Virginia Involuntary Intoxication Criminal Defense Lawyers Attorney

by

Atchuthan Sriskandarajah

Commonwealth of Virginia v. Samuel Richardson

Facts:

During the evening hours the Defendant arrived at a party of local college students. The Defendant remembers ingesting a drink at the party, and his next memory is awaking in the City Jail. He asserts that he awoke with a severe headache and nausea. Upon his release, the Defendant went to the Hospital where a urine screen was performed. Among the information gleaned from that test was the presence of benzodiazepines in his system. Defendant asserted that he unknowingly consumed a drink containing benzodiazepines, causing him to exhibit symptoms consistent with intoxication. He bases his defense on involuntary intoxication. Without conceding that the Defendant’s intoxication was involuntary, the Commonwealth argues that involuntary intoxication is not an independent defense but is, rather, simply a defense of temporary insanity. In a criminal prosecution against defendant, defendant filed a motion in limine.

Issue:

Whether Involuntary intoxication is a

criminal defense

separate and distinct from the temporary insanity defense?

Discussion:

This court held that involuntary intoxication is a criminal defense separate and distinct from the temporary insanity defense. In sustaining defendant’s motion in limine, the court held that, while the involuntary intoxication defense was very similar to the insanity defense, the involuntary intoxication defense was a separate affirmative defense from the insanity defense. Under the modern definition of involuntary intoxication, the only difference between the definition of this defense and the insanity defense was the cause of the condition. While, for insanity, the proof of a mental disease or defect was required, for involuntary intoxication, proof that the intoxication was involuntarily caused was required.

Judgment:

This Court concludes that the involuntary intoxication defense is a separate affirmative defense from the insanity defense. In turn, this Court sustains the motion in limine.

Disclaimer:

These summaries are provided by the

SRIS Law Group

. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts, New York,

North Carolina

& California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

Article Source:

ArticleRich.com

Things You Should Know When Filing for Divorce

by

Katie McCoy

If this is your first time filing for divorce, you likely have many questions regarding how the divorce process works and how to go about it. This information will help get you started:

How do I file for divorce? Divorce falls to the courts in the particular jurisdiction you live in. The easiest way to get started is just to search the internet using keywords like \”forms to file for divorce in Denver, Colorado,\” or wherever you live. Once you complete the forms they will need to be filed with the agency listed, and a copy served to the other party. This initiates the process of divorce.

Do you qualify for a simple divorce? In some cases it may be possible to do a \”simple\” or summary divorce, which can be done out of court and without lawyers. This only requires court filing fees, typically around $150 to $300. However, most married people will not qualify for a summary divorce. If the divorce is contested, or if you have any children, or if either spouse has combined assets exceeding $25,000 in most cases, you will need to go the more traditional route.

What\’s the best divorce option? If a simple divorce is out of the question, your remaining options are to divorce through mediation, arbitration, or traditional divorce court. Each type gets more expensive and more complicated in the order listed, and which route you end up taking largely depends on the degree of conflict and/or cooperation between you and your former spouse. Meditation is the cheapest (anywhere from $2,000 to $7,000) and involves working out the details of divorce through a trained divorce mediator. Next up is arbitration, which involves lawyers arguing the details of your case but still aims to produce a settlement out-of-court. Finally you could take your case to court, which is often the most expensive and drawn-out process.

How long does it take? How long the process takes will depend upon which type of divorce you end up utilizing. A summary divorce can happen immediately, just as soon as you get the paperwork turned in. Mediation is a process that usually takes a couple of months (depending on your mediator\’s schedule and how many sticking points there are between you and the other party), then another three to twelve weeks for you settlement to be processed and the divorce finalized. Arbitration is typically a longer process, largely because it involves coordinating lawyers\’ schedules. You should allow for 6 months or more. Taking your divorce to court is the most time intensive option, and depends largely on how full the court\’s docket is. Most family courts are understaffed and under-funded, and it may be a year or more before they hear your case. The proceedings typically last no more than a day or two, a few at the most, and the judge issues his ruling by mail several weeks later, finalizing the divorce.

GCF works to improve the lives of children, focusing on child safety and family issues through child readable books, educator learning materials, and parent education materials. Find

divorce information

and learn the

types of divorce

at Don\’t forget to follow us on Twitter @GCFparents

Article Source:

ArticleRich.com