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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Can i own a gun if my roommate is a felon

Im not on probation and do not have any other legal/medical restrictions from owning a fire arm

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

You are legally permitted to possess a firearm, but I would strongly advise safe storage practices (get a gun safe, I believe the Richmond police have had several giveaways for it and there are a number of affordable options). If your roommate is found to be in possession of it (and that is not a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: if i own my own home and a raid happen i should have paper work from the law if someone beside my self lives there

i let someone live there and they raid it i should get some type paper work

David G. Parker
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answered on Apr 11, 2024

By law, a copy of the search warrant and affidavit must be served by law enforcement either on the property owner or (if the owner is not present) on an adult occupant. If no one is present, then the documents are to be left in a conspicuous location at the property. Additionally, law enforcement... View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
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answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering if a cop is allowed to search a locked container, glove box, and trunk if I was pulled over. I’m in VA.

I was just curious as to if a cop can search glove box, a bag that’s locked, or a container that is also locked without a warrant if I was to be pulled over in a traffic stop. And/or if for some reason they have probable cause to search the vehicle at all would they then be able to search the... View More

David G. Parker
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answered on Apr 2, 2024

The law has allowed warrantless searches of automobiles since the 1920s, as long as probable cause exists to justify the search. The locked status of the containers or compartments of the vehicle shouldn't matter if there's probable cause to justify the search. The inability to readily... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

It really does depend on what you were charged with. Most misdemeanors do not result in the loss of firearm privileges, while some do (most commonly domestic violence convictions). It's also important to know that if a protective order was issued against you as part of your conviction, that... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

James L. Arrasmith
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answered on Feb 25, 2024

While your felony charge being dropped to a misdemeanor is a positive development, it's important to understand that federal law still prohibits individuals convicted of any misdemeanor crime of domestic violence from possessing firearms. Additionally, state laws regarding firearm ownership... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

David G. Parker
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answered on Feb 26, 2024

Bond will be up to the judge, so nothing is guaranteed. Turning yourself in (and before too much time has passed) may improve the chances of a judge viewing your bond status favorably — especially if this is a first offense or second offense probation violation where jail time is either going to... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have video footage that incriminates me. The prosecutor doesn't have it. Do I give it to my defense attorney

I was charged with simple assault in VA. I walked towards my accuser but nothing else as shown on video. He was never touched or threatened. No one but me seems to have the video. The prosecutor does not have it to give to my lawyer. Would my lawyer have to turn this over to the prosecutor? Is it... View More

Reid DeChant
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answered on Feb 12, 2024

If you are charged with assault and the video shows you just walked towards the accuser and did not assault him, it sure sounds like that video could help prove your case for you. Either way, good or bad, your attorney does not have to provide that information to the prosecutor. Everything you tell... View More

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More

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3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 7, 2024

A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I go to jail if I have Rheumatoid arthritis

I have severe Rheumatoid arthritis which also means I have no immune system. I require the assistance of a walker to walk and require a lot of medical attention.

David G. Parker
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answered on Feb 1, 2024

Health conditions can be a factor in sentencing, but are not guaranteed to result in a sentence without incarceration. Gathering supporting documentation which details your diagnosis, hardships, medication(s) required, etc. would be a good idea, as that is something the judge could consider at... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have this 18.2-456(a) (6), i never gave false info. Or impeded justice, the court was 3.5 hrs away and i have no way
David G. Parker
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answered on Jan 17, 2024

That particular subsection refers to a "willful failure to appear before any court or judicial officer as required after having been charged with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or 19.2-74." Court being 3.5 hours away isn't... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Virginia on
Q: I had a court case where I was raped while heavily dosed on sleep,depression,and pain medication. The scumbag is now out

He's spreading rumors about me and i want to know what, if anything , I can do to stop him

James L. Arrasmith
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answered on Jan 8, 2024

If someone is spreading false and damaging rumors about you, you may have legal options to consider. One possibility is a defamation lawsuit. Defamation involves making false statements that harm someone's reputation. If the rumors being spread about you are false and causing you harm, this... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: How can I get my son a bond? He doesn't have a criminal record or history.

He provided proof of his innoncence and I have provided proof also. His ex girlfriend is bringing these charges up. What can I do now?

David G. Parker
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answered on Jan 5, 2024

If bond was not granted by the magistrate or by the judge at his arraignment, then he or his attorney will need to file a bond motion. Opportunity will be given at a bond hearing to present relevant factors for the court's consideration, including but not limited to the nature and... View More

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