June 2016
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Speaking Engagement
Attorney Virginia Landry will be presenting for the Orange County Bar Association, Trusts & Estates Law section on Wednesday, June 8, 2016 at 12:00pm. Location: Grand Catered Events located at 300 South Flower Street in Orange. Program Title and Description: "DMV Issues for Baby Boomers and Beyond". The Department of Motor Vehicles monitors the health, safety and points assessed for California drivers. This lunch presentation will provide an overview of the process related to driver's license competence faced by elder clients and the attorneys who represent them. Virginia will also discuss competence and impairment issues (medication and alcohol) for attorneys and the administrative process for the DMV with a variety of hearing types.
Preferred Client Personal Parking 


 

We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.
How Much of A Drug Must You Possess Before Being Charged With Intent To Sell?
After Californians passed Proposition 47 in November of 2014, the possession of most illegal drugs was reduced to a simple misdemeanor. Rather than charge every person in possession of drugs with a felony, law enforcement now has the ability to decide what type of charges a person should face based on the amount of the substance and whether or not that person intended to sell or distribute those drugs.

People who are planning to sell or distribute illegal drugs can still face serious criminal charges even though the sentences for possession have been reduced. In order to prove a person's intent, law enforcement will look for several things.

First, the prosecutor will consider the amount of the drug that a person possesses. A person who is caught with a gram of cocaine is more likely to be using that drug recreationally than a person caught with ten pounds of the drug.

Second, the prosecutor will consider how the drug is packaged. If the drug is in a Tupperware container in a nightstand, it is probably for personal use. If the same amount of the drug is packaged into multiple individual baggies that could be quickly sold, a distribution charge is more likely. The presence of scales, cash, or other packaging or measuring devices nearby would also support a distribution charge.

Finally, the person's behavior and circumstances also matter. If that person receives many strange visitors, has many types of paraphernalia around the house, or has an unknown source of income, these circumstances may sway a prosecutor's opinions about the purpose of the drug.

If you are arrested for the possession of illegal drugs, it is important to make sure that prosecutors do not charge you with the intent to distribute that drug. In many instances, an experienced criminal defense attorney can help you make the case for personal use to lessen the penalties you may be facing.

At the Law Offices of Virginia L. Landry, our criminal defense attorneys will work to reduce your charges if possible and will fight to keep you out of jail. To learn more about your options after being arrested for drug charges, call 866.902.6880 today or visit us  online here.
Could Your Vehicle Be Seized Because of A DUI?
It can be difficult to get your life back on track after an arrest for driving under the influence of alcohol or another substance. People who are arrested must deal with a variety of complications, including the possibility of jail time, fines, community service hours, and a suspended license. On top of these issues, some arrested individuals face even bigger problems after the police seize their vehicle.

Asset forfeiture is a controversial topic. The government has the legal ability to seize and keep property like vehicles, weapons, money, and other assets if that property was used while committing a crime or was obtained through criminal activity. It doesn't matter if the person who owns the property is innocent or even uninvolved in a particular crime - the government pursues asset forfeitures against the property itself, not its owner. 

In California, law enforcement officials and departments can keep up to 80% of assets seized under state and federal law. This gives police a powerful incentive to seize cash, vehicles, and other valuable property that can be used to finance their departments. If an asset seems like it may be eligible for forfeiture, police can seize and hold that property while the state pursues its criminal case. 

In order to keep a person's property in California, most asset forfeitures require a conviction. This does not mean that the person who owns the property must be convicted, but only that there is a conviction related to the property. For example, suppose a man is driving his girlfriend's car to deliver a large amount of illegal drugs. If that man is caught by police, the vehicle could be forfeited even though the girlfriend who owned the car was not involved in the illegal act. As long as there is a conviction related to the property, the police may permanently keep the vehicle.

If the state and/or federal governments are planning to keep a seized asset, the prosecutor must provide the property owner(s) with notice of its planned forfeiture. The person who owns the property will have 30 days to file a claim of ownership before the prosecutor can declare the asset forfeited. If someone objects to the forfeiture within 30 days, then the prosecutor will need to begin a civil forfeiture lawsuit against the property which will usually end with a jury trial.

In the context of DUI cases, civil asset forfeiture is uncommon but it does occur. A person is more likely to lose his or her vehicle if the DUI involves illegal drugs or if there were drugs in the car during the arrest. Additionally, a person who seriously injures or kills another while driving under the influence is more likely to have his or her vehicle seized for forfeiture. Finally, a driver's vehicle can be seized if the driver is declared a nuisance. This usually occurs when a person drives on a suspended or revoked license or has a history of multiple DUI arrests.

If your property was seized after an arrest, it is important to act quickly. There are tight deadlines for filing a claim of ownership that must be met to avoid forfeiture. Additionally, it is important to ensure that you have the best criminal defense possible to avoid forfeiture. If you are convicted, you may lose your property regardless of whether or not you filed a claim.

At the Law Offices of Virginia L. Landry, our Orange County DUI defense attorneys represent people accused of driving under the influence every day, and will work to help you clear your name.  For more information about your rights and options after a DUI, visit www.duiqueen.com. To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.
The Law Offices Of Virginia Landry Team
Law Offices of  Virginia Landry