We are very lucky in this episode to welcome back Mayo Wilson who was a guest on an  earlier episode of the show.  He is an Assistant Commonwealth Attorney in the Fairfax County Commonwealth Attorney Office.  He is joined by Lula Kelly, who is the Diversion Program Manager for OAR (Opportunities, Alternatives, & Resources).  In Fairfax, OAR provides diversion programs, services for those incarcerated, post-release services, and family services.  OAR also services Loudoun County and Prince William County.    https://oarnova.org/

In this episode Lula explains what OAR does and also shares with us what Taking Root is in Fairfax County. https://www.fairfaxcounty.gov/commonwealthattorney/taking-root
This is for non-violent offenses and to be eligible the person must have an underlying issue that has led to their criminal involvement.  If accepted into this program, the person will receive a plan that focuses on their individual needs and treatment.  If they are successful in satisfying the conditions put in place then they often may have their charge dismissed at the end of the case.

Mayo shares how the Fairfax County Commonwealth Attorney handles those applying to this program and ideally how things could play out if their office agrees to allow someone this opportunity to take root and start again.


LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

TIn this episode it is just the four regular hosts and.  Trespassing is a class 1 Misdemeanor and can be harmful to a criminal record even though it is not a felony or a crime of moral turpitude involving lying, stealing, or cheating, It can land people in jail again and again if they go back to places they have been banned from before.  This can happen a lot to those with nowhere to live where they just try to find somewhere safe and warm and comfortable to stay.  These cases can also often involve people with mental health and/or substance abuse issues.  Trespassing may seem simple enough but there are some interesting legal issues that can arise in proving these cases!


LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

Please note that one of our regular co-hosts Anthony Nourse did not participate in this episode as he was recently appointed as a substitute judge in Fairfax County.  Due to the political nature of this episode, Mr. Nourse had to refrain from participating in this episode as required by the Canons of Judicial Conduct for the Commonwealth of Virginia.

We took a looong summer break that lasted well into September but we are back with an all new episode with a special guest appearance by Blake Woloson who subbed in as a co-host for Anthony Nourse.  In this episode we welcome the two candidates for Fairfax County Circuit Court Clerk.  They are currently on your ballot right now in Fairfax County and early voting has begun!  This is the first debate we have had on our podcast and the candidates kept it very cordial while still advocating for your vote in the November 2023 election here in Fairfax.  Gerarda Culipher and Chris Falcon are your candidates running for the head Clerk of Court in the Fairfax County Circuit Court.  We begin by having the candidates explain just what the job of the head clerk is and then we get into each candidate's vision for how they would handle the position if elected.  Below are the links to each candidate's campaign site:

Gerarda Culipher   https://www.culipherforclerk.com

Chris Falcon   https://www.falconforfairfax.com

Here is info on voting in the election (either through early voting which has just begun or on Election Day November 7, 2023 if you prefer to vote the ole fashioned way in person!)
https://www.fairfaxcounty.gov/elections/upcoming


LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

This week, we were lucky to have a Fairfax County Commonwealth Attorney Mayo Wilson join us on this episode.  Mayo used to be an immigration and criminal defense attorney and he used to have his own law firm as well.  He switched over to the dark side, whoops we mean prosecution side right before Covid hit in 2020.  He tells us about his experience as an attorney and switching sides!  We appreciate how even keel he always is and how he can value a case and the evidence and balance both scales of justice!

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

We all know that video and audio are everywhere these days.  It is no different for jail calls.  Unless someone being held in a jail or prison is talking to an attorney on the phone or emailing on a tablet, those calls and messages are being recorded.  There are usually signs or notices right above the phones.  When you get on the phone there is an audio recording that tells you the calls are being monitored and recorded.  This is 100% true.  Anything you say can and will be used against you unless it is confidential or privileged information with your attorney.

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

A fellow friend and local attorney George Freeman IV joins us in this episode.  We get to hear about his adventures as a bondsman and various other jobs he had throughout the years.  Then he educates us on the differences between a grand jury, regular jury, a special grand jury, and a multi jurisdictional jury.

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

A video was shared in the news recently showing a vehicle traveling at a high rate of speed, lose control, and come across a grassy median separating lanes going opposite ways.  The car traveled over the grass and lanes of traffic to  hit a police officer who had another vehicle stopped on Fairfax County Parkway, that stopped vehicle, and the police cruiser. You can watch the video at this link:
https://youtu.be/PtbcqXYfaoY
It turns out the driver was a juvenile who also had passengers in the vehicle.  So, in this episode we just wanted to raise awareness for juveniles and all drivers to be more careful, keep your speed down, and be alert to what is going on around you when out on the highways!

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

In this episode,, we tackle a topic that many are curious about, that many do not understand, that many do not agree with, and one that is important to many many people.  We welcome a fellow attorney and friend, Brian Goodman, a Senior Trial Attorney with the Office of the Public Defender in Fairfax County.  Brian is also president elect of the Virginia Association of Criminal Defense Lawyers and is a member and leader in various other organizations as well.  Brian explains what it is like for nonbinary and transgender folks to be in the criminal justice system and why it is so much harder for them.  We learned a lot and look forward to passing this knowledge along to our listeners.

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

Well, we made it 100 episodes!  Seems crazy we have come that far. In this episode we bring on Judge Lindner from Fairfax County to put us in the hot seat!  We all knew him when he was a defense attorney and continue to see him in the cafeteria and around the courthouse weekly.   He questions us about about various criminal law related issues, how we get business, and what we would want to be doing if we were not criminal defense attorneys.  Thanks for joining us on our 100th episode!

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.  

Please note that one of our regular co-hosts Anthony Nourse did not participate in this episode as he was recently appointed as a substitute judge in Fairfax County.  Due to the political nature of this episode, Mr. Nourse had to refrain from participating in this episode as required by the Canons of Judicial Conduct for the Commonwealth of Virginia.

Every 4 years in Virginia, there is an election to vote for the head Commonwealth Attorney in each county  throughout Virginia.  This year, there is a fight in Fairfax County for the Commonwealth Attorney position.  The primary opened up for early voting May 5, 2023 and the primary itself is on June 20, 2023 which is your last day to get out to vote.  This year there are two candidates running for Fairfax County Commonwealth Attorney: the incumbent/current Commonwealth Attorney Steve Descano and his challenger Ed Nuttall.  Both are running in the Democrat Primary June 20, 2023 to try to gain the Democrat Nomination and only one of them will be able to run in the election on November 3, 2023.  There is no Republican candidate so unless someone runs as an Independent one of these two men will be voted in as Commonwealth Attorney in Fairfax.  We invited both of them onto the show but never received a response from Mr. Descano or his team.  We did get a chance to ask Mr. Nuttall about why he is running, what he would change, and how he would do things differently. 

LEGAL DISCLAIMER:

If you are listening to this podcast, thank you!  We sincerely hope you are listening to this podcast for its entertainment value and not with the intention of acquiring legal advice for any individual case or situation.  I mean, come on! You wouldn’t take advice from someone you have never met or spoken to directly, right?   If you were bleeding profusely, you wouldn’t listen to a podcast in hopes of a bandage somehow materializing over the internet and onto your 3D printer.  Seeking actual legal advice can be just as important as a tourniquet.  The hosts of this podcast are in no way intending to create an attorney-client relationship with any listener.  Sorry.  We are sure you all are great people but we cannot stress enough how little we know of you and your case and rather than risk an awkward moment, let us just remember we have never met.  Nothing on this platform be taken as legal advice for any individual case or situation!  We are just a group of friends with differing opinions and viewpoints which we will try to explore through discussions of current events, law changes, and whatever else floats our fancy.