Can a case be moved to a different county or jurisdiction?
Generally speaking, it is very difficult to get a chance of venue in VA. I tried, and lost, on the basis of incredible negative publicity AND postings on that jurisdiction's sheriff's website (so how could we get an untainted jury for trial?).
I have no criminal record.
Don't post any more details on this public website. Proof of ownership is not really difficult in these situations. Wait to see if you are charged. Then hire an experienced local criminal defense attorney to fight the charge.
If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?
If there was no arrest, there should not be anything on a criminal record.
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!
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.
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... Read more »
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... Read more »
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.
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... Read more »
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.
Violation of probation
Commerced by Reinstatement
Currently in custody of Newport news city jail
Not sure what your question is. He has an attorney so he should speak ti him or her.
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
Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.
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 .
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.
Expungement
If it is a conviction or dismissal pursuant to a first offender program, you cannot get it off your record (expunged)
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?
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.
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?
You can call victim services at the Commonwealth's office which brought the domestic charge against the defendant and seek their advice.
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 »
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.
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 »
You should also consider asking a landlord & tenant lawyer this question, since it is not a criminal defense 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.
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.... Read more »
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
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.
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 »
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.
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 »
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.... Read more »
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 »
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.
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