Legal Question in Criminal Law in Virginia

Open Burn

Background: I was given a Class 1 Misdemeanor summons after having a small controlled fire on my property. I called the fire department b4 the fire like the law in loudoun says. The fire marshall said I couldn't be in the wooded area on my property, he did not examine the fire but wrote me the summons anyway. The code states 50 feet from a structure but nothing about woods. On a previous occasion, in oct I had a fire marshall come out and tell me I was fine in the same area and that the set up I had was good. I have a witness to this and he is willing to go to court with me. The firemarshall who gave me the summons was a real jerk and refused to listen to me or my neighbor. My other witness who was with me at the time of the summons works for homeland security and is my neighbor. He has lived in the neighborhood for 8 years and routinely has fires in his backyard with out problems. I have been there a year, but have lived in the area all my life.

Questions:

1. Can I have a jury trial?

2. If convicted of this bogus accusation, what's the liklyhood of me getting jail time?

I don't have a prior record. I don't think I did anything wrong. I also don't want to spend any money fighting this by hiring a lawyer.


Asked on 1/07/05, 1:45 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Open Burn

Since you've been charged with a Class 1 misdemeanor which is a jailable offense, you should have competent criminal defense counsel to represent you who, if all that you say is true, should be able to get this matter either dismissed outright or, if Loudoun prosecutors are ill-advised enough to take it to trial, your attorney should have no trouble in winnng an acquittal in your behalf.

This case would be heard, initially, in the general district court before a judge; you would be entitled to a jury trial only in the event that you lost in the general district court and then appealed (within 10 days) for a new trial in the circuit court.

Read more
Answered on 1/07/05, 3:17 pm
Sudeep Bose Bose Law Firm, PLLC - Former Police, Prosecutors & Investigators

Re: Open Burn

There is no right to a jury trial at the first level of court - namely, the General District Court. However, if you are convicted, there is a right to a new trial in the Circuit Court and such trial may be with a jury at the motion of either the defendant or Commonwealth/City.

Certainly, it is better to defend the case aggressively in the General District Court. Additionally, it is this firm's practice to avail a court reporter in the GDC trial to lock the testimony of the government witnesses.

I do not believe that jail time will be an issue in the case, however, your damages from a conviction are significant. Directly, there will be a class one misdemeanor criminal offense on your record. Collaterally, there may be implications to you general ability to obtain homeowner's insurance in the future based on the increased risk inherent from a conviction from this offense.

BOSE LAW FIRM, PLLC

By: Sudeep Bose

Former Police Officers & Investigators

703.926.3900

Read more
Answered on 1/07/05, 4:53 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia