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Robbery: Passenger in Getaway Car Used in Robbery Can be Convicted of Robbery

The passenger of a getaway car used in a robbery in Suffolk, Virginia was convicted of Robbery even though he was neither the robber, the lookout, nor the driver of the getaway car.  This case is yet another lesson that one should pick his friends carefully. In Virginia, one who does not commit a crime but who assists the commission of a crime can be found guilty as a “principal in the second degree.”  Such…

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Failed Discrimination Claim Creates Winning Retaliation Claim

The federal court of appeals for the Fourth Circuit has reaffirmed that employees can prevail on retaliation claims even when their underlying discrimination claims have failed.  In an unpublished per curiam opinion, the court of appeals dismissed the plaintiffs’ claims under the Equal Pay Act, but remanded one plaintiff’s retaliation claim back to the district court in Roanoke after finding that the trial court had erred when it entered judgment in favor of the employer.

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Bars Zoned Out of Business Cannot Rely on Prior Special Exception

Two businesses (Bar Norfolk and Have a Nice Day Cafe) were operating as restaurant/bars in Hampton Roads, Virginia.  They had been operating under a blanket special exception to the zoning ordinance.  After some ABC violations, the City later revoked the blanket special exception and required all affected businesses get their own special exceptions, if they could.  The bars tried, failed, and then claimed that they had a vested right in the prior zoning. However, the

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Reckless Driving / Improper Driving: Is Reckless Just a Lesser DUI Charge?

A sheriff deputy responded to a single vehicle accident.  Apparently, the driver hit a patch of water and hydroplaned into a median.  However, the driver smelled of alcohol and admitted to having had a few beers.  Apparently satisfied that the driver was not intoxicated, the deputy nonetheless charged him with Reckless Driving.  After a trial, the court found him guilty of Improper Driving. Is Reckless Driving just a lesser version of drunk driving (DUI)?  The

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Computer Harassment / Stalking: “Implied” Threats Can Constitute Harassment

What is the crime of Computer Harassment / Stalking?  A recent case from the Court of Appeals answers this question and gives a good explanation of how even “implied” threats can violate the law. A man previously convicted of stalking his ex-girlfriend was convicted on Computer Harassment stemming from repeated messages to her.  The Court of Appeals affirmed his conviction. Virginia Code sec. 18.2-152.7:1 criminalizes the sending of computer messages that communicate obscene, vulgar, profane,

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