Questions Answered by Susan Fremit

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 23, 2018
Susan Fremit's answer
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 review all documentation/evidence you have regarding this potential invasion of your home. It may cost you for such consultation but it would be well worth you having peace of mind.

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

2 Answers | Asked in Criminal Law for Virginia on
Answered on Dec 23, 2018
Susan Fremit's answer
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 magistrate's office.

Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?

2 Answers | Asked in Criminal Law and Sexual Harassment for Virginia on
Answered on Dec 23, 2018
Susan Fremit's answer
This sounds like a financial shakedown. Speak one on one with a criminal defense attorney in your county to discuss all details of your alleged interaction with the girl and go with his/her suggested course of action. The interview may cost you a relatively minor amount, but that will likely be well worth your peace of mind and future defense.

Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Dec 23, 2018
Susan Fremit's answer
Dui arrests are taken seriously by the courts. If you failed to appear for your arraignment, a bench warrant for you arrest may have been issued. Contact an experienced DUI attorney in the county where you were charged to look into this and to determine how you can hire this attorney. Dui convictions have lasting, longterm consequences.

Q: If I violated terms of probation for drugs can probation officer Place me in drug rehab instead of me going back to jail

2 Answers | Asked in Criminal Law for Virginia on
Answered on Oct 21, 2018
Susan Fremit's answer
It is the court, not probation, who has the authority to decide rehab instead of jail is appropriate.

Q: as A witness in a case do I have to provide dna in va?

3 Answers | Asked in Criminal Law for Virginia on
Answered on Oct 19, 2018
Susan Fremit's answer
Only those convicted of committing a felony, and after July 1st, certain misdemeanors, must provide a DNA sample, but not witnesses.

Q: If you fire your public defender because they are not doing what you ask them to do can you get another public defender

2 Answers | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Susan Fremit's answer
My experience has been that rarely does a judge appoint a replacement public defender, even if the defendant has filed a malpractice claim against that lawyer. If you are that dissatisfied with your court appointed attorney, you might want to see if a privately retained attorney you can work with is willing to accept a payment plan.

Q: If you are below .08 can you still get arrested for drunk driving?

3 Answers | Asked in DUI / DWI for Virginia on
Answered on May 25, 2018
Susan Fremit's answer
Yes, you most definitely can be charged, but not necessarily convicted, of having a blood alcohol below .08. The offense is committed if you have a blood alcohol concentration .08 or greater while having control of a vehicle OR you were intoxicated, while while having such control. Many times, an experienced DUI attorney can obtain a good result if the BAC was below .08 and there were no real problems with the field sobriety tests, no slurring of words etc.

Q: my friend had court date they moved him from jail and they cancelled the court date. what can we do. it was for motion

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on
Answered on May 12, 2018
Susan Fremit's answer
Your friend need to talk to his lawyer to learn what is going on with his case.

Q: How can I drop domestic charges

2 Answers | Asked in Domestic Violence for Virginia on
Answered on May 12, 2018
Susan Fremit's answer
Once you called the police, you lost control of the case. You can tell the prosecutor that you don't want to proceed with the charge, but it will depend on the prosecutor and what you you told the police.

Q: What is the consequence of a asap violation/noncompliance with asap. (Original charge was a DWI 1st off. No other priors

2 Answers | Asked in DUI / DWI for Virginia on
Answered on May 8, 2018
Susan Fremit's answer
If found guilty, the Judge could order you to serve all of your suspended sentence in jail. Contact the attorney who represented you on the DUI right away.

Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 7, 2018
Susan Fremit's answer
If a person was convicted of a felony outside of VA, the person will need to look at the law of that state to see if the conviction can be removed. If the felony was committed in VA and the the person was ultimately convicted, under current VA law, that felony can never be removed from the person's records.

Q: My fiancee has a court hearing for domestic assault and she has sent numerous text messages stating that she has erased

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Virginia on
Answered on Apr 29, 2018
Susan Fremit's answer
If you don't have an experienced criminal defense attorney, you need to hire one now. You have presented some good cross examination information!

Q: How can a false positive on interlock be proven?

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Apr 22, 2018
Susan Fremit's answer
If you believe you have a false positive, you must convince the judge at your violation hearing what caused mouth alcohol which was not caused by the consumption of alcohol or anything you are not supposed to use, like mouth wash. Generally, for a successful outcome, you will need an experienced DUI attorney and an expert, such as a toxicologist.

Q: What to do for husband he was sentenced to probation 2006 he been in no trouble since . just picked him up What to do?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Apr 15, 2018
Susan Fremit's answer
You are not clear on your question, but I suspect that your husband has recently been charged with a criminal offense? If yes, you need to hire a local experienced criminal defense attorney immediately. Click on"find a lawyer" on this website and make an appointment to meet with one. Most attorneys will give a free consultation.

Q: If I have a warrent in another state for misdemeanor possession of marijuana under 20 grams can I deal with it here?

3 Answers | Asked in Criminal Law for Virginia on
Answered on Mar 22, 2018
Susan Fremit's answer
As you have been advised, you cannot resolve your FL case in VA. Contact a FL attorney (go to find a lawyer on this website and click on FL, criminal lawyer) to find out how best to deal with this situation.

Q: Can I be charged with a dwi2 without being convicted of 1st dwi.

3 Answers | Asked in DUI / DWI and Social Security for Virginia on
Answered on Mar 14, 2018
Susan Fremit's answer
If the prosecution cannot prove you have a prior DUI conviction that is substantially similar to d dui in VA, you can't be convicted on a DUI 2nd.

Q: My 19 yr old with distribution charge was released to parent till court date he is missing what are parents liability

2 Answers | Asked in Criminal Law for Virginia on
Answered on Mar 11, 2018
Susan Fremit's answer
You can go to court and ask to be removed as a surety. Your son's bond would then be revoked, an arrest warrant issued and he will be held in jail until his trial or the entering of a guilty plea. To start the process go to the court clerk's office of the county where your son was charged.

Q: I got Charge with a DWI on 3/4/18 @6am. My first offense. The officer told me my License is Suspended for 7 Days.

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Mar 10, 2018
Susan Fremit's answer
You need to go to the General District court clerk's office in the county where you were arrested to pick up your license on the 8th day after your arrest or the next business day after that date.

Q: In va if a victim in abuse case doesn't press chargers and and the county issue a warrant

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Mar 6, 2018
Susan Fremit's answer
Once the police or magistrate got involved, the situation is no longer in the control of the victim. It is now the prosecutor who the victim needs to convince to drop the charge. Generally speaking, prosecutors don't like to drop domestic assault charges, so to have any chance at obtaining this outcome, you need to hire a local experienced criminal defense attorney.

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