Che C. Rogers, Attorney and Counselor at Law, PLLC

Che C. Rogers, Attorney and Counselor at Law, PLLC Che C. Rogers, Attorney and Counselor at Law, PLLC is a criminal defense law firm representing people charged with criminal or traffic offenses throughout the District of Columbia, Maryland or Virginia.
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Operating as usual

Virginia is similar to California that with felony jury trials there is a "guilt" phase where jury decides whether there...
08/25/2020
Scott Peterson's death sentence overturned in murder of pregnant wife

Virginia is similar to California that with felony jury trials there is a "guilt" phase where jury decides whether there is sufficient evidence for a conviction. The second phase is the "punishment" stage where a jury, after making a finding of guilt, make a recommendation for the punishment. In this case the sentence of death was overturned, not the conviction for murdering his pregnant wife.

The California Supreme Court overturned the death penalty sentence for Scott Peterson, found guilty of killing his wife and unborn son in 2004.

It is always important to remember if you are not a U.S. Citizen, there are always legal considerations of how your stat...
08/14/2020
Canadian man in ICE custody passes away in Virginia

It is always important to remember if you are not a U.S. Citizen, there are always legal considerations of how your state criminal case can affect your immigration or naturalization status.

ICE is firmly committed to the health and welfare of all those in its custody and is undertaking a comprehensive, agency-wide review of this incident, as it does in all such cases.

I am representing several individuals that were arrested in this protest.  I am proud I have been able to successfully w...
08/07/2020
Protest In I-95 Express Lanes Near Dumfries Ends In 24 Arrests

I am representing several individuals that were arrested in this protest. I am proud I have been able to successfully work through the process, and so far, two of those clients have had their charges dropped. I'm going to keep working until all of my clients arrested in this incident have their charges dropped.

A group of protesters was arrested Friday after they gained access to I-95 in the Dumfries area and then blocked the express lanes.

Virginia is a firearm friendly state for legal gun owners, but, there are also very  serious consequences to brandish or...
07/26/2020
Robbers escape with merchandise after displaying handgun at mall

Virginia is a firearm friendly state for legal gun owners, but, there are also very serious consequences to brandish or display a firearm in the commission of any crime. In Virginia, the use or display of a firearm in the commission of some crimes adds an automatic three years prison time.

An employee at Saks Fifth Avenue in Tysons Galleria on July 16 at 12:27 p.m. confronted two men inside the store who were attempting to leave with stolen merchandise, Fairfax

Peeping or spying inside a dwelling is an uncommon, but serious offense.  It is a misdemeanor, but definitely carries ja...
07/26/2020
Falls Church Man Charged In Reston Peeping Incident: Police

Peeping or spying inside a dwelling is an uncommon, but serious offense. It is a misdemeanor, but definitely carries jail time. It is also an offense that creates an very advertise stigma on a person's record, if convicted.

Fairfax County Police arrested two men in Reston, one for peeping and the other for throwing objects at a car.

https://dailyprogress.com/news/state/changes-to-virginia-law-on-assault-on-police-eyed-for-special-session/article_0f101...
07/20/2020
Changes to Virginia law on assault on police eyed for special session

https://dailyprogress.com/news/state/changes-to-virginia-law-on-assault-on-police-eyed-for-special-session/article_0f101e52-bc77-5752-851e-31e8439bee28.html

This is a much needed amendment. I have handled countless assault and battery on law enforcement cases. The vast majority the suspect had no intent to actually "assault & batter" the officer, it was simply incidental to the officer's use of force. The other cases I have handled, the individual was mentally ill or extremely intoxicated.

Critics of current Virginia code say minor actions can lead to unnecessarily big problems

Che C. Rogers, Attorney and Counselor at Law, PLLC
07/19/2020

Che C. Rogers, Attorney and Counselor at Law, PLLC

Please do not let that new Silver Line tempt you this season. It's Virginia and they are still not playing around at Tys...
11/23/2014
Virginia may be for lovers, but it is definitely not for shoplifters

Please do not let that new Silver Line tempt you this season. It's Virginia and they are still not playing around at Tysons Corner. I saw FCPD cop (I know from a prior shoplifting case in Tysons Corner) putting a young dude in his cruiser after a search through his pockets and bags in the A Garage a few weeks ago.

http://www.dmvcriminaldefense.com/2014/11/23/virginia-shoplifting-charge/

Virginia may be for lovers, but it is definitely not for shoplifters By Che Rogers on November 23, 2014 Virginia may be for lovers, but it is definitely not for shoplifters. The shopping season is upon us, and with the surge in shoppers, comes shoplifters. Northern Virginia has the best retailers a…

http://www.dmvcriminaldefense.com/2014/08/23/will-i-go-to-a-state-prison-or-remain-at-a-local-jail-if-convicted-of-a-fel...
08/23/2014
Will I go to a state prison or remain at a local jail if convicted of a felony?

http://www.dmvcriminaldefense.com/2014/08/23/will-i-go-to-a-state-prison-or-remain-at-a-local-jail-if-convicted-of-a-felony/

Will I go to a state prison or remain at a local jail if convicted of a felony? By Che Rogers on August 23, 2014In Virginia, it depends on the length of your sentence. State law dictates where your sentence will be served. Virginia law states that if sentenced to 2 years or more on a felony, the D…

http://www.huffingtonpost.com/2013/08/24/citys-annual-cost-per-inm_n_3809823.htmlHow do NYC policymakers justify spendin...
05/25/2014
NYC's Annual Cost Per Inmate: $168,000

http://www.huffingtonpost.com/2013/08/24/citys-annual-cost-per-inm_n_3809823.html

How do NYC policymakers justify spending $168,000 per year to house detainees? The report says 76% are awaiting trial, many for non-violent offenses.

New York City is an expensive place to live for just about everyone, including prisoners. The city paid $167,731 to feed, house and guard each inmate last year, according to a study the Independent Budget Office released this week.

Great topic discussed here. Do you think the police should be able to go through your smartphone without a search warran...
05/18/2014
What Scalia knows about illegal searches

Great topic discussed here. Do you think the police should be able to go through your smartphone without a search warrant simply because they have arrested you for any offense? I say NO!

Brianne Gorod says the right-leaning justice could side with liberal wing in upholding Fourth Amendment protections to keeps cops from searching cell phones.

I think it's obvious that it is an unreasonable for a police officer to have unfettered access to the entire content of ...
04/29/2014
Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones

I think it's obvious that it is an unreasonable for a police officer to have unfettered access to the entire content of your smartphone just because he arrests you for anything.

The high court on Tuesday will consider two cases about whether the police need warrants to search the cellphones of the people they arrest.

"mandatory double-life term in prison without the possibility of parole for conspiracy to possess LSD with intent to dis...
04/27/2014
Sentenced to life in prison, man hopes new clemency rules will get him out

"mandatory double-life term in prison without the possibility of parole for conspiracy to possess LSD with intent to distribute" How does any lawmaker think that is wise sentencing policy?

A man serving life in prison for a drug conviction hopes new clemency rules will give him a chance at freedom.

I appreciate that this woman is a nun, and lived virtuous life, but no one is 100% exempt when national security is invo...
02/19/2014
Nun, 84, Gets Three Years Jail for Nuke Complex Break-In - NBC News

I appreciate that this woman is a nun, and lived virtuous life, but no one is 100% exempt when national security is involved. I had to visit the Pentagon recently to review some discovery materials for a criminal case I defended (my only visit as a civilian). The moment you step off the WMATA metro escalator you see teams of openly armed security with fully-automatic weapons. Honestly, I am genuinely happy to hear the nun and the other protesters weren't killed and only received a few years in prison for breaking into "a defense facility where enriched uranium for nuclear bombs are stored".

KNOXVILLE, Tennessee - A U.S. judge sentenced an 84-year-old nun, Sister Megan Rice, on Tuesday to 35 months in prison for breaking into a Tennessee defense ...

01/10/2014

Just kept an innocent young man that was wrongfully arrested from getting a criminal record and hurting his future. The relief I saw in his eyes and his parent’s eyes after we walked out that courtroom with the case dismissed reminded me why I work so hard as an attorney.

Sad story, family dials 911 because their mentally ill son having a bad night at the house.  Cops arrive and son gets sh...
01/08/2014
'We called for help, and they killed my son,' North Carolina man says

Sad story, family dials 911 because their mentally ill son having a bad night at the house. Cops arrive and son gets shot in while on the floor.

70 seconds: That's how long a North Carolina family says it took for things to go horribly wrong after they called police for help with their mentally ill son.

Maryland’s new driver’s license issuance law is in effect. Now all Maryland residents can obtain a driver’s license with...
01/02/2014
Maryland Driver's License

Maryland’s new driver’s license issuance law is in effect. Now all Maryland residents can obtain a driver’s license without proof of national citizenship or current USCIS documents. Make sure you spread the word to anyone you know in the immigrant community. Regardless of how you feel about the debate on our national immigration policy, public safety is improved with licensed drivers versus unlicensed drivers on our roads. http://www.mva.maryland.gov/Driver-Services/apply/md-drivers-license.htm

apply driver's license, stolen license, lost license, renew,

Just watched an awesome documentary on HBO called Gideon’s Army on the professional lives of indigent defense attorneys....
09/07/2013
Fairfax Criminal Defense Lawyer | Che Rogers Attorney at Law

Just watched an awesome documentary on HBO called Gideon’s Army on the professional lives of indigent defense attorneys. I have nothing but brotherly love for the two defense attorneys that were central to the documentary. They practiced in Georgia and it appears they are up against the same structural obstacles I face in Virginia. In Georgia certain crimes like armed robbery have a mandatory minimum sentence of 10 years if convicted.

I believe the average American voter has no idea how mandatory sentencing laws have devastated the criminal justice system. Let me explain – the majority of felony offenses have a punishment range. For example, in Virginia PWID cocaine carries a punishment of 5 to 40 years in prison. Therefore, that defendant’s sentencing order has to impose at least five years, however, because there is no mandatory minimum punishment that defendant could be sentenced to 5 years with all 5 years suspended with a term of supervised probation to allow a second chance to avoid a substantial term of incarceration.

On the other hand, if the accused was alleged to be a principal or leader of the criminal enterprise that received at least at least $100,000 but less than $250,000 in gross receipts per year in dealing at least 1.0 kilograms but less than 5.0 kilograms of heroin or at least 5.0 kilograms but less than 10 kilograms of cocaine, then the punishment changes dramatically. Defendant # 2 faces imprisonment of 20 years to natural life, 20 years of which shall be a mandatory minimum sentence. It does not matter whether Defendant #2 was the most nonviolent, harmless dealer, with no prior record that only sold to a close network of consenting adult users. If he or she is alleged to have been successful enough in their cocaine enterprise to have made at least $100,000 in a year in moving at least 11 pounds of cocaine they must do at least 20 years in prison.

As illustrated in the documentary, when a person knows they there are facing a floor of incarceration that is unmoving regardless of how weak the case, if they strike out they strike out major, it places an unfair pressure to accept a plea bargain because of the raised stakes of a loss. The person knows that if they are found guilty, there is no argument that could made to a judge or jury for them to be spared a serious term of prison. Just as in the movie, several of the defendants maintained that they were innocent, but had to take a plea to a lesser charge to avoid the mandatory minimum of 10 years for robbery in Georgia.

I know tough on crime politics worked to get some folks elected, but as someone what works in this business, let me tell you that they are not serving the public well.
Check me out at www.dmvcriminaldefense.com

Fairfax criminal defense lawyer Che Rogers, Attorney at Law, represents clients in serious criminal cases. Call (703) 865-6353.

08/04/2013

I was listening to C-SPAN this morning and the topic was prisoner reentry policy and reform; it was discussced at National Governors Association summer conference this weekend.

More states are moving toward granting restoration of civil rights to felons convicted of non-violent crimes (like drugs and serious property or fraud offenses) to allow them to vote, obtain public sector employment, and possess a firearm.

Virginia's current governor Bob McDonnell is even among the evoled and "the Commonwealth" is a hard-core law and order state. However, in VA if your felony was non-violent and you completed your prison term, probation and paid all your court costs and restitution you can get your rights restored. I'm helping some clients through the process now and it is among the most satisfying part of my practice.

If you know an ex-offender living or convicted in DC, MD or VA tell them to contact me so we can see what options exists to help put some of the legal burdens of their conviction behind them.

Che C. Rogers, Attorney and Counselor at Law, PLLC's cover photo
04/01/2013

Che C. Rogers, Attorney and Counselor at Law, PLLC's cover photo

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4101 CHAIN BRIDGE RD STE 103
Fairfax, VA
22030-4105

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