, pocket, etc. – in and out of public establishments. In this case, the defendant had a valid concealed weapons permit and provided it to the officer during the traffic stop. He did not physically carry the handgun on his person, but rather, the handgun was holstered in a small, zipped backpack on the front passenger seat of his vehicle. Under these facts, this defendant did not “carry” the handgun as contemplated by Code § 18.2-308.012, and his conviction was in error. The conviction is reversed."
OUTCOME: Dismissed; Child Pornography; Unlawful Search Warrant
Charge: Possession of Child Pornography. This case involved a multi-jurisdictional investigation into users on the KIK application who were discussing human trafficking and potential production of chil ... d pornography, or at least child erotica. A search warrant was conducted by local authorities in conjunction with the Federal Government. My client was charged with possession of child phonography from that search warrant. However, after a 40-page "Franks Motion" attacking the detective/ search warrant affiant's deliberately false statements, or statements made in reckless disregard for the truth, the Commonwealth dismissed all charges in the face of a certain loss. Case dismissed.
OUTCOME: Not Guilty after Jury Trial; Sodomy, Object Sexual Penetration, Aggravated Sexual Battery
Felony sodomy, object sexual penetration, and aggravated sexual battery charges in Virginia Beach. Case proceeded to a five (5) day Jury Trial. Each day of the trial was contentious and brutal. The jur ... y deliberated for a day and a half. Ultimately, the Jury found my client Not Guilty of ALL charges, acquitting my client completely. All charges are being expunged.
OUTCOME: First offense misdemeanor Possession of Marijuana, $500 fine and no jail
Client’s home was searched under a valid search warrant. Almost 5 ounces of marijuana and thousands of dollars were seized. “Owe sheets” and packaging materials were also located by police. My client’s ... charge was reduced to a simple possession.
OUTCOME: Robbery and Conspiracy- Dismissed
Robbery with a firearm over a card game; charged with Robbery and Conspiracy
OUTCOME: 30 day sentence; guidelines called for 4-10 months
Violation of Probation/ Supervised Release in the United States District Court for the Easter District of Virginia, Norfolk; Guidelines called for 4-10 months of incarceration; hearing conducted and se ... ntenced well-below the guidelines range to 30 days with termination of probation after sentence.
OUTCOME: Robbery, Mask, and Use of a Firearm all Dismissed
Drug store daytime armed robbery with gun. Suspect wore a mask and ran from the store after holding up the drug store clerk receiving multiple prescription bottles of narcotics. Jacket used in the robb ... ery located nearby by police. DNA testing returned with my client's DNA on and in the jacket. Case dismissed at prelim.
OUTCOME: Felony Destruction; 100/45 MPH; Obstruction; Trespass; Poss. MJ; - NO Felony; 10 days in jail and a $200 fine.
Client indicted for Felony Destruction of property, Reckless Speeding (over 100 MPH), Obstruction of Justice, Trespass, and Possession of Marijuana. Client retrieved his vehicle from an impound lot by ... crashing it through a fence, evaded the owner of the lot at high speed, ran on foot from the police once stopped and had marijuana in the vehicle.
OUTCOME: Contributing to the Delinquency of a Minor and Driving Suspended Dismissed
My client had left a child at a daycare center while distracted with other children. The child wandered into the street. Upon returning, the child was in the care of multiple other adults and police ar ... rived shortly after. Police did not see the child without my client and did not see my client driving. They did however smell marijuana and my client agreed to a consent search. After a lengthy hearing I argued that the evidence for Contributing to the Delinquency of a minor and Driving While Suspended-3rd offense was insufficient and constituted illegal arrests. The court agreed and the charges were dismissed. My client entered the first offender program on the marijuana charge for an eventual dismissal of that charge as well.