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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: What are the penalties in VA for defrauding an innkeeper if it is a misdemeanor?

i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... Read more »

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

A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Virginia on
Q: Can I get sued if I make a vlog and talk about being assaulted by a 7eleven manager?

I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 18, 2022

As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Virginia on
Q: If I caught charges while on probation but my probation term ends before I’m found guilty of anything can I get violated
Brian M. Latuga
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Brian M. Latuga
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.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can law enforcement stop and board a 21ft boat to conduct a safety and license check, no additional probable cause.

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.

Brian M. Latuga
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Brian M. Latuga
answered on Oct 1, 2022

Unless those officers are particularly limited by a local law, yes, it is generally lawful.

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 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 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 Criminal Law for Virginia on
Q: Arrested for larceny charges dropped do I get what police took back in west Virginia

It was dropped next day

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m now a chp holder, I’m worried if I ever have to use self defense that my Facebook isn’t flattering what do I do?

I hear prosecutors will do anything to hold you accountable for a criminal violating my rights and threaten my life and go as far as using my Facebook to prove that I’m not a perfect example of what a human specimen is supposed to be instead of focusing on the career criminal makes me more... Read more »

Jennifer Alettia French
Jennifer Alettia French
answered on Jul 28, 2022

Self defense in Virginia is a complex affirmative defense. The facts surrounding the incident will be paramount in whether or not such a defense is successful. Social media posts might be detrimental to such a defense if they show that the actions taken were potentially planned in advance, or a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I am on probation in VA but have a pending case against me in GA. Who has jurisdiction.

If I go to court in ga and get jail time can they force me to break probation in VA?

Jennifer Alettia French
Jennifer Alettia French
answered on Jul 25, 2022

Are you asking about a probation restriction to travel out of state? If so, you can request permission from probation to leave the state.

1 Answer | Asked in Criminal Law for Virginia on
Q: So I got An assault, and battery charge it was 12 years ago, I didn't do any jail time. Can I ever own a gun in Va?

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Jennifer Alettia French
Jennifer Alettia French
answered on Jul 25, 2022

It depends on whether your prior conviction was a misdemeanor or felony, and if it was charged as a domestic assault and battery. If you were convicted of a felony you will need to petition a Circuit Court for the restoration of firearm privileges. If convicted of domestic assault and battery... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: Will I be summoned as a witness?

I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?

Paula Hough
Paula Hough
answered on Jul 20, 2022

You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.

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1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: 8 years ago, released from Tennessee without home plan or transfer of custody. Has been non-extraditable. Arrested now

Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.

Susan Fremit
Susan Fremit
answered on Jun 9, 2022

It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: I have court for a situation that occured where I had a firearm on federal property. Need to ask more questions

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.

Brian M. Latuga
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Brian M. Latuga
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.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can I own a gun if I had a class 1 misdemeanor 11 years ago? It was for third offense driving with a suspended license,
Brian M. Latuga
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Brian M. Latuga
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.

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.

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 Criminal Law for Virginia on
Q: How do I drop a simple assault charge? Magistrate issued the warrant. Offender and I came to an agreement. In Virginia.

We had a disagreement. Had an exchange of ideas that resulted in her trying to hit me, but she never did touch me. I wasn’t going to do anything about it, but her boyfriend ended up hitting me a week later. I was upset and filed the charges on both of them with the magistrate. I still want to go... Read more »

Brandon Sloane
Brandon Sloane
answered on Apr 1, 2022

It’s actually a common misconception that people can “drop charges” in Virginia. Once the case has been initiated, it is up to the prosecutor how to proceed.

So, if you receive a subpoena to appear in court, it IS a court order that you can’t just disregard because you “don’t...
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1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Q: Was very badly hurt by community of fairfax county and a few particular individuals.
Tim Akpinar
Tim Akpinar
answered on Mar 27, 2022

A Virginia attorney could advise best, but your question remains open for a week. It wasn't clear what type of personal injury claim is involved here - negligence (accident) or an intentional act. The details in the post were limited. You could reach out to personal injury law firms for more... Read more »

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