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Questions Answered by Mr. Andrew T. Bodoh
2 Answers | Asked in Criminal Law for Virginia on
Q: Can a prison be held respondable for an inmate death cause they didn't get them medical help fast enough?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 3, 2011

There are ways to bring lawsuits against a prison, such as a suit for under 42 USC s 1983 for the deprivation of civil rights, but these are very fact-dependant. Its best to get a consultation with a civil rights attorney.

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1 Answer | Asked in Car Accidents for Virginia on
Q: Can a individual issue a subpoena duces tecum for police records regarding radar calibration, in a traffic case ?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 25, 2011

Individuals do not issue the subpoena, but they can request the clerk or judge to do so by filing the appropriate form with the clerk at least 15 days before trial. (http://www.courts.state.va.us/forms/district/criminal.html)

1 Answer | Asked in Criminal Law for Virginia on
Q: In Virginia, how do you obtain the right to wiretap legally. Do you have to show just cause to a judge?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 25, 2011

Wiretapping issues are rather complex. There are laws regulating capturing what was said and laws regulating using what was said. In addition, if one party is out of the state, that state's laws may come into effect. In addition, there are special rules authorizing the police to use... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What was the outcome with murray v. giarratano?

What did this do for death row inmates?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 25, 2011

This Supreme Court Case questioned whether Virginia had to appoint counsel for death-row inmates for collateral proceedings (like habeas corpus proceedings after the case's appeal) in state court. The Supreme Court, in a 5-4 decision, held that Virginia was not violating the Constitution by... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What is the most could happn for this 18.2-429 - Causing telephone to ring with intent to annoy
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 22, 2011

If charged under this statute alone, the penalty is a fine of up to $500 per incident.

2 Answers | Asked in Juvenile Law for Virginia on
Q: My son had a DUI conviction in August 2006. He completed Alcohol program and is sober. We can this be expunged

Do we have to hire a lawyer to get this expunged? I read that VA never expunges DUI records. This seems unfair since my son has been sober ever since completing the CAB program in 2006. This is preventing him from being hired.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 21, 2011

Virginia does not expunge DUI convictions. There is really no way to remove such a conviction from one's record.

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1 Answer | Asked in Criminal Law for Virginia on
Q: How can I get my 18.2.250.1 case dismissed ?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 20, 2011

There is no gaurenteed method or single win-or-lose proceedure to get a case like this dismissed, and there is no way to provide specific advice without specific facts. Tools one might use include motions to suppress, motions for exculpatory information, etc., but each of these require some skill.... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was charged with 2 counts of bad checks both total over $200. I was arrested by warrant and then bonded out when to

Court got an attorney appointed to me to help me.. judge gave me time to pay it in full. So my question is if i have paid this in full, Am I cleared on record.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 20, 2011

Your attorney will be able to help here--it all depends on what the court agreement was.

1 Answer | Asked in Criminal Law for Virginia on
Q: What the worest cound happen to a inmate charged with assult&battery on a correctional officer
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 19, 2011

It is impossible to say for sure without more details. There are several statutes, though, that one could be charge under in this circumstance. Va. Code § 18.2-55 makes battery of certain individuals by an inmate of a Class 5 felony (up to 10 years). Assault and Battery on an officer is... View More

1 Answer | Asked in Juvenile Law for Virginia on
Q: I was 15 when i was charged with a misdemeanor of grand larceny I reside in VA is my record expunged at 19?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

No, but as long as it was just a misdemeanor, they will be expunged on the January 2nd following 5 years after the last hearing in the case. In other words, you will be at least 20 or 21 before it is expunged.

1 Answer | Asked in Family Law for Virginia on
Q: My daughter is 16 and pregnant by a 19 year old. Can I make her move out?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

No. Kicking the child out can expose you to criminal liability for contributing to the child's delinquency at the very least.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a felony that occurred in Virginia be expunged or sealed?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

If one was convicted of the felony, then expungement is not permitted, unless one is later given an absolute pardon based on a determination of an unjust conviction.

1 Answer | Asked in Family Law for Virginia on
Q: What is the age of consent in the state of Virginia?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

The age of consent for sexual contact and intercourse in Virginia is 18. Not all violations of this are punished the same, though.

1 Answer | Asked in Personal Injury for Virginia on
Q: Can A PLANTIFF IN A CLASS ACTION LAWSUIT BE DENIED MONEY AFTER THE SUITE HAS BEEN SETTLED?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

There are some ways in which a plaintiff in a class action lawsuit can be denied money. For instance, if the approved settlement required all claims to be filed by a certain time or only allowed claims up to a certain amount, late filers may not recover.

1 Answer | Asked in Collections for Virginia on
Q: Can a debtor pay off a judgement in small monthly payments?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 17, 2011

There are ways to pay off your judgment in incriments, especially if the judgment creditor agrees to the payment terms. If they don't agree, there are limits to how much the creditor can garnish, but they could also try to seize and auction your property. There is no way, though, to force a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do I need to get a lawyer?

The basis of the story... last year I was put on probation for speeding (reckless driving). I was fined $500 with a 60 day license suspension. Another $500 and a 10 day jail sentence was suspended on good behavior. Well, I got two more speeding tickets after this. My last ticket was on March 23rd... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 17, 2011

There are ways to avoid jail time, and a lawyer can help you do so. Strictly speaking, you do not have to have a lawyer, but it is a good idea to get one. If you are indigent, you can try to get a lawyer appointed. At the very least, you will have the right to argue against jail time at your... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a person be convicted for petit larceny when several people had acess to were the property was.
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 15, 2011

In short, yes a person can be convicted under these circumstances. The fact that several people have access to where property was located is one factor that weighs in favor of the defendant in such a case, but that fact can be overcome with sufficient evidence indicating that the defendant was the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can 18.2-57 be Exsponge
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 14, 2011

A criminal conviction as an adult cannot be expunged absent extraordinary circumstances, like a Governor's pardon. If one is acquitted of the crime, or if the charge is dropped by the prosecutor, then expungement might be allowed. For assault and battery in particular and some "other... View More

1 Answer | Asked in Collections for Virginia on
Q: § 6.1-330.56. (Repealed effective October 1, 2010) Does this mean if I had a loan charging 28% I can now dispute that
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 13, 2011

Va Code s. 6.1-330.56 was repealed but the same provision of law was enacted under Va Code s. 6.2-304. In other words, this law is still on the books, but in a different place. Also, I suspect you have misread the law. This law actually allows someone to dispute a high interest rate if the... View More

1 Answer | Asked in Small Claims for Virginia on
Q: Do I need a vadalism defense lawyer?

I am going to be charged to tampering with someone's posters and breaking a glass cup in someone's room in their apartment. What should I do?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 11, 2011

A lawyer may be able to point out some options or defenses based on the facts of your case. Many lawyers are willing to offer a free consultation. Anything more than that, though, will normally cost money--and lawyers can get expensive. There is a chance if you can't afford an attorney you... View More

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