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Questions Answered by Susan Fremit
1 Answer | Asked in Criminal Law for Virginia on
Q: If I or someone in my family is currently being blackmailed or extorted.. what do we do? Contact the authorities?

I have an investigator.. do we contact lawyer or authorities?

Susan Fremit
Susan Fremit answered on Mar 19, 2021

Might be better to seek an attorney’s opinion in the county where you live

1 Answer | Asked in Criminal Law for Virginia on
Q: My ex boyfriend told me I could keep my cat when I move out but now he’s saying I can’t

I have been living at the location for over a year and I have residency. I moved out about a day ago and he told me over text once I move into a new place I can come and get my cat. Now he’s saying I can’t come and get him taking back what he said. I have text proof of him saying I can come get... Read more »

Susan Fremit
Susan Fremit answered on Mar 18, 2021

Why not go to the magistrate's office in the county where your ex lives and ask for charge to be brought against him. If you simply go to the house to get your cat, he may have you charged with robbery or theft.

1 Answer | Asked in Criminal Law for Virginia on
Q: My brother has some pretty serious charges in the state of VA. He also has 4 violation of probation charges.

He is stating that all the charges are being dismissed and he gets out of jail in a few months and all he is going to have to do is go to rehab. Is this possible? Wondering if the courts may charge him with the violation charges because he has 8 years hanging over his head.

Susan Fremit
Susan Fremit answered on Mar 17, 2021

What you are saying does not sound correct. The fact that he is serving time in jail and then being released implies that he likely has a suspended sentence hanging over his head and he will need to report to probation. If he was on probation and caught the newest charges, he could well be facing... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: i was never convicted of a DUI it was reduced to a misdemeanor am i still required to take an asap class ?
Susan Fremit
Susan Fremit answered on Mar 16, 2021

If you were convicted of a non-related misdemeanor (Dui 1st or 2nd is a misdemeanor ) and you were not ordered by the court to complete asap, you are lily ok. Contact your client or the court clerk to double check.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dui over 10 yrs ago never took asap,license are revoked till I get a asap paper, what to do
Susan Fremit
Susan Fremit answered on Mar 13, 2021

You will likely need to complete a VASAP program (which will cost $400) and have an interlock device installed for at least 6 months.

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1 Answer | Asked in Criminal Law and Divorce for Virginia on
Q: Is this considered physical abuse? A husband and wife are in a heated argument. It escalates into a war of words.

He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.

He proceeds to start dumping her stuff rudely in the... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2021

The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.

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... Read more »

Susan Fremit
Susan Fremit answered on Mar 8, 2021

The 6 points remain on your driving record for 11 years but the conviction remains forever on your criminal record.

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can a cop ask you to pull down your mask or something like that so they can "get a better look at your face"?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

This depends on the entire facts surrounding the situation. If the officer has a reasonable suspicion that someone has committed/is committing an offense, and that officer can requests that an individual lower his/her mask in order to make a positive identification. I don't believe a Court... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I would like to know charges for disorderly conduct first offense in va. Could you tell me?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

If convicted, this misdemeanor carries up to 12 months in jail, but for a first offense and an otherwise clean criminal history, likely a suspended sentence. It is never a good idea to just accept a criminal conviction so hire an attorney and see if the completion of community service would... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: If my charges will be dismissed after 1 year of under advisement was I convicted of a crime?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

There is no conviction but there may have been found "facts sufficient" to support guilt. This become important if you ultimately want to expunge the charge. (You can't expunge if there are "facts sufficient")

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can a shoplifting charge be heard if the receipts used in the case are not accurate when tallied up?

There are 6 misdemeanor charges against me with target suggesting I altered tags on 6 different occasions. Surveillance does not show me altering tags. The commonwealth attorney is going to try and convict me of these charges based on suspicious receipts and supposed suspicious behavior on camera!... Read more »

Susan Fremit
Susan Fremit answered on Feb 13, 2021

Your attorney can review all the store video surveillance tapes and see what they show about your alleged behavior. Speak to your attorney about the cash register tapes.

1 Answer | Asked in Criminal Law for Virginia on
Q: confidential informant has drugs on them before a control buy and the cops found does the buy stick

and I have copies of all the messages between the ci and the cop. Showing the ci was dirty for drugs before court and the ci asked for help to stay out of jail the next day for court and the cop helped ci. Can I beat distribution chRges

Susan Fremit
Susan Fremit answered on Feb 12, 2021

Since you were charged with distribution, you very likely need to speak to your attorney about this because he or she knows far more about the situation.

1 Answer | Asked in Criminal Law for Virginia on
Q: How to obtain gun rights for felon convicted 15 years in the past?

Stat. burglary convicted in 2002

Susan Fremit
Susan Fremit answered on Feb 11, 2021

It would be better to hire sn experienced attorney for both phases, but you may be able to do the first one. You need the governor to give you back your civil rights, then an application can be brought in circuit court for the restoration of your guns rights.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »

Susan Fremit
Susan Fremit answered on Feb 10, 2021

Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: what will happen if a girls father from a dating site calls the police one because he wants money
Susan Fremit
Susan Fremit answered on Feb 9, 2021

I doubt he will call the police. This is part of a scam including the threat to call the police. Don’t pay anything and stop talking to the girl. IF the police do bring charges, say nothing and contact an attorney.

2 Answers | Asked in Criminal Law for Virginia on
Q: can I be arrested for solicitation of a minor scam

girls father wants money

Susan Fremit
Susan Fremit answered on Feb 9, 2021

You can not be arrested for responding to a scam. Simply ignore the "father" and the "daughter". Better yet, avoid the site you were using.

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1 Answer | Asked in Criminal Law for Virginia on
Q: ca I be facing any legal problems for a sextortion scam

met a girl through a dating app we talked then her father tried to blackmail me for paying for her therapy or he calls police

Susan Fremit
Susan Fremit answered on Jan 31, 2021

This sounds exactly like an extortion scam we are hearing about. Don't pay anything and contact a local criminal defense attorney for a consultation to learn what your next steps might be.

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... Read more »

Susan Fremit
Susan Fremit answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can the family pay the restitution for our son who is an inmate
Susan Fremit
Susan Fremit answered on Jan 24, 2021

Yes, as long as the restitution is paid, your son will get credit for it.

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