Questions Answered by Daniel P Leavitt

Q: What charges can a person face for unauthorized use of a debit card and unauthorized access to an email account?

1 Answer | Asked in Criminal Law and Identity Theft for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
The credit/debit card theft is a crime as is credit card fraud. Debit cards are considered credit card. So you have any number of crimes it would be. I am not familiar with the email access but I am positive that that's a crime as well if there was no permission. Credit card theft (not use, just being in possession of a stolen card they know is stolen) is punished like grand larceny.

Q: Can u sue if a adult is found guilty of d.a.m. And the minor has never been in trouble before

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
Your question is asking about whether you can sue someone in a civil matter. Your question does not involve criminal law, to the extent that your lawsuit would be civil and not criminal. I don't know of any civil suit you could file but I don't practice civil law.

Q: how can I go about to start a petition for my husband to get a parole date?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
If he is in MS then you need to contact an MS lawyer who could do that. Virginia abolished parole in most cases. The state that charged him will govern where you file.

Q: Can I file charges against someone for impersonating me on social media and causing me to get arrested behind it?

1 Answer | Asked in Criminal Law and Internet Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
You need to clear up this issue. The police should be investigating someone who is doing this.

Q: Bf was arrested on DV class 6 felony

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
DV cases are tough. Stay safe. As for what you can do, it's out of your hands and it is up to the prosecutor/judge. You can retain some lawyers to discuss theoretical scenarios of what a person in that situation might do. You don't want to be prosecuted yourself. Stay safe and good luck.

Q: Can a cop say he saw me driving an issue a warrant even though he didn't pull me over

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
I don't think anything would prevent them from going before a magistrate and swearing out a warrant. I could be wrong about that, but I think they can do that. If they didn't stop you though, how do they prove it was you and not someone that looked like you? So they may have proof issues.

Q: I am currently trying to get my case or charges dismissed. I had a court appointed lawyer tell me I might end up doing

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
Registration charges don't carry the possibility of jail. Driving suspended charges carry the possibility of jail. Usually it helps to get your license back. In my experience, courts are going to look at the reason your license was suspended and whether or not you get it back. In addition, and perhaps the most important, is how many prior offenses you have for driving on a suspended license or related offenses like driving without a valid license... as well as your past criminal record. Some...

Q: I got pulled over for failing to stop at a stop sign in va. The cop gave me a ticket with a court date on it.

2 Answers | Asked in Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
No. Some errors on the ticket do result in dismissal. The most frequent, I find, are where the officer writes down the wrong offense date. However, your case would not be dismissed for the reason you mention. For stop sign tickets, the law says you have to stop at the stop line. Some intersections the stop sign is well BEFORE the stop line. Not sure if this applies but if you find a legal defense it's likely to revolve around where you are supposed to stop.

Even if you broke the law,...

Q: I got a ticket the other day for failure to obey highway sign. What can I do to not have that on my record?

2 Answers | Asked in Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
Failure to obey a highway sign does have demerit points so if you can get it reduced that is best. Moving violations frequently result in an insurance increase. You can hire an attorney who is familiar with that court to get it reduced in most cases. Every judge/court I know will reduce a moving violation for you or dismiss it with driving school if you have a clean driving record.

Q: What is the likely hood of jail time and for how long for

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
There is no way to give you an answer based on the information you provided. Domestic violence cases hinge on what court you are in, the facts of the case, and the likelihood the victim will cooperate plays a role as well. Every case is going to hinge on so many different factors and you haven't provided any information other than the charge.

Q: Got a speeding ticket (85 on 55) in Fredreick MD.Is it better to get it reduced to 20MPH below posted limit?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 31, 2018
Daniel P Leavitt's answer
As a general rule, it is always going to be best to get it reduced as low as possible. This is true because insurance companies differ in how they treat tickets, and at different speeds. In addition, if you get a future ticket, having that 30 mph over is a pretty serious prior charge. So I would say to get it reduced as low as you can. Maybe getting your speedometer calibrated can help you do even better.

Q: Legal advise please

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 24, 2018
Daniel P Leavitt's answer
You need reasonable suspicion for a traffic stop. How was the search conducted, etc? There may be issues. You need a lawyer to see if there are issues with the stop/search.

Q: Officer coercion

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
It depends on the state. In Virginia for instance, a civil refusal first offense does not carry any jail. But a second offense in Virginia is criminal and carries the possibility of jail.

Q: A dui blood alcohol test was performed in january 2018 in Tennessee. The result was found inadmissible later in may.

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
I am unclear of your question. I would recommend that you talk to a DUI lawyer where you got the DUI. Your question is posted in GA but referencing TN court decision. Is this TN or GA where you got a DUI? Talk to a lawyer where you got the DUI.

Q: I am looking for an attorney to possibly help my grandson with a dui but I need someone who will accept payments.

2 Answers | Asked in DUI / DWI for Tennessee on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
Many lawyers will accept payments. Contact an experienced DUI lawyer in the area where your grandson got a DUI and you will find someone who can help.

Q: Will the Probation before Judgement(PBJ) in MD notified to DMV in Virginia?I mean will it show up in VA driving record?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 20, 2018
Daniel P Leavitt's answer
If you completed a Virginia driving school as part of the PBJ then that will show up. If there is no conviction then it should not appear. If there is a conviction for anything, then it will be reported. But if it was dismissed, and you did not do driving school then nothing would show up.

Q: Can the penal code on a citation be changrd or altered after the citation is given?

3 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
Every state will have their own rules on how the charge gets brought, and then amended but yes it is possible to amend a charge.

Q: when if i can have a DUI expunged from my record?

2 Answers | Asked in DUI / DWI for Maryland on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
Every state will have their own rules on expungement. In Virginia you could not expunge the charge if you were found guilty, or if the judge found evidence sufficient to find you guilty.

Q: How can I fight a 4th degree felony for driving while suspended for 2nd dwi? Is their a mandatory sentence?

2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
Driving on suspended charges are difficult to defend in any state, especially if the suspension was due to a DUI suspension. Get a good lawyer to help you in court to minimize what happens.

Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?

2 Answers | Asked in Civil Rights and Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Read the following law:

https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/

Virginia is a one party consent state to record. If there is a police report then it appears you reported this to the appropriate investigative body.

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