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Questions Answered by Wilfred Yeargan
1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was cited for failing to obey a sign (reduced from a possible speeding charge). Pay or go to court? 5 safety points.

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 »

Wilfred Yeargan
Wilfred Yeargan answered on May 15, 2020

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 »

2 Answers | Asked in Criminal Law for Virginia on
Q: How much is it to get a misdemeanor petty theft off your record and can I do it myself or do I need a lawyer

Expungement

Wilfred Yeargan
Wilfred Yeargan answered on Feb 18, 2020

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.

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2 Answers | Asked in Criminal Law for Virginia on
Q: Can I get a lawyer for criminal law
Wilfred Yeargan
Wilfred Yeargan answered on Feb 11, 2020

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.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: Hello! I have 3 FUIs and it's been 6 years. The judge in my county is harsh. Can I move and petition another one?

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.

Wilfred Yeargan
Wilfred Yeargan answered on Jan 30, 2020

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 »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Is it illegal to wear a winter type ski mask while walking on a public sidewalk during the day in order to keep warm?
Wilfred Yeargan
Wilfred Yeargan answered on Jan 30, 2020

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 »

2 Answers | Asked in Criminal Law for Virginia on
Q: At my arraignment I opted to hire own lawyer

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

Wilfred Yeargan
Wilfred Yeargan answered on Jan 30, 2020

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 »

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3 Answers | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI removed from your record through community service?
Wilfred Yeargan
Wilfred Yeargan answered on Apr 12, 2018

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.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Hello I need help on a murder case, do I need a family lawyer or criminal lawyer?
Wilfred Yeargan
Wilfred Yeargan answered on Apr 8, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If i got a continuance for a speeding ticket will i still have a chance to prepay it before the new court date

If i got a continuance for a speeding ticket will i still have a chance to prepay it before the new court date, if i decide to plead guilty for speeding in Virginia. Rappahannock county

Wilfred Yeargan
Wilfred Yeargan answered on Mar 7, 2018

Yes, you can still prepay the ticket before the new court date if the case is continued from the initial court date.

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get an arrest expunged in Richlands, Virginia, when I now live out of state? The arrest is 21 yeas old?

The charged was nolle processed in 1997, but is on my (NICS) report.

Wilfred Yeargan
Wilfred Yeargan answered on Mar 5, 2018

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I had a speeding ticket on 2/2/18 when looking over the ticket the officer wrote for the court date as 3/20/17 dissmiss?
Wilfred Yeargan
Wilfred Yeargan answered on Mar 3, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hi I hit a driver due to wrong way driver. What do I plea? I'm being charged with reckless driving.
Wilfred Yeargan
Wilfred Yeargan answered on Feb 27, 2018

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: A friend got a speeding ticket in 2005 in Madison county.

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 »

Wilfred Yeargan
Wilfred Yeargan answered on Feb 27, 2018

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was doing 43mph on a 25mph , it’s my first ticket and I was wondering how can I get no points and reduce the ticket

Fee

Wilfred Yeargan
Wilfred Yeargan answered on Feb 25, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Reckless driving charge/ 67 in a 45. Speedometer off by 5. Bought new car. Are chances hurt at trying to lower charge.

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.

Wilfred Yeargan
Wilfred Yeargan answered on Feb 14, 2018

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for reckless driving in Virginia on Nov. 11, 2017.

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 »

Wilfred Yeargan
Wilfred Yeargan answered on Jan 8, 2018

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 »

3 Answers | Asked in Criminal Law for Virginia on
Q: I received a reckless driving charge, is the officer required to read me my Miranda rights?
Wilfred Yeargan
Wilfred Yeargan answered on Dec 31, 2017

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 »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket for reckless driving 46.2-862. Going 67 in a 40. What can I do?

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?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 30, 2017

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Just got my first ticket ever at 21 years old. Got caught doing 53 in a 25. Is there a way to get the charge reduced?
Wilfred Yeargan
Wilfred Yeargan answered on Dec 22, 2017

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 »

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do

Wilfred Yeargan
Wilfred Yeargan answered on Dec 16, 2017

If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.

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