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Questions Answered by Daniel P Leavitt
1 Answer | Asked in Criminal Law and Real Estate Law for Virginia on
Q: Illegal search and seizure?

My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 20, 2022

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone gave me stolen property and I got arrested then they died what will happen?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 18, 2022

18.2-108. Receiving, etc., stolen goods.

A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding ticket for 52 in 35 citing VA code 46.2-875, but court site RD-GENERALLY-MISD 46.2-852. Is this correct?

This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 17, 2022

If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.

The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: A person has a 10 years sentence, 4 years - 6 months suspended, and 5 years probation. How time is actually served?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 15, 2022

I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for § 46.2-804. Are there points related to this charge?

I am in my mid-20s with a clean driving record. Is there any way to avoid having this on my record?

Also, the Virginia Judiciary Online Case System states that the charge is "fail to obey highway marking" but my summons says "improper lane change."

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 9, 2022

It is a point violation in Virginia. You may be able hire an attorney who can get it dismissed with driving school.

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested on a non extraditable misdemeanor 23 years after contempt charge. What should I do?

Failed to appear in Pennsylvania. Have AIDS AND was sick I couldn't travel. Was told I'd be ok except if stopped in Pennsylvania. I called police for assistance out of fear my place was being broken into and the Falls Church city police arrested me even though the national criminal data... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Aug 28, 2022

You will want to request a court appointed attorney when you are in front of the judge. They should appoint an attorney to represent you if you qualify financially.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son received a speeding ticket yesterday. He was doing 59 in a 45. The officer put on the ticket that he was 15 to 19

Over on the ticket. He was also in a work truck and he put down a personal vehicle

Daniel P Leavitt
Daniel P Leavitt
answered on Jun 22, 2022

I don't see where you have asked a question.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I received a speeding ticket in VA, the officer wrote female instead of a male, can my ticket be withdrawn?
Daniel P Leavitt
Daniel P Leavitt
answered on May 19, 2022

I don't know what you mean by withdrawn. You can go to court and plead not guilty but I don't know any judge that would accept that mistake as a legal defense if the identifying information on the ticket is otherwise correct. You may be able to get it reduced or dismissed by hiring a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: First time offender. Virginia. Malicious intent/wounding. Class 3 felony. Will there likely be jail time?

Attacker used an axe, was on illegal substances, and drew blood.

Daniel P Leavitt
Daniel P Leavitt
answered on Apr 26, 2022

One would think jail time is likely.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hey I just received a ticket for disregarding speed limit. The cop said he let me of easy. I didnt see the sign.

The cop said he let me of easy(with disregarding speed limit instead of speeding I was going 57 on a 40). I didnt see a speed sign. Should I fight it? I don’t wanna get a worst offense. Also I was wearing headphones he let me off with that

Daniel P Leavitt
Daniel P Leavitt
answered on Apr 15, 2022

I would hire an attorney to get it reduced if you have a very good driving record you can do better.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have arraignment coming up and I will be out of state can I write letter to judge with not guilty plea in my absence?

I'm going to need a court appointment attorney but could any lawyer write it on my behalf? I had train tickets purchased before this message.

Daniel P Leavitt
Daniel P Leavitt
answered on Apr 4, 2022

In Virginia you generally would have to get the permission of the court to waive your appearance at the arraignment. You would request a court appointed attorney at the arraignment. So you may be able to reschedule the arraignment by contacting the clerk's office, but if you just send a letter... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: In VA, can I contest a speeding ticket with wrong vehicle information and win?

The ticket I received has a completely different vehicle listed and I've never owned a vehicle with the listed info. Info on the ticket: 2004 Chevy 2D and wrong license plate. My vehicle is a 2021 Dodge 2D and only first digit of the plate matches the ticket. The other digits don't match... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Mar 5, 2022

Yes you can contest it of course with a not guilty plea. Your success depends on whether they can identify you and prove you drove the speed cited. They can amend the summons to fix that error. I doubt you will be successful but you might if the officer is confused and if you handle it right.

1 Answer | Asked in Criminal Law for Virginia on
Q: Quick question regarding deferred disposition

If a defendant enters a deferred disposition but but the prosecutor does not agree with the disposition can they still bring it up to a judge and have them decide?

Daniel P Leavitt
Daniel P Leavitt
answered on Jan 26, 2022

Usually deferred dispositions have an understood outcome so once you get it you're usually good to go. But it's possible to defer disposition and order mitigation and leave the outcome open ended... so they might be consulted for their opinion but usually that's not the case.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it illegal to pass a moped doing 30 over the double yellow lines on a road with a 55 limit in Virginia?

I live on a road with no lines and a speed limit of 25. I ride my moped at 30 as that's all it will do. People pass me on this road. I turn onto a road with a double yellow and a speed limit of 55, people pass me here too, over the double yellow and without signalling. I turn onto route 60 and... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Jan 7, 2022

You should probably get a car as it provides more protection and you won't have this issue. Consider yourself as a bicycle. Cars are going to pass and while they should give 3 feet they often don't. Driving on a 55 mph road isn't smart. Good luck and stay safe. You may be guilty of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: My attorney is very rude and disrespectful. Can I get a new one? Or are most adults/attorneys just rude like this?
Daniel P Leavitt
Daniel P Leavitt
answered on Dec 24, 2021

You can hire any attorney you want.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter had a traffic stop in my car. A ticket was issued in my name. Is that right?

I was not in the car but I have to report to court?

Daniel P Leavitt
Daniel P Leavitt
answered on Dec 23, 2021

Unless it's for allowing an unlicensed person to drive then no that's not right. Hire a lawyer to get it dismissed.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Will I get in further trouble for updating my license(out of state after moving) after receiving a ticket in Va?

If I go to the DMV and update my license, will I receive further penalty due to my current speeding ticket having my address down as from another state? I have lived in VA past 60 days without updating, but it has not yet expired.

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 29, 2021

you shouldn't have any issues

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What should I do? Update my license, pay my ticket first? If I update my license, will I possibly get in trouble?

My issue: I am living in VA, I have lived here for 2-3 years. I have a MO license, I got it there when I had turned 18. I had not updated it, as I was not aware I needed to. I have held it for 1 year while living in VA. Just recently, I got a speeding ticket for going 79/55. It was not reckless... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 29, 2021

You most certainly have a duty to update your license. There are limited exceptions for military/students but the law generally is you must update it within 60 days of moving here. Hire a lawyer to get the case in Virginia reduced or dismissed. That will help with points. But definitely fix the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: The law is “innocent until proven guilty” if there is no evidence except “he say she say” could it hold up in court?

Between a 4 year olds words & an of age man words, court the judge convict the of age man with no evidence?

Daniel P Leavitt
Daniel P Leavitt
answered on Aug 18, 2021

The court cannot find anyone guilty with no evidence. However any testimony, including a 4yo, is in fact evidence and they of course can find you guilty of there's enough evidence.

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