He never received any notice he was being convicted or that a court date had been set, not even back in 2018, and the ticket was not filed until 1/21/2020...can they wait 2 years to file a ticket? Is there any way to fight this; especially since we had no idea he even had a court date?
I wanted to know if because of my safety points the violation would affect my insurance rates and ability to work for a company such as DoorDash? Would it be best for me to go to court and see if I can go to traffic school to get the ticket expunged. I am going through a marital separation I... Read more »
You have an excellent driving record and may be able to get the charge deferred for dismissal with a driver improvement course or reduced to a non-moving violation with no points. You need to consult with a good traffic lawyer with experience in the county in which you got the ticket. Convictions...Read more »
You cannot expunge criminal convictions in Virginia. However, you may be able to file a pardon petition with the Governor’s Office after a period of time. If granted, it will not remove the conviction but leave a notation of the decision on your criminal record.
Yes, you may hire a lawyer to defend criminal or traffic charges. The State of Virginia has its own attorneys called Commonwealth Attorneys to prosecute criminal and traffic charges. Contact an experienced attorney in your area for a consultation.
3 DUIs 6 years ago. Judge in Albemarle won't reinstate me. Army/Iraq veteran! I already petitioned and did pretrial with VASAP. Judge said no but that I could reset the docket as she didn't even know I'd be there that day.
Yes, you may petition the Circuit Court for restoration of your license or, in the alternative, a restricted license to drive to work, child care, school and medical appointments. You will need to get an evaluation from ASAP after the petition is served on the Commonwealth Attorney. You will need...Read more »
It is a Class 6 felony for a person over the age of 16 to wear a mask in public With the Intent to Disguise His or Her Identity. Cold weather is certainly a valid reason to wear a mask and the state would have a difficult time proving this charge if you were arrested. However, in an abundance of...Read more »
I opted to hire my own lawyer at arraignment. Shortly after I lost my job and couldn’t afford one. At arraignment I was given an advisement date to return if I didn’t have one. Will I be able to try for a court appointed at that time or will I be in trouble
Contact court services at the local courthouse and fill out a request for a court appointed lawyer. You may qualify if you are currently unemployed, depending on the type of charge you are facing and whether the prosecutor (Commonwealth Attorney) is asking for active jail time. Usually you need...Read more »
No, if you have been convicted you are not eligible for expungement of the arrest. You also cannot remove the conviction with community service. A criminal conviction in Virginia is permanent. The only relief you may get is a pardon from the Governor if you file a petition.
Edward, you need a criminal lawyer experienced in the state where the offense allegedly occurred. Do not discuss the facts of the case online or with anyone who is not a lawyer. My advice is to seek a consultation in person with a criminal lawyer.
You will need to get a certified copy of the Warrant of Arrest and disposition. If it is no longer available, you will need to get a letter from the court certifying that the records were destroyed. You can then file a petition in the Circuit Court of that county for expungement. As part of the...Read more »
No, the court will treat the mistake as harmless error. The clerk of court may contact you by mail to confirm the court date. You should also call them or check the court case information system to confirm your date to appear.
Reckless Driving is a misdemeanor criminal charge and you may be facing jail time, high fines and loss of license. Contact an experienced traffic lawyer near you for a free consultation. They may be able to get the case dismissed or reduced to a traffic infraction. My office handles cases in...Read more »
A friend got a speeding ticket in 2005 in Madison county. A website that reports convictions says "83/55" and "guilty in absentia." Is this a matter that needs representation? Can she just call up Virginia a pay a fine, or can the matter still be pleaded down to an infraction... Read more »
No, unfortunately in the General District Courts of Virginia you only have ten calendar days to post an appeal or up to 60 days to file a Motion for Reconsideration. The GDC courts generally destroy paper records after ten years. In my opinion, she has very little recourse after 13 years. She...Read more »
You may be able to get the charge reduced to a non moving violation with no points, or deferred for dismissal with completion of a driver improvement course. Contact my office for a free consultation and I will advise what needs to be done. The office number is 703-352-9044.
I know my charge severity could be lowered by having my speedometer fixed, but I purchased a new car before the court date. I still have paperwork from having my speedometer calibrated, but it was never fixed before I purchased my new car.
The calibration can still be used as mitigating evidence of the speed to possibly get the case deferred for dismissal or reduced to a traffic infraction with minimal points and fine. Depends on the county where you are charged. Contact an experienced traffic lawyer to get a free consultation. You...Read more »
The date on my summons to appear in court is January 25th 2017. The officer apparently messed up on the date. When I check online my case is not in the court system. The date to appear in court is before the ticket was issued. How can I appear in court before I committed the infraction? What should... Read more »
Sometimes the ticket is given to the clerk right before the court date. You should consult with a lawyer who can help you get the charge possibly dismissed or reduced to a traffic infraction. It is charged as a Class 1 misdemeanor and you may face jail time, high fines, and loss of license. Not...Read more »
No, the officer is not required to read you Miranda rights in this case. Miranda obligations are triggered when the person stopped is in a custodial interrogation situation, i.e, in handcuffs and asked direct questions about suspected criminal conduct. Most of the time the officer never reads...Read more »
Should I hire a lawyer? My court date is in February. The officer said that if I attend a defensive driving course that I could have the charge reduced or dismissed. How likely is it to be dismissed completely?
It is charged as a Class 1 misdemeanor in Virginia. I recommend hiring a lawyer to help you in court. The lawyer may be able to get the charge dismissed or reduced to a traffic infraction. You may consider getting a speedometer calibration of your vehicle and a copy of your driving record prior...Read more »
Yes, a good traffic lawyer may be able to get the case deferred for dismissal with completion of a driver improvement course. Or possibly reduced to a non-moving violation like Defective Equipment that carries no points. This would save you six demerit points on your driving record and insurance...Read more »
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