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Questions Answered by Susan Fremit

1 Answer | Asked in Criminal Law for Virginia on

Q: Will a notification of trespass affect my pretrial diversion program set for dismissal for first time misdemeanor?

Hi, i am under pretrial diversion program for first time shoplifting ....have already successfully completed community service

And class and my case is set for dismissal in few weeks. Just yest, i was given a notice of trespass at a coffee shop , as they did not want

A couple of... Read more »

Susan Fremit answered on Mar 31, 2019

It doesn't appear that you have violated any laws, so the notification should not affect the dismissal of your shoplifting charge, if you have completed all the other requirements.

1 Answer | Asked in DUI / DWI for Virginia on

Q: I plead guilty to DUI on 04/12/18 & was granted a restricted license for one year on that date.

1 year ends on the completion of 4/11/19. My DMV record shows my punishment thru 4/12/19. That makes my punishment 1 year & 1 day. I had a similar problem with dates getting my restricted license. It took a long time but the DMV saw I was correct. Am I correct now & should I get my regular license... Read more »

Susan Fremit answered on Mar 28, 2019

You will need to pay the pay the reinstatement fee & have had 6 months incident-free on an interlock device before VA DMV will reinstate your full driving privileges. You can go to a DMV office on 4/11 but if they won't agree with you, you will be back on 04/12. Do you really want to spend that... Read more »

2 Answers | Asked in Criminal Law for Virginia on

Q: i have a vehicle/boat/etc: climb into/on to commit crime. please help

i was arrested for speeding and didnt know i had a warrant until then. i had recieved a summon for weed and was told that if anything else happend i would be put in jail.

Susan Fremit answered on Mar 28, 2019

You need to contact a local experienced criminal defense attorney, (look at your "ticket" to see which county court you need to go to), in order to avoid a conviction, which in Virginia, is for life; no expungement. Click on "find a lawyer" on this website. Most give a free consultation.

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3 Answers | Asked in Criminal Law and Probate for Virginia on

Q: Friend on unsupervised probation, received a reckless on 80mph. Jail time or no?

She's on unsupervised probation for a minor drug offense, but was supervised previously. She just got a reckless for going 80 on the state lines of VA and NC, the speed changed quickly. She has her lawyer, but hasn't talked to her yet. In your opinion, will she stay out of jail time? She has done... Read more »

Susan Fremit answered on Mar 23, 2019

Your friend's lawyer will have important details which you don't to determine whether she will face any back up time.

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1 Answer | Asked in Criminal Law for Virginia on

Q: What’s the mandatory sentencing guidelines for possession of a firearm in a school zone in VA

Susan Fremit answered on Mar 12, 2019

Under federal law, sentencing guidelines are mandatory; under VA law, sentencing guidelines are discretionary, which means the Judge can sentence above or below those recommended guidelines. However, in most situations, the Judges will sentence within the top and bottom of the guidelines. In VA,... Read more »

2 Answers | Asked in Criminal Law for Virginia on

Q: So if the files are purged every ten years and the arrest still shows up shouldn't there also be records of case disp?

Susan Fremit answered on Mar 10, 2019

Actually, the record check should indicate the case disposition. Why not do a background record check on yourself so that you can see what your potential employers are seeing? Any state police department should be able to do that for you. I am not sure what the cost would be but I am sure it is... Read more »

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3 Answers | Asked in Criminal Law for Virginia on

Q: How long are circuit court case proceedings and final case dispositions kept in va?

I took a case from juvenile and domestic relationscourt where i was convicted of assault to circuit court where it was taken under advisement,and would be dropped after a period of time.This happened in 1996 it's not showing up on the online database.Will the circuit court still have some record... Read more »

Susan Fremit answered on Mar 10, 2019

Contact the county clerk’s office with your questions. Too frequently, files apoear to get purged after 10 years or so. But a background check will still show the arrest.

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1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on

Q: Does a search warrant hav 2 specifically name a room n the house. 4 example home owner rents rooms 2 different people.

I rent from the home owner 1 of the bedrooms of a house. There is other tenants n the home renting rooms from the home owner also.

Susan Fremit answered on Mar 9, 2019

A search warrant does not need to specifically describe a room in a house; simply the name of the suspected person, the suspected evidence expected to be found, the location including address and the basis for the warrant. Assuming the renters have a lock on each of the rooms he/she is renting and... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on

Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... Read more »

Susan Fremit answered on Mar 9, 2019

I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.

1 Answer | Asked in Criminal Law for Virginia on

Q: What is the punishment for a first time offender in an aggravated assualt towards a familiy member

Weapon used

Victim willing to drop charges

Susan Fremit answered on Feb 17, 2019

If the defendant was charged with committing a class 6 felony, such a charge carries a sentence of one to five years in prison, but with no prior record, any jail time may be suspended. However, if the victim is willing to speak to the prosecutor (and the defendant's attorney), it may be possible... Read more »

2 Answers | Asked in Criminal Law for Virginia on

Q: I was accused of harassment by computer by an individual.

The way it was explained to me was that the individual went to the local pd with the evidence that I was the one that was harassing them online, the local pd informed the person that there was nothing they could do, but informed them that they could take it to the magistrate and file charges that... Read more »

Susan Fremit answered on Feb 17, 2019

Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)... Read more »

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2 Answers | Asked in DUI / DWI for Virginia on

Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?

Susan Fremit answered on Feb 16, 2019

Unfortunately, a good driving record will have very little influence on the outcome of your current charge. A local experienced dui attorney will have a greater influence.

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2 Answers | Asked in Criminal Law for Virginia on

Q: Someone recorded mu phone conversation with them and didn't tell me i was being recorded

Susan Fremit answered on Feb 14, 2019

In Virginia, only one person to the conversation needs to know that a recording is being made. In this case the petson recording the conversation is all that is required by law. Your knowledge or permission is not required for the recording to be lawful.

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2 Answers | Asked in Criminal Law for Virginia on

Q: can a lawyer agree to a set fee and then once fired charge you hourly fees and not refund a signicaint amout of money

nothing was ever signed in a contract all verbal

Susan Fremit answered on Feb 6, 2019

The problem you are going to encounter is that there was no written contract. Thus it will be your word against that of the lawyer. However, you can contact the VA State Bar to obtain more information on how to best deal with this situation.

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4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on

Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party

I would be the plaintiff

I'm searching for an excellent trial attorney on a success fee basis

Extreme injustice done

This doesn't involve probate, it involves litigation

It involves social security disability money, breach of fiduciary duty, fraudulent lying in court... Read more »

Susan Fremit answered on Jan 30, 2019

You can click on "find a lawyer" on this website and look at the drop down menu for litigation. You can then google to find information about that attorney. Then make an appointment and discuss your case with that attorney. This is no different from finding a great surgeon.

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2 Answers | Asked in Criminal Law for Virginia on

Q: I was wondering if i needed a lawyer for my court date

Today I got pulled over the officer gave me 3 citations , 1 for reckless too fast for weather condition by the way the officer did not put any mph on my citation, 2 for window tint the car was not mine i had no clue the car was tinted , and 3 for defective equipment he said the car was too low ,... Read more »

Susan Fremit answered on Jan 30, 2019

Get a mechanic to examine your vehicle and advise you as to whether it is too low. A written evaluation would be good if the mechanic is not willing to come to court. Fix the tint and bring proof of such to court, advising the Judge that this was not your vehicle. Reckless driving is a criminal... Read more »

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1 Answer | Asked in Domestic Violence for Virginia on

Q: I was charged with domestic assault but it was dropped down to a simple assault can I get that expunged it was in 1993

It was in 1993 and they don't even have the charges no more or the papers

Susan Fremit answered on Jan 30, 2019

Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on

Q: I have a felony eluding the police that has been going on in the courts since march 2018 and was put under advisement.

I went to Circuit Court in front of the judge and they put it under advisement for 1 year under the conditions that I pay my court fines, do my year of probation, and 100 hours community service. I was told that if I completed that abd came back for review that the charge would be reduced to a... Read more »

Susan Fremit answered on Jan 22, 2019

You need to speak to your attorney regarding what you need to do to try to avoid a felony conviction, which will remain on your criminal record for life. Start your community service hours immediately. Speak to your attorney about the possibility of converting your court costs to community... Read more »

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2 Answers | Asked in Civil Rights and Criminal Law for Virginia on

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

Someone is claiming they have video of me while on my bedroom and in my house. They have detailed knowledge of things I have done in my house. This has been ongoing for months. There is a police report. I worry that my phone has been hacked or video surveillance placed in my house. I need to... Read more »

Susan Fremit answered on Dec 23, 2018

Determine whether indeed there is police report. Nobody can enter your house and install bugs or videos without your permission or a legitimate search warrant. This sounds like a potential financial shakedown. I suggest you meet with an experienced criminal defense attorney and have him or her... Read more »

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2 Answers | Asked in Criminal Law for Virginia on

Q: Can someone film you at your front door without your consent?

My wife didn’t know she was filmed when our neighbor came knocking on our door after quiet hours at our apartment; only reason we knew is our apartment told us they watched this video because the neighbor didn’t know what they would encounter when coming to my door to harass my wife.

Susan Fremit answered on Dec 23, 2018

In VA, only one party to the video recording needs to know the recording is being conducted. Obviously the person doing the recording is well aware he/she is recording. If your wife was harassed, this recording could well help her when she files a complaint of harassment with the county... Read more »

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