Generally, if one has already been charged, the options are limitted to pleading guilty as charged (which is rarely a good idea), negotiating a plea bargain if possible, or going to trial. It is impossible to say which is the best route or the best way to pursue that route without more details.... View More

The preliminary hearing is the primary opportunity to have the charges dismissed. If one can demonstrate at the hearing there is no "probable cause" for the charges, they will be dismissed for the time being at least. Probable cause, though, is a relatively low standard, fairly easy for... View More

A subpeona is a court order, backed up by legal sanctions, to do as directed. If the subpeona directs you to appear at court, you much do it or else face penalties, unless you have the subpeona quashed through court action.

No, am adult's felony conviction cannot be expunged in Virginia. See Va. Code § 19.2-392.2.

The Virginia law pretty clearly implies that every director has to have the right to vote. Doing otherwise could cause a court to invalidate action taken by the board of directors on a close vote.

Under § 18.2-434, perjury is deemed a Class 5 Felony, making the penalty up to 10 years in prison (though there is no minimum penalty). There is also a possible fine of up to $2500, and are sometimes grounds for other charges, depending on the circumstance. Moreover, a person convicted of... View More

That depends on what happened during the confrontation. No person is allowed to use more than the "reasonable" force or threat of force necessary to protect his person or his property. Merely confronting someone is not the use of force, but if a threat or physical violence occured, one... View More

The short answer is yes. The police can arrest someone whenever they have probable cause that a crime has been committed, so long as they comply with the state and federal warrant requirements and the statute of limitations has not expired. If you anticipate a possible arrest, it is best to... View More

Some fixed blade knifes, including bowie knives, dirks, and "like" weapons, are prohibited under Va. Code § 18.2-308.

The definition depends on which state or federal law you are looking at. Generally, though, and interested party is one that is directly affected by an action or inaction of the body or office you wish to protest. For instance, for bid protests under the GAO regulations, an interested party is... View More

Generally, once the issue is reported to the police, it is within the discretion of the police or the prosecutor whether the charges will be dropped. If you would like to see the charges dropped, the best thing to do is to schedule a meeting with the prosecutor in charge of the case and to present... View More

There is no guarenteed way to avoid incarceration, but here are some considerations:

1. Having a lawyer review your case and represent you should always be a high priority in arranging plea bargains. Lawyers can spot the issues that will affect the prosecution of the case and the settlement... View More

The penalty is defined in 18.2-67.5, but the definition underlying crime is in 18.2-67.3. The conviction, then, is basically under both sections.

If the officers had a valid search warrant when they conducted the search, the officers are authorized and in fact required to do anything the warrant describes. Assuming the warrant required them to search the house for evidence of the robbery, they could open any doors, move anything, and go... View More

Under VA Code § 46.2-817, if one disregards a signal from a police officer to stop amotor vehicle, or if one attempt to escape of foot or otherwise after being told to stop a motor vehicle, one can be charged with a Class 2 misdemeanor (up to 6 months jail). If, in the process of trying to ellude... View More

As a practical matter, there is no real need to distinguish between the two in Virginia. The standard form for this (available at http://www.courts.state.va.us/forms/district/dc630.pdf) is a form to review or amend the order. It simply asks what exactly you want the court to do and why you want... View More

In a case like this, an in-person or telephone consultation with a lawyer is by far the best way to start. A lawyer can review the circumstances of the case and provide good guidance as to what to do next. He can also act on your behalf to try to resolve the matter without your arrest. Now, this... View More

A juvenile's record is generally kept confidential, but it is not always expunged after the juvenile becomes an adult. For a marijuana delinquincy charge that would be a misdemeanor for an adult, the records will be expunged about five years after the last hearing or after the person turns... View More

This depends on many factors, such as the type of property taken, the reason for the dismissal, and how the property was used in the case. For instance, the Virginia Code requires for the property to be returned "as soon as practical" if the execution of the warrant was illegal in... View More

The primary law is the federal Fair Debt Collection Practices Act. You can read the text of the act at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf.