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Questions Answered by Wilfred Yeargan
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?

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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... View 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.

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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... View 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?

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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... View 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... View More

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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.... View 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?
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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... View 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?

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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
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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.

1 Answer | Asked in Criminal Law and Collections for Virginia on
Q: I've been charged w/ false pretense for more than $200. I've never been convicted of any crime. Can I get just probation

The charges are false pretenses for more than $200 and 2 other charges came along with that which is forgery and uttering. I've never been convicted of any crime. Can I receive just probation and no jail time?

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answered on Oct 27, 2017

The offenses are three separate felonies and you need immediate legal assistance to help you defend the charges. Your clean record will help you in court. I suggest contacting an experienced and well-reviewed criminal defense attorney in your area for a free consultation. The attorney can help... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Hello so I have a felony charge but I just got a reckless speeding ticket what is going to happen

My first speeding ticket the officer said I was cooperative and polite I just don't know what to expect

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answered on Oct 26, 2017

The answer to your question depends on whether you are on probation for the felony charge or if it is still pending in the courts. If you are on probation for the felony, you may be violated for a misdemeanor traffic conviction. If you are not on probation yet and the felony is pending in the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Got my first traffic ticket going 70 in 55 in Virginia. Do you think it's possible to get the points removed?
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answered on Oct 26, 2017

Yes, it is quite possible. Each county of Virginia is different and my advice will change depending on where the ticket is located. Please give my office a call at 703-352-9044 and I will give you a free consultation.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Just received first speeding ticket in 24 years 90/70 reckless driving can it be reduced with no points I'm out of state

I have a clean record no criminal or traffic violations and I am a Correctional Officer who was bringing son home from Marine Corps boot camp graduation. Not looking for excuses but really would like charged dropped with no points. What should I do. Court hearing is set for January 30, 2018

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answered on Oct 22, 2017

The offense is charged as Reckless Driving, a Class 1 misdemeanor in Virginia. The punishment if convicted is up to 12 months in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months.

There are technical defenses to the...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: What could be consequence of 46.2-834 summon?? Thanks

I Tooke exit from Route 7 to Ashburn Village BLD, when I turned to Ashburn Village BLVD west, I noticed some Billers, moving a little bit more, I noticed the gaps between billers were more. and Police car

was in the middle of Ashburn Village BLVD and Route 7 Exit, I thought he has blocked... View More

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answered on Oct 19, 2017

You may be able to get the charge reduced to a non moving violation or an offense that does not go on your driving record. It is possible to get the charge amended by agreement with the Commonwealth Attorney. You may avoid the four point conviction on your driving record. Give my office a call at... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: If I got into an accident after smoking marijuana, can I be charged with multiple offenses since pot isn't legal in this

state?

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answered on Oct 19, 2017

Yes, you could be arrested for DWI, possession of marijuana and/or possession of paraphernalia depending on what was in the car at the accident scene. DWI is a Class 1 misdemeanor and carries potential jail time, loss of license, and significant probation restrictions. Possession of marijuana is... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: I have a few questions about getting my record expunge .. Im 21 with misdemeanor DV charge i never did jail time for.
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answered on Oct 17, 2017

You may expunge the arrest if the case was nolle prosequi, dismissed or you were otherwise found not guilty (acquitted) AND you did not enter a guilty plea. If you entered a guilty plea as part of a deferral and the case was dismissed, you are not eligible for expungement of the arrest. The rules... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: I got charged with a felony crime. It was theft valued over $200. I have no prior criminal history. What is the charges

I'm not sure how the legal system works. How can I get a lawyer before I go to court? Or does one get appointed to me?

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answered on Oct 15, 2017

The best way to find a lawyer is to do some research. Get some names of local lawyers and research their history with the state bar to find out if they have a clean record of discipline. Next, read their reviews online and see what others say about the service provided in their cases. Call three... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Child got 47/35 - plead no contest. Charge dismissed pending 6 mo probation. See below for complication.

BUT the week before trial date got a 75/55 (not reckless). Wondering if conviction on 2nd ticket reinstates first. Initial ticket 8/4/17, Court Date 9/27/17. 2nd ticket 9/20/17.

One thought is that probation period starts 9/27 and goes 6 months - but I don't know how the court... View More

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answered on Oct 13, 2017

The child's first case was likely deferred for six months for dismissal if he or she completed a driver improvement course and kept a clean driving record. A conviction on the second charge will endanger the deferral proceedings and the judge may enter a finding of guilt on the first offense.... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: what was the probable cause to search me ?

was arrested with my girlfriend september 14th . she was driving and we got pulled over . as 2 officers walked up on both sides of the car , one of them noticed a pill bottle with some marijuana in it sticking out of her purse . the cops pulled both of us out of the car and searched us . did they... View More

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answered on Oct 13, 2017

In the vast majority of the cases, the police state that the reason for the detention and search is because they smell an odor of marijuana coming from the vehicle. Usually, you get the reasons for the stop and investigation through a pretrial process called discovery. An attorney can't know... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: Why would my charges have been nolle prosequi?

was arrested for a felony possession and 2 misdemeanor possessions on september 14th and bonded out that day . i had my determination of counsel on september 19th and told them i was looking at a couple lawyers but wasn’t sure yet . they handed me a piece of paper that said my preliminary was... View More

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answered on Oct 13, 2017

The prosecutor (Commonwealth Attorney) may have decided there was insufficient evidence to proceed with the charges. Or perhaps the officer who arrested you was unavailable for court. The decision rests with the Commonwealth Attorney handling the case, and there is likely no notation in the file... View More

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3 Answers | Asked in Criminal Law, Family Law and Child Custody for Virginia on
Q: I took pictures of my boyfriend's daughter. He gave me permission and it was on his time. Can his ex press charges.

My boyfriend and his daughter went to the creek a few days ago with my family and I took a few pictures of everyone. I had my boyfriends permission to take the pictures and put them on my Photography page. Which my Photography page is a hobby. I did not advertise his daughter in any way and there... View More

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answered on Oct 11, 2017

No, in my opinion you can't be charged with any criminal offense. You haven't broken any laws.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hello have a friend that's has traffic ticket outstanding balance and a warrant on her but she called

Can she get a dismissal of the warrant on her??

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answered on Oct 10, 2017

If she has a serious traffic ticket and she failed to appear in court, the judge may have issued a bench warrant for her arrest. Your friend can file a motion to vacate the bench warrant, but she needs to act fast before she is picked up on the warrant. I can file a motion immediately after I am... View More

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