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Questions Answered by Bryan J. Jones
1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get a complete copy of the case files from the commonwealth's attorney, for a dismissed criminal case in VA
Bryan J. Jones
Bryan J. Jones
answered on Dec 5, 2019

The Commonwealth's Attorney's Office is not required by law to give you a copy of your case files, even if the case was dismissed. If you had an attorney, you should contact your attorney to request that he give you a copy of his file.

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't... View More

Bryan J. Jones
Bryan J. Jones
answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

1 Answer | Asked in Criminal Law for Virginia on
Q: I need to get record expunged. I am low on capital how do I do this?
Bryan J. Jones
Bryan J. Jones
answered on Oct 29, 2019

You should go to your local circuit court and request a petition for expungement. You should fill out the form and pay the filing fee.

1 Answer | Asked in Criminal Law for Virginia on
Q: can a office enter the home w/ NO warrant invite cause charged for a still in 2 sep pieces NOT using for shine

sheriff enters home no invite no warrant no cause just walked in like he owned the place.

still was confiscated no signs of making moonshine the still was in an old trash barrel in 2 or more seperate pieces

Bryan J. Jones
Bryan J. Jones
answered on Oct 22, 2019

It depends. There are some narrow exceptions to the warrant requirement.

1 Answer | Asked in Criminal Law for Virginia on
Q: I press charges on someone they have a outstanding warrant do I have to show up for the court given
Bryan J. Jones
Bryan J. Jones
answered on Sep 24, 2019

If you are subpoenaed to come to court, you will have to show up. If you're the one who pressed charges, you will probably receive a subpoena.

1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for Virginia on
Q: My ex husband stole my iPhone and hacked my worked social media accounts (I am an entertainer at a Gentleman’s club)

My ex husband stole my iPhone (I let my 7 year old son borrow it for the day and it can only be used on WiFi) my ex husband and or his girlfriend hacked my work social media accounts. I changed my Instagram picture to a NUDE photo of me and put his phone number on my Instagram to try to get the... View More

Bryan J. Jones
Bryan J. Jones
answered on Sep 18, 2019

You could file a civil lawsuit against him. If you'd like to do that, you should go to your local General District Court and tell them the situation and they will give you the paperwork to file the suit.

If he's stolen your phone, he could be charged with larceny. If he's...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Number of bond hearings allowed? Court date was put off til feb.2020 so will that help a person get bond?

Mother is also dying of cancer. Will that matter?

Bryan J. Jones
Bryan J. Jones
answered on Sep 10, 2019

You can have a bond hearing in the district court and you can appeal to the circuit court and have another bond hearing. After that, you're entitled to more bond hearings if you can show that there's been a material change in circumstances. If there's been no change, other than the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Am I in trouble for Fraud if I don't have access to money?

Am I in trouble for Fraud if I leave the founder role in the small group? I'm one of the founder who DOESN'T have any access to the money. There is about $7,000 in total and money comes from people and sponsors. Money is used to put up the website and set up something for member to talk... View More

Bryan J. Jones
Bryan J. Jones
answered on Jun 25, 2019

Your question is not clear. If you are saying that $7000 is missing from the group, then you could be charged with fraud if they can show that you took the money. If they cannot show that you can access to the money, then you probably won't be charged. Of course, if you helped someone take the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone was on video taking from a pawn shop and admited to officer on phone What do they do next?

Officer called and wants to get item and take it back to pawn shop after I call him back at 330 tomorrow. What should I do? I don't know if charges are filed. I figure no if officer told me on phone to call tomorrow. He said not to go or contact pawn shop. I'm a regualr there. They know... View More

Bryan J. Jones
Bryan J. Jones
answered on Jun 14, 2019

The officer is likely trying to get you to incriminate yourself. It seems like you'll probably be charged with theft.

1 Answer | Asked in Criminal Law for Virginia on
Q: My husband has been falsely accused of inappropriately touching a minor. The minor says it happened about 8 years ago.

Its been 8 years ago. Can they realy try to take this to court now on just her accusations?

Bryan J. Jones
Bryan J. Jones
answered on Jun 5, 2019

They can take it to court if they have probable cause to believe a crime was committed. Just because the allegation is eight years old, does not mean they cannot pursue the charge.

1 Answer | Asked in Criminal Law for Virginia on
Q: Ex admitted during testimony to throwing mail in the trash, a felony. What REALISTIC legal measures can we take now?

Son's ex had him in court today in Virginia for something stupid that was ultimately dismissed. During TESTIMONY she mentioned mail he hadn't know of that she "finally just started throwing it in the trash". A felony! Everyone (judge, attorney, etc.) ignored it to focus on the... View More

Bryan J. Jones
Bryan J. Jones
answered on May 6, 2019

Only the police can charge people with felonies so you would have to report it to the police and ask them to investigate.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I video record the exchange of my own child between his mother and myself on public property?

I reside in MD and she resides in NC. We exchange in VA. I want to know if it is legal for me to video the exchange for my own protection?

Bryan J. Jones
Bryan J. Jones
answered on Apr 10, 2019

It's legal as long as it's public and there's no expectation of privacy. You should be careful because the situation could escalate. Most people don't like having cameras in their faces.

1 Answer | Asked in Criminal Law for Virginia on
Q: Someone recorded our phone conversation without me knowing and shared it with other people
Bryan J. Jones
Bryan J. Jones
answered on Feb 20, 2019

In Virginia you are allowed to record a phone conversation if you are one of the parties to the conversation.

1 Answer | Asked in Criminal Law for Virginia on
Q: Is it illegal for an adult to tell an adult to kill themselves through a text?

This person knew I had attempted suicide before and was diagnosed Major Depressive because of it. When I reminded her of this, she said to try harder.

Bryan J. Jones
Bryan J. Jones
answered on Feb 11, 2019

I could be. If you encourage someone to commit a crime. There's a high profile case recently, although in a different state, where someone was convicted of a crime for encouraging someone to commit suicide.

1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering if i needed a lawyer to fight my case?

Today I got pulled over the officer gave me 3 citations , 1 for reckless too fast for weather condition by the way the officer did not put any mph on my citation, 2 for window tint the car was not mine i had no clue the car was tinted , and 3 for defective equipment he said the car was too low ,... View More

Bryan J. Jones
Bryan J. Jones
answered on Feb 11, 2019

It would probably be a good idea to have a lawyer because the reckless driving ticket would be a permanent criminal conviction. There's a chance a lawyer could help you get the ticket reduced to a simple traffic infraction.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What is the likely hood of jail time and for how long for

Domestic assault and battery

Falsifying police report saying someone stabbed you and there's evidence to back it up

Bryan J. Jones
Bryan J. Jones
answered on Jan 10, 2019

It's impossible to say with the little information that you've given. Make sure that you have an attorney to represent you. Your attorney will be able to go over all the facts of the case with you and advise you.

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: im 17 & slapped a pregnant women , i now have a court date what might happen?
Bryan J. Jones
Bryan J. Jones
answered on Dec 12, 2018

You will probably be put on probation and have to complete counselling and stay out of trouble.

2 Answers | Asked in Criminal Law for Virginia on
Q: Hi I'm 20 years old and i got a possession of alcohol under 21 charge. The bottle had a sip left. My record is clean
Bryan J. Jones
Bryan J. Jones
answered on Dec 5, 2018

You should have an attorney representing you. If you're convicted, it would be a permanent criminal conviction. If you have a clean record, you are probably eligible for the first offender program. The first offender program is like probation, but if you successfully complete the program, the... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Is it illegal for a officer to reach in your car without a warrant to grab anything?

I had a blunt roach in my ash tray so small I dont even think it had anything In it and he grabbed it right out of my ash tray without my permission I felt like it was not the right way.

Bryan J. Jones
Bryan J. Jones
answered on Oct 5, 2018

If an officer has probable cause, they can reach into your car and seize evidence. In this case, it appears that the officer probably had probable cause.

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2 Answers | Asked in Criminal Law for Virginia on
Q: I recently got caught shoplifting about 100$ worth of items, they pressed charges & i got charged with petty larceny

What should I expect at court? Jail time? I’m only 18 and always had a clean record

Bryan J. Jones
Bryan J. Jones
answered on Sep 19, 2018

If you have a clean record, you probably will not get active jail time. You may only get a fine. You should contact a local attorney because you may be able to have the charge dismissed so that it's not on your record.

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