Virginia Gun Laws Convicted Felon 18.2-308.2 Miranda

Anderson v. Commonwealth, 279 Va. 85; 688 S.E.2d 605 January 15, 2010 
Anderson was indicted for possession of a firearm by a convicted felon in violation of Code § 18.2-308.2.  While a police officer was chasing him, he threw a silverish, grayish object, hitting a tree and landing about five or six feet away. 

Thereafter, as the officer was handcuffing Anderson, the officer saw that the object was a revolver and asked Andeerson if it was loaded.  He answered yes.  After discovering that Anderson was a convicted felon, the officer arrested defendant and advised him of his Miranda rights.  Anderson subsequently filed a motion to suppress the statements he made about the gun.  At the suppression hearing, Anderson argued that his initial statement about the gun was obtained in violation of the Fifth Amendment because he was “in custody” and interrogated without first being advised of his Miranda rights.

The failure to give Miranda warnings prior to custodial interrogation violates an individual’s constitutional rights under the Fifth Amendment; therefore, statements obtained by law enforcement officers in violation of the Miranda rule generally will be subject to exclusion for most proof purposes in a criminal trial.

One narrow exception to the Miranda rule, however, is the public safety exception.  The need for answers to questions in a situation posing a threat to the public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment’s privilege against self-incrimination. 

The Court concluded that the failure to administer Miranda rights in a situation coming within public safety exception did not taint Defendant’s subsequent statements after he was advised of his Miranda rights.

Source by Atchuthan Sriskandarajah


Long Term Care and Assisted Living Facilities in Virginia

One of the inclusions of long term care is assisted living facilities. These facilities come in different types starting from private homes, nursing homes, and up to high rise apartment complexes which offer a variety of level of services as well.

The Code of Virginia briefly defines assisted living facilities as any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. This simply means this is a place where general supervision of individuals in need of assistance with basic daily activities is given high priority and availability.

Two common types of these care facilities are residential living and assisted living. Within a residential living, the services provided are designed to provide minimal assistance for adults who are under physical or mental limitations. Residents in residential status of a service can receive some assisted living services on a regular or ad hoc basis.

While, within assisted living, defined by the Code of Virginia, this facility offers moderate support to those who need more help than the residents who benefit from independent living to levels of residential life. Support services are generally provided by caregivers and companions. Other included care services are assistance with ADLS, help with medications and assistance with the necessary precautions during the off-site medical services is needed.

Today, these types of care facilities have also evolved over time. With additional facility amenities, assisted living facilities are now proficient of providing a cosier and more comfortable living environment for people in need of them. Some amenities to mention included are housekeeping and laundry services, grounds keeping, transportation services, security services, and more. But, these additional amenities are added in the monthly fee.

Moreover, and another good thing about assisted living facilities is they also offer social activities for the residents. These social activities come in various forms such as social, recreational, and religious activities. However, the number of hours spent on these social activities must be adhered to state regulations – no less than one hour each day must be devoted to planned socialization, recreation or religious activity.

In addition, to secure proficiency in executing their assistance services, each facility observes a thorough understanding of each resident’s physical and emotional needs. Assisted living facilities require that the assessment is conducted before admission of the resident, and once the person is accepted, an agreement between the house community services and local services board, a health centre or a mental state private institution or physician for services is most required as well.

Source by SweetSoul