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Questions Answered by Susan Fremit
2 Answers | Asked in Criminal Law for Virginia on
Q: I have a pending felony charge for possession of hash oil. The state legislature passed legislation decriminalizing

What will happen if/when the governor signs and the change takes effect? Is is it possible to get my court date be continued until 07/01 so I can be tried under the new/modified law? Thanks!

Susan Fremit
Susan Fremit answered on Mar 15, 2020

It will depend on the wording of the law whether it applies at the date of the offense or the date of conviction. You may already have a defense under the current law, so speak to you defense attorney.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Does the charge exist or not? I cant find a record of it.

I was charged with a domestic violence charge several years ago and plead guilty, took the required courses... did 2 years good behavior. The case was dismissed and I cant find a record of the case in the virginia system at all. I'm wondering if it is showing up in background checks for jobs and... Read more »

Susan Fremit
Susan Fremit answered on Mar 15, 2020

Charges that involve juveniles or those like child endangerment & domestic assault are process in Juvenile & Domestic Relations court. Cases in that court are not posted on line. Yes, a domestic assault charge will likely show up on a criminal record check: that you were charge and it was... Read more »

3 Answers | Asked in Domestic Violence for Virginia on
Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?
Susan Fremit
Susan Fremit answered on Mar 15, 2020

He can go through the first offender program and have it dismissed if it's a first offense (after taking an anger management program) or take it to trial if he believes he has a defense.

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1 Answer | Asked in Criminal Law for Virginia on
Q: My boyfriend was sentenced to 1 year 4months on a felony violation of probation charge in Virginia back in October.

He was arrested July and was in jail until a week ago, he was then taken to prison to get his DOC number and finish his time. I've contacted Doc but never been given a release date. Could you give me an estimate on a release date? Also the jusde did grant him the 41 days he had pulled before court... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2020

Generally speaking, you take the time given and subtract the amount of time he has already done (41 days); he will serve 85% of the remainder.

2 Answers | Asked in Criminal Law for Virginia on
Q: My husband has violation of probation he has a hearing Monday for reinstatement and appoint counsel

Violation of probation

Commerced by Reinstatement

Currently in custody of Newport news city jail

Susan Fremit
Susan Fremit answered on Mar 7, 2020

Not sure what your question is. He has an attorney so he should speak ti him or her.

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2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Gov & Administrative Law for Virginia on
Q: Can my probation officer make me bring ib my pills that is a narcotic to my appointment

The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self

Susan Fremit
Susan Fremit answered on Feb 26, 2020

Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

Susan Fremit
Susan Fremit answered on Feb 22, 2020

Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.

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2 Answers | Asked in Criminal Law for Virginia on
Q: How much is it to get a misdemeanor petty theft off your record and can I do it myself or do I need a lawyer

Expungement

Susan Fremit
Susan Fremit answered on Feb 18, 2020

If it is a conviction or dismissal pursuant to a first offender program, you cannot get it off your record (expunged)

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2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Susan Fremit
Susan Fremit answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.

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1 Answer | Asked in Criminal Law for Virginia on
Q: If a person is out on bond for a domestic felony charge with stipulations not to leave Newport News VA and not to be iN

Virginia Beach at all.. yet they get community service in Virginia Beach for a misdemeanor domestic .. how does that work ? What steps can the victim take? Is that not a bond violation?

Susan Fremit
Susan Fremit answered on Feb 7, 2020

You can call victim services at the Commonwealth's office which brought the domestic charge against the defendant and seek their advice.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them.... Read more »

Susan Fremit
Susan Fremit answered on Feb 7, 2020

Go online to the court where you were convicted to see if a capias was issued for your arrest: www.courts.state.va.us . See if it says "fugitive" by your name. If it does, nothing will go away until you deal with it. Contact your prior attorney to help you or hire a new one.

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2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

My boyfriend signed a lease on January 11 for a rental property starting on February 8th. The property is a condo with three other adult renters on the property. On January 27th he was convicted of a felony in North Carolina for Grand Larceny, this crime occurred over a year and a half ago and he... Read more »

Susan Fremit
Susan Fremit answered on Feb 4, 2020

You should also consider asking a landlord & tenant lawyer this question, since it is not a criminal defense one.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: Hello! I have 3 FUIs and it's been 6 years. The judge in my county is harsh. Can I move and petition another one?

3 DUIs 6 years ago. Judge in Albemarle won't reinstate me. Army/Iraq veteran! I already petitioned and did pretrial with VASAP. Judge said no but that I could reset the docket as she didn't even know I'd be there that day.

Susan Fremit
Susan Fremit answered on Jan 30, 2020

I am not certain what you are trying to say. Is the issue getting your driving privileges reinstated? If so, you should hire a local experienced criminal defense attorney to help you. The first step is to comply with ASAP's requirements regarding getting your privileges reinstated. Usually,... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: At my arraignment I opted to hire own lawyer

I opted to hire my own lawyer at arraignment. Shortly after I lost my job and couldn’t afford one. At arraignment I was given an advisement date to return if I didn’t have one. Will I be able to try for a court appointed at that time or will I be in trouble

Susan Fremit
Susan Fremit answered on Jan 30, 2020

You most certainly can ask for a court appointed lawyer. Don’t wait for the advisement date; speak to the court clerk about getting into court sooner to do this.

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2 Answers | Asked in Criminal Law for Virginia on
Q: If I didnt agree to be a witness for the prosecution, do I have to speak with them before the trial?

I picked my friend up after she allegedly committed a crime. The police came to job and I gave them permission to search my apartment where they found said friend. I had no prior knowledge that this friend had just allegedly committed this crime. That was 9 months ago and now I have been subpoenaed... Read more »

Susan Fremit
Susan Fremit answered on Jan 19, 2020

You don't have to answer any questions but you also don't want to be charged with hiding your friend. However, it is not likely you will be asked any questions by the prosecution until the day of court for which you were subpoenaed.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »

Susan Fremit
Susan Fremit answered on Jan 11, 2020

There does not have to be an actual touching for an assault charge to be filed by the police. If you told the police that you were afraid of him striking you because of his anger and that's why you ran (scratching up your legs in the process), that may be the basis for the assault charge. You... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: I just found out I had court this morning and missed it, it was an arraignment.

I just found out I had court this morning and missed it, it was an arraignment. I was given a summons to appear in court but I just recently moved houses so my paperwork was misplaced. I am already out on bond in another county. Considering today would have been my arraignment where I would’ve... Read more »

Susan Fremit
Susan Fremit answered on Jan 7, 2020

If you can't afford to retain a private attorney to represent you, you are going to need to turn yourself in. You might want to contact your attorney who is representing you in another county for suggestions on how best to proceed, since this new charge may cause that bond to be revoked.

2 Answers | Asked in Domestic Violence for Virginia on
Q: How to get a restraining order lifted in Virginia.

My fiance and I had gotten into an argument and the neighbors heard us and called the police. We were yelling but no physical contact was made. I didn't press the charges nor did I testify how can I get this lifted so we can finally get married and see each other

Susan Fremit
Susan Fremit answered on Jan 6, 2020

Contact a local criminal defense attorney to have a one on one consultation to discuss how to get the protective order listed. Going to "find a lawyer" on this website is a good start.

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2 Answers | Asked in Domestic Violence for Virginia on
Q: I was charged with a misdemeanor simple assault on my girlfriend and didn’t get a lawyer should i?

She is still my girlfriend and is willing to come to court on my side .

Susan Fremit
Susan Fremit answered on Jan 6, 2020

You need to hire a lawyer to help you. Your girlfriend simply saying she doesn't want to go forward with the charge is not likely to make it go away. And if convicted of a domestic assault, you cannot possess or own a firearm.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have a recent petty theft misdemeanor.Have been a Practising RN for 5 years. Convicted guilty. How to remove?

I’m in my final year of my nurse practitionef program. Can i sit for boards? Feel like my nursing career is over due to the misdemeanor.

Susan Fremit
Susan Fremit answered on Jan 4, 2020

You cannot get a Virginia misdemeanor conviction expunged in Virginia, no matter how much time has gone by. Whether you can sit for the Boards will be up to the nursing association. Why not ask if there are any reasons for being ineligible to sit the Boards? Worded that way, you can receive... Read more »

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