In January of 2005, D'Angelo was arrested and charged with possession of marijuana, possession of a controlled substance, and driving while intoxicated. He pleaded guilty to the DUI and marijuana charge and, on April 13, was given a fine and suspended sentence and his driver's license was revoked. On September 12, he received a three-year suspended sentence on the cocaine possession charge.
On September 19, 2005, just a week after being sentenced for cocaine possession, D'Angelo was critically injured in Powhatan County, Virginia when the SUV he was riding in hit a fence, ejecting him from the vehicle. He was not wearing a seatbelt. He has now been released from the hospital and is recovering at home from multiple rib injuries and bruises. A followup release to Voodoo has yet to see the light of day; however, in recent months, D'Angelo is said to be hard at work on a third album, tentatively titled James River. Should the album eventually be released, it will be issued under Clive Davis' J Records label, which acquired D'Angelo's contract from Virgin Records sometime in 2005.