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Questions Answered by Wilfred Yeargan

1 Answer | Asked in Traffic Tickets for Virginia on

Q: If I got a ticket reckless driving I am not from Virginia .I am from Pennsylvania what can I do?

Wilfred Yeargan answered on Dec 4, 2017

I advise that you hire a lawyer to help with the misdemeanor charge. The lawyer can help get the case dismissed or reduced to a lesser offense called a traffic infraction. Reckless Driving is a Class 1 misdemeanor and you can lose your privilege to drive in Virginia, receive high fines and get... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: can a case be retried if tried in my absence? I was granted a continuance but they tried my traffic case anyway...

The case was continued twice because the officer wouldn't be present, i saw online that a continuance for dec 12 had been placed, then I called the day before the case to verify with the clerk, in which she notified not to come since it was continued, but then i received a notice of fine with the... Read more »

Wilfred Yeargan answered on Dec 3, 2017

Contact the clerk of court and request to file a Motion to Reopen the case. Explain to the judge at the hearing what happened, and show him your proof. The judge will more than likely vacate the judgment and set a new trial date at the officer's next court date.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Is there a such thing called "right to travel?" and does that mean you can drive without a license?

Wilfred Yeargan answered on Nov 26, 2017

No, driving in Virginia is a privilege, not a right. You must have a valid license to drive in this state. It is a misdemeanor offense to drive without a license, punishable by potential jail time and fines.

2 Answers | Asked in Criminal Law for Virginia on

Q: I'm 19 and I just got my first two charges . Can I appeal ? If I get found guilty

Wilfred Yeargan answered on Nov 26, 2017

If you are charged with a crime in the General District Courts of Virginia and convicted, you have ten calendar days to post an appeal to the Circuit Court. This is a fresh appeal (de novo) and no weight is given to the decision in the lower court. In the Circuit Court, you may request a jury... Read more »

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2 Answers | Asked in Criminal Law for Virginia on

Q: Can I get probation for violation of a permanent restraining order in sc

Wilfred Yeargan answered on Nov 23, 2017

You need to contact local counsel in South Carolina for advice about violating the conditions of a permanent restraining order. It sounds like your question has no relation to Virginia. In my experience judges in this area will give active jail time for a violation of a restraining (protective)... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on

Q: If I plead guilty to a traffic misdemeanor in the state of Virginia, does that mean I have been convicted of a crime?

Wilfred Yeargan answered on Nov 22, 2017

Yes, if you enter a plea of guilty to a misdemeanor and are found guilty by a judge, you will have a permanent criminal conviction on your record. You cannot expunge criminal convictions in Virginia.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: My name was spelled wrong on a citation for misdemeanor possession. Is that grounds for license to dismiss?

Both officers had my i.d. at the time.

Wilfred Yeargan answered on Nov 18, 2017

No, in Virginia the courts call that harmless error and do not dismiss the Summons. The Judge will correct the mistake and move forward with the case. You need an experienced criminal defense lawyer to review the case and analyze the facts to discover any technical defenses to the offense. It is... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: can a violent crime that happened 7 years ago be expunged if its a first and only offense?

Wilfred Yeargan answered on Nov 17, 2017

If you were convicted of the crime or you had a deferral that involved a plea of guilty, you would unfortunately not be eligible for expungement of the arrest. You must get the charge dismissed, nolle prosequi or be acquitted at trial to be eligible for expungement in Virginia. The requirements... Read more »

1 Answer | Asked in Car Accidents, Criminal Law, Federal Crimes and Traffic Tickets for Virginia on

Q: Will my second reckless driving ticket be a felony? The second is for an accident, the first was for speeding

One person was hurt and taken to the hospital, ticket says reckless driving general: endangering others, or something like that

Wilfred Yeargan answered on Nov 17, 2017

No, it will be charged as a Class 1 misdemeanor. This is punishable by jail time of up to 12 months, a fine of up to $2,500.00, and/or suspension of your driver's license for up to six months. You need to consult with an experienced traffic defense attorney. They can help you possibly get the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Hello, I have a question in regards to Virginia law on assault charges on a minor

We were in a domestic abuse situation my husband hit me when we had a disagreement... my 13 year old daughter came out of her room to see her dad hitting me. She then hit him to get him off of me and he responded by hitting her with his fist twice once in the face the other in the chest area. Can... Read more »

Wilfred Yeargan answered on Nov 15, 2017

The minor child may be charged with misdemeanor domestic assault. However, she may have a defense to the charge based on 'defense of others.' The prosecutor (Commonwealth Attorney) handling the case may elect to nolle prosequi or dismiss the case. Contact an experienced criminal defense attorney... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: I have a mandatory 10 day sentence for driving on suspended in va and was wonder if i only serve half time

Wilfred Yeargan answered on Nov 15, 2017

No, with minimum mandatory time you serve the entire active jail sentence.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Me and my husband got into a physical altercation and the police took charges out and this is his first offense

i dont want him to go to jail, what will happen

Wilfred Yeargan answered on Nov 13, 2017

Your husband may be eligible for a deferral program for dismissal of the domestic violence charge on a first offense. Contact an experienced criminal defense lawyer in your area for a free consultation. They can help you prepare the case to obtain the best possible results based on your... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I recieved a speeding ticket for going 83/70. It does not say anything about being reckless, but i am unsure.

People are telling me different answers on whether it is considered reckless or not. This is my first time being pulled over.

Wilfred Yeargan answered on Nov 12, 2017

Check the state code section on the Summons. If the code section reads 46.2-862, it is charged as Reckless Driving, a misdemeanor. If it reads 46.2-870, it is charged as Speeding. You can call my office at 703-352-9044 for a free consultation if you have questions or need assistance.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I have a traffic court next week and it shows that it is a Misdemeanor. What does that mean?

Do I have to get a lawyer?

Wilfred Yeargan answered on Nov 12, 2017

A misdemeanor is a criminal offense punishable by fines and possible jail time. A conviction goes on your permanent criminal record as well as your driving record. It is advisable to hire an attorney for these types of charges. The attorney can help you get the charge dismissed or reduced to a... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Virginia on

Q: My wife and I were arrested for Domestic Assault and battery with a strangulation felony charge as well. What now?

We don't want to testify and are willing to do classes. This is our first offense and have 3 children. We don't want to lose any rights.

Wilfred Yeargan answered on Nov 6, 2017

Depending on the facts and your criminal records, your attorney may be able to negotiate a favorable agreement with the prosecutor (Commonwealth Attorney) handling the case. It is possible that a good lawyer may get the felony nolle prosequi and the misdemeanor assault deferred for dismissal as a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I got charged for driving with no license as a minor but by my court date i will be 18, what does that mean?

I also got charged for driving past curfew. Any idea what kind of penalty or fee I will face?

Wilfred Yeargan answered on Nov 6, 2017

It is a misdemeanor offense. You need to contact an experienced criminal defense lawyer for assistance. If you can get your license issued you may be able to get it dismissed for compliance. The curfew charge may be deferred for dismissal for completion of a driving program. Contact my office... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I got a ticket for reckless driving because brakes failed to stop down hill in rain & I borrowed it from a friend

The car was not mine & inspection was up to date. Had no idea there was anything wrong with it when I borried it. My 2

young kids were with me we had just left St. Marys Hospital, its raining, going down a hill, at night 9:30PM, not going fast at all, tried to stop at the 1st light &... Read more »

Wilfred Yeargan answered on Nov 3, 2017

Contact an experienced criminal defense lawyer for a consultation. The charge may be dismissed or amended to a traffic infraction. It is charged as a Class 1 misdemeanor and, if convicted, you may receive a suspended license and possible jail time. I do not recommend going to court unprepared.... Read more »

2 Answers | Asked in Criminal Law for Virginia on

Q: I shoplifted a bag of chips it was worth 1.60. What should I do in court? Do I plead guilty or not guilty?

Wilfred Yeargan answered on Nov 3, 2017

An experienced criminal defense attorney may be able to negotiate an informal deferral (called a general continuance with terms) for dismissal of the case. This would allow you to expunge the arrest. If you do the official deferral offered by the court, you are required to enter a plea and the... Read more »

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2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Virginia on

Q: My granddaughter (2 years old at the time) was physically abused by my daughters boyfriend Jan. of last year.

The commonwealth attorney has just notified us they are not going to charge him. Even DSS found him guilty at level 1 child abuse. What else can we do to get justice for her?

Wilfred Yeargan answered on Nov 2, 2017

Depending on the facts, you may file a civil Petition for a protective order with the local courts to protect your family from the abuser.

This would prohibit the man from contacting the family for up to 2 years and he would be prohibited from owning or possessing a firearm during that...
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1 Answer | Asked in Criminal Law for Virginia on

Q: Victim of DV but they charged him with assault and battery of fam member, Can I request anger management instead of jail

Wilfred Yeargan answered on Nov 1, 2017

There is a deferral option available for a first time offense. He may be able to get the charges dismissed with probation, anger management and counseling. I encourage you to contact an experienced criminal defense attorney for a free consultation.

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