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Questions Answered by Wilfred Yeargan
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

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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.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: My daughter got charged as a minor for driving without a permit but will be 18 by her court date.(please read details).

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 ?

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answered on Dec 15, 2017

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... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: First time catching a ticket at 18 doing "50/35" is there a way I can have it dismissed?

also does first offense rack up points?

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answered on Dec 12, 2017

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.

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Fail to Yeild ROW (Offense Description- Fail to yeild at uncontrolled intersection

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... View More

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answered on Dec 6, 2017

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can a 17 year old get charged with a felony for fighting a boy?
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answered on Dec 5, 2017

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... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hi sir/mam, i got a recless driving ticket 74mph/50mph ; law section 46.2-862. what should i do? ehat r the consequence?

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... View More

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answered on Dec 5, 2017

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... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a citation for reckless driving coming down a bridge (55 in a 30), it's my first offense. What should I do?

The officer was sitting after the speeding limit sign changed from 30 to 45. I can't afford to go to jail or lose my license. I have a clean driving record. Should I get a lawyer for court?

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answered on Dec 4, 2017

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.... View More

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?
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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... View 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... View More

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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?
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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
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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... View 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
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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)... View 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?
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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.

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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... View 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?
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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... View 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

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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... View 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... View More

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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... View 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
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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

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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... View 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.

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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.

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