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Questions Answered by R. Clinton Clary Jr.
1 Answer | Asked in Criminal Law for Virginia on
Q: Can i be charged with felony breaking and entering if i went next door to check on a neighbor but they were not home

And sometime after i left their apartment they were burglarized?

R. Clinton Clary Jr.
R. Clinton Clary Jr. answered on Mar 30, 2014

Theoretically you could be charged, but breaking and entering requires that the prosecution prove a specific intent to commit a criminal offense.

1 Answer | Asked in Criminal Law for Virginia on
Q: Is posing viagra without prescription a misdemeanor or felony in Virginia, is there possible jail time?
R. Clinton Clary Jr.
R. Clinton Clary Jr. answered on Mar 30, 2014

Viagra is a Schedule 3 drug. Distribution of a Schedule 3 drug in Virginia is a Class 5 felony, punishable by up to 10 years in the penitentiary. That being said, penitentiary time is unlikely for a first offender, but the charge should not be taken likely even if the substance is Viagra rather... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Took my minor son to station to speak with detectives not knowing our rights. i wrote down all questions and responses!

Can the detective lie about statement if I wrote everything down?

R. Clinton Clary Jr.
R. Clinton Clary Jr. answered on Mar 30, 2014

He can lie, but thankfully you had enough forethought to record the questions and responses so you can be called as a witness to rebut the detective.

1 Answer | Asked in Criminal Law for Virginia on
Q: Have you ever seen a case in which someone was identified by their voice in a robbery crime?
R. Clinton Clary Jr.
R. Clinton Clary Jr. answered on Mar 30, 2014

A voice exemplar, a scientific test used to compare a subjects voice to a known sample of the persons voice, is admissible in federal court and in Virginia state courts if a proper foundation is laid. This is fairly new technology and is used rarely. The only case I have been involved in with... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: Can the police release your personal details (photo, name etc) to the press even before a trial?
R. Clinton Clary Jr.
R. Clinton Clary Jr. answered on Mar 30, 2014

Once you have been arrested, anything on the warrant or indictment is a matter of public record and is available to the press.

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