Criminal Law Questions

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. ...
 
 

2 Answers | Asked in Criminal Law for Virginia on Jun 6, 2011

Mr. Andrew T. Bodoh Esq.'s answer
Yes. There are a few ways the prosecutor could reinstate the charges, especially if new evidence was discovered.
 
 

1 Answer | Asked in Criminal Law for Virginia on Nov 22, 2013

Joshua Jenkins's answer
I'm sorry, I guess some of your question got cut off. But I can't imagine a situation where it would be a lawyer's absolute obligation to obtain your husband's medical records, unless the lawyer specifically promised he would do so as ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Jun 6, 2011

Mr. Andrew T. Bodoh Esq.'s answer
If you were found guilty of a crime, it cannot be expunged. To find out the process for getting the license back, it is probably best to contact the licensing agency.
 
 

1 Answer | Asked in Criminal Law for Virginia on May 31, 2011

Mr. Andrew T. Bodoh Esq.'s answer
Draftin a document to be filed for someone else could be construed as the unauthorized (i.e. unlicensed) practice of law.
 
 

1 Answer | Asked in Criminal Law for Virginia on May 2, 2011

Mr. Andrew T. Bodoh Esq.'s answer
A class 3 misdemeanor carries with it a maximum penalty of $500, and it will be a permanent part of your record. Having a lawyer on your side is always good idea. Without knowing specifics, it is impossible how a lawyer might help you specifically, but a ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 26, 2011

Mr. Andrew T. Bodoh Esq.'s answer
It is always good to have an attorney present before you go into courtroom. They have the training to help make the best of the situation, even perhaps having the matter dropped or a favorable plea agreement worked out by the time you appear in front of ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 26, 2011

Mr. Andrew T. Bodoh Esq.'s answer
This depends largely on the circumstances and the gravity of the alleged act. You should certain consider consulting a lawyer in person.
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 17, 2011

Mr. Andrew T. Bodoh Esq.'s answer
There are some circustances in which the police can go through a Blackberry without a warrant, such as if one gave them permission, but the real question often is what can one do if the police have done so. One might be able to keep any evidence they ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 18, 2011

Mr. Andrew T. Bodoh Esq.'s answer
This depends on what the substance was, how much one had, and several other factors.
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 4, 2011

Mitchell Wells's answer
ARE YOU SERIOUS? Absolutely! The arrest alone for the new drug charge can be a probation violation. Additionally, you can go to jail on the drug charge with little to no defense.
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 5, 2011

Mitchell Wells's answer
Failure to Appear is a jailable offense but requires evidence of a WILLFUL FAILURE TO APPEAR. Retain an attorney immediately.
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 8, 2011

Mitchell Wells's answer
Yes, but only if there is NO ENDANGERMENT. In some circumstances, the elude can be a FELONY. ยง 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties. A. Any person who, having received a visible or audible signal from ...
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 11, 2011

Mitchell Wells's answer
In some cases, the court has the authority to take your case under advisement and upon terms actually dismiss the allegation before the court. Hire a CRIMINAL DEFENSE ATTORNEY to assist you with this case.
 
 

1 Answer | Asked in Criminal Law for Virginia on Apr 12, 2011

Mitchell Wells's answer
Any of the Department of Corrections [DOC] programs for alternative sentencing would require an evaluation by DOC. To be sure, you should contact DOC.