answered on Oct 12, 2022
Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.
My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... Read more »
answered on Mar 20, 2023
If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.
I acquired & handed off to my younger cousin (under 21) while physically in DC, but we drove back to VA in the same car. He admitted to his mom he took them & she brought him to the police station. No physical evidence, just text messages, but I was charged with possession to accomodate and... Read more »
answered on Mar 9, 2023
The question you're asking would require a bit of legal research, knowledge of the exact text messages and circumstances, and is going to be best addressed by your lawyer representing you in court. Bring this issue up with your lawyer so they can properly represent you - and if you don't... Read more »
Traveling across river in boat,not fishing, law enforcement stopped me for no reason, detained us, checked license and safety Equipment. Never consented to the stop, but I cooperated. Is it lawful or do they need consent.
answered on Oct 1, 2022
Unless those officers are particularly limited by a local law, yes, it is generally lawful.
I was planning on commiting suicide when a friend called the police on me and a firearm was found in my car which was on federal property. I was just given a court appearance citation which is in 2 days. I don't know how much trouble I could be in and I need help.
answered on May 15, 2022
Go to your court appearance and either ask for a public defender or more time to hire an attorney. He will need an attorney report for this type of charge. Generally, it is a misdemeanor.
answered on May 7, 2022
There is no bar with a conviction of driving suspended to ownership of a firearm as allowed under other applicable laws of Virginia and the US.
answered on Mar 20, 2022
Hire counsel. The attorney will take care of it.
answered on Aug 24, 2021
answered on Feb 2, 2021
A lot more facts are needed to give an answer to that question. Which then leads to a potentially complicated analysis. If you’ve been charged with something from such search then you should consult with a local lawyer for representation.
answered on Dec 17, 2020
I will pay for any vandalism charges I just feel like a 10-year-old should not get a felony. He has never been in trouble in school or the law before. What can I do?
answered on Dec 14, 2020
Your son needs legal counsel. There will be significant questions about capacity and ability to understand the proceedings.
Class 5 felony charge. Didnt mean to lie just wanted to purchase a handgun, didnt think my situation counted as involuntary commitment. This happened in 2012 and forgot about it. What is my outlook? Thank you.
answered on Nov 2, 2020
You need to hire a criminal defense attorney instead of typing on here. Your situation is too in depth for a web inquiry like this. You face serious charges.
answered on Nov 1, 2020
Less than an ounce, if charged as distribution, is a misdemeanor. Less than an ounce for personal use is a civil penalty and still unlawful. Anything over an ounce charged as distribution is a felony.
Virginia resident here. I was charged with welfare fraud offense date (in 2013) In 2018. I was sentenced with a felony and 2 yrs supervised probation and to pay it back. I successfully completed my supervised probation (early release from it for good behavior) and paid all restitution. I have a... Read more »
answered on Oct 20, 2020
It sounds like you have been convicted and sentenced more than 21 days ago. The court has no discretion at this point to reopen your case and change your sentence or reduce your charge. And technically, while some judges would do it at sentencing, a court cannot reduce a felony to a misdemeanor if... Read more »
to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing
answered on Aug 14, 2020
If you have been subpoenaed then you must appear unless you have been excused by the attorney for the commonwealth or the court. Depending upon what you wrote in your letters, you may need counsel yourself.
answered on Aug 5, 2020
The question is, what?
The charges happened in Va in two different counties. They are previous charges from 2015 and 2017
answered on Jul 7, 2020
Good morning. Is there a question associated with this?
answered on Jun 15, 2020
Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.
If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights
answered on May 8, 2020
One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the... Read more »
answered on Mar 14, 2020
They seldom match. The police don’t send all the suspected materials to the lab. Only a minuscule amount needs to be tested for the suspected substance.
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