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.
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.
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 »
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.
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 »
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 (something less than... Read more »
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 »
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.
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.
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 »
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 »
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 »
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 »
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?
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 »
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 »
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
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.
My daughter got charged as a minor for driving without a license and past curfew. However she had her permit and is getting her license before her court date. What will happen to her license and how will she be charged ? What else do I need to know ?
Those are misdemeanor criminal charges. On a first offense in juvenile traffic court, I usually request that the judge defer the case for six months for dismissal with completion of a driver improvement course and good behavior. Contact an experienced juvenile traffic lawyer for advice. My office...Read more »
You are charged with a Speeding offense that is a four point demerit conviction. There are ways to get the charge reduced or possibly dismissed. Contact my office at 703-352-9044 for a free consultation and information about the offense.
I was turning off lee hwy left onto island rd. Light turned green half way thru a car speeding toward the light cut over to get around a suv and ran thru the light hitting the back passenger side of my car. They kept going on I stopped my passenger ck see damage. Small bump n saw they had not... Read more »
You may be able to get charges dismissed. Contact an experienced traffic lawyer for advice about the case. The lawyer can appear in court and argue that the facts are insufficient to sustain a conviction under the statute.
Yes, it is very possible if the boy was badly injured. The 17 year old could be charged with Malicious Wounding or some other violent felony as a juvenile on a Petition with the local Juvenile and Domestic Relations General District Court. Contact an experienced criminal defense attorney for...Read more »
i want to know is there any possibilities that they can pardon me? its my first time and i was going to work at night almost 11pm and the road was empty, there was no car on the road, maybe couple of cars on the other side of the road. Just letting u know the situation. Another thing i am kind of... Read more »
Reckless Driving is charged as a Class 1 misdemeanor. It goes on a permanent criminal record. You need to get it dismissed or reduced to a traffic infraction. Consider getting a speedometer calibration of your car. You will need a copy of your driving record. Contact my office and I will give...Read more »
Yes, hire a lawyer to go to court and get it dismissed or reduced to a traffic infraction. You have a great record, and it is unlikely you will lose your license or go to jail. But your objective should be to get the misdemeanor taken care of, so you do not have a permanent criminal conviction....Read more »
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