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Ask the Arlington Fairfax Attorney: In a Violation of a Protective Order Case, What Does it Mean to Enter a Place “Furtively?”

Often, words used in Virginia criminal statutes are not colloquial. In a recent case, an allegation of Violation of a Protective Order was elevated from a misdemeanor to a felony based on whether the defendant entered a home “furtively.”

In this case, the defendant and the victim formerly had a romantic relationship. However, Romeo and Juliet they were not; the victim obtained a Protective Order against the defendant. (Protective Orders bar a person from having contact with the subject of the Order. Violations can have serious consequences — in this case felonious consequences). One night, while the victim was home alone and sleeping on a couch, the defendant broke a window and entered her house. The shattering glass woke the victim. She saw the defendant coming at her from the kitchen. She ran out of the house, but he grabbed her and was pulling her back to the house with a knife to her throat. A neighbor called the police and the arriving squad cars caused the defendant to flee.

Under Virginia Code sec. 16.1-253.2, a first offense Violation of a Protective Order is elevated to a felony when a person violates the Order by “furtively entering the home” of a protected party while the party is present.

The defendant argued in court that his actions were not “furtive.” He argued that he was very noisy — he broke glass! The Court of Appeals disagreed and, while it defined this obscure term to mean “stealthily, surreptitiously, slyly, or sneakily,” it did not require a person to act with “ninja-like stealth.” The Court found that, with all doors and windows locked, that the defendant chose the mode of entry most likely to allow him to get inside and overpower the victim before she could detect his presence and react. In this case, the defendant acted furtively. The conviction was affirmed. The case is Calloway v. Commonwealth, 0387012-3 (August 6, 2013).

(While all this is certainly interesting, for lawyers the main point of this case is a procedural issue. In Virginia, the Commonwealth’s Attorneys (“CA”) prosecute criminal cases at trial and the Attorneys General (“AG”) handles appeals. What happens when a CA fails to object to a defendant’s Assignment of Error that AG believes is flawed? Nothing. The objection is waived. The AG is bound by the CA’s waiver).

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.