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Questions Answered by Faraji A. Rosenthall
2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over in Fairfax Virginia for reckless driving ticket of 103mph in a 55 I’m afraid of going to jail I don’t

What to do to avoid jail this is my first ticket I have a clean record please advising what can happen and what should I do

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Nov 26, 2023

Generally, getting your speedometer tested and completing community service before court can go a long way to helping avoid jail time.

Electing to have a jury trial is also a very good way to typically avoid jail as jurors tend to be less likely to impose incarceration than judges. (That...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I am given a highway sign violation ticket instead of speeding ticket in a neighborhood. Court or pay online? I am clean

The summon is in general court of Arlington County. I do not want any demerit points in my DL. I have a +1 point in my DL and it has been clean since I started driving.

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Jun 17, 2023

Paying online is easier and more convenient, but is an admission of guilt to the ticket. Failure to obey a highway sign will result in 3 demerit points being added to your record.

If you want to try to get a reduction, you must go to court and ask the judge to reduce the ticket....
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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I find out the person who accused me of the charge before the court date?

My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on May 27, 2023

There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the district attorney have to direct indict after Nolle prosequi in Virginia

After being charged with multiple misdemeanor shoplifting charges and refusing to take a plea resulting in jail time The prosecutor which was also the district attorney proceeded to Nolle prosequi the case with possibility of direct indictment. How long is the statute of limitation for the DA to... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Sep 15, 2023

They have 12 months from the alleged date of offense to indict a misdemeanor.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a protective order against me. I need to know my legal rights as we live in the same house

It is a no contact order.

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Jun 23, 2023

You should review the terms of the order and possibly contact a lawyer immediately if they are uncertain. Often, a protective order will require a person to leave a house even if they live there.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: If I was issued Emergency protective order in virginia and she was granted the box that is marked granting her the hous

If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on May 28, 2023

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have filed assault charges on my uni teacher with 3 witnesses. Would it be wise to pay a lawyer or use court-appointed

I am in nursing school and my teacher put her hands on me as 3 of my classmates witnessed. I immediately called my director and made her aware then my instructor told a completely false narrative in writing that I have shown to my witnesses who have confirmed it's false in every aspect but I... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on May 27, 2023

Assuming it's a criminal case, then the case and your interests would be handled by the commonwealth attorneys office. Criminal cases are always the Commonwealth of Virginia v. The defendant (your professor) . You would be a witness, but not a party.

You cannot have a private...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not reckless

I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not as a reckless driving. But still if you get ticket with over 20MPH it is going to be 6 points. I checked my driving record and it shows +3point. I don't understand how it shows +3 if I... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Apr 4, 2021

The ticket will not impact your record until after court.

When you initially get a license you have a 0 point balance. You get positive points for every year you have a license. Your +3 could be because you haven't had a license long enough to get 5 positive points.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI in 2014. I completed my ASAP classes, and my license was reinstated. How long will it stay on my record?

I was able to get my license reinstated as early as possible as I completed everything the courts required well before I was able to get my license reinstated. I thought it only stayed on my driving record for 7 years but everything I see now says it's 11 years. This case was in Chesapeake, VA... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Mar 7, 2021

A DWI in Virginia stays on your driving record for 11 years. Unfortunately as the law is currently it stays on your criminal record forever. There are efforts in the legislature to reform the current system but as it is now it cannot be removed from a criminal record.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I had received reckless by speeding ticket. 98/70 This happened in VA. Is there a way I can push my court date up?

I want to request a later date due so I can afford representation

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Jan 17, 2021

Yes, court dates can be adjusted to allow time for you to save up to afford a lawyer. Depending on the county, jail time or suspended jail time may be a possibility. If that's the case then the court would have to appoint a lawyer to handle your case for little or no cost to you. Regardless,... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: What does nolle prosequi mean?
Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Sep 8, 2020

Nolle prosequi is a motion by the prosecutor indicating that the government is not going forward with a charge. It has the same impact as a dismissal. It is typically a dismissal without prejudice, so at least theoretically, the government may be able to reinstate the charges at a later date.

1 Answer | Asked in Criminal Law and Lemon Law for Virginia on
Q: Hello, If charged with petit larceny 3rd- offense class 6 felony. Is it mandatory that I go to jail?

I have not been i trouble since 2015

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Aug 22, 2020

No, petit larceny as a third offense is a class 6 Felony. There is no mandatory jail time. However, that doesn't mean that a punishment involving jail time isn't possible, or even likely, it simple means it isn't required. If you are found guilty a judge can give 0 days in jail up to... View More

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