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Recent Questions & Answers

1 Answer | Asked in Criminal Law for Virginia on Feb 5, 2014

R. Clinton Clary Jr.'s answer
Theoretically you could be charged, but breaking and entering requires that the prosecution prove a specific intent to commit a criminal offense.
 
 

1 Answer | Asked in Criminal Law for Virginia on Mar 9, 2014

R. Clinton Clary Jr.'s answer
Viagra is a Schedule 3 drug. Distribution of a Schedule 3 drug in Virginia is a Class 5 felony, punishable by up to 10 years in the penitentiary. That being said, penitentiary time is unlikely for a first offender, but the charge should not be taken ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Mar 16, 2014

R. Clinton Clary Jr.'s answer
He can lie, but thankfully you had enough forethought to record the questions and responses so you can be called as a witness to rebut the detective.
 
 

1 Answer | Asked in Criminal Law for Virginia on Mar 12, 2014

R. Clinton Clary Jr.'s answer
A voice exemplar, a scientific test used to compare a subjects voice to a known sample of the persons voice, is admissible in federal court and in Virginia state courts if a proper foundation is laid. This is fairly new technology and is used rarely. ...