Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Susan Fremit
1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: 8 years ago, released from Tennessee without home plan or transfer of custody. Has been non-extraditable. Arrested now

Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.

Susan Fremit
Susan Fremit
answered on Jun 9, 2022

It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: I have arraignment coming up and I will be out of state can I write letter to judge with not guilty plea in my absence?

I'm going to need a court appointment attorney but could any lawyer write it on my behalf? I had train tickets purchased before this message.

Susan Fremit
Susan Fremit
answered on Apr 4, 2022

Call the Court clerk of the county court where you must appear to find out what the Court's pony may be. It will depend on the type of charge whether you will be able to avoid being issued a capias (bench warrant) for failing to appear on your arraignment date.

View More Answers

1 Answer | Asked in Criminal Law for Virginia on
Q: If you violate the terms of the a 251 disposition what will happen
Susan Fremit
Susan Fremit
answered on Mar 24, 2022

There is usually a "fail out" sentence which is a period of active time in prison. Speak to your attorney about this.

1 Answer | Asked in Criminal Law for Virginia on
Q: convicted at 18 for a crime done at 15 , im now 39 how to get it sealed or removed?

in the state of virgina i comited a crime at the age of 15, was areested and convited of armed robbery at the age of 18 , sentanced did my time and got out , im wanting to know if its possible to have itsealed or something like that so employeers will not be able to see how stupid iwas as a kid ? i... View More

Susan Fremit
Susan Fremit
answered on Mar 24, 2022

Generally speaking, criminal convictions in VA are never sealed or removed, especially crimes of violence. It does not matter how many years have passed since conviction or sentence has been served. However, you can write to the VA Governor requesting that you obtain your civil rights back. Then... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: When convicted of a violent felony as a minor, how do you go about expunging your records? Is it automatic? (Virginia)

We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?

some... View More

Susan Fremit
Susan Fremit
answered on Mar 14, 2022

A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.

1 Answer | Asked in Criminal Law for Virginia on
Q: I am facing 2 class 1 misdemeanors. And ex roommate with a long criminal history reported me for petty larceny.

I have no lawyer. I own my own store. I have no criminal record other than traffic. And I am a business owner in the area. This guy is also a drug addict and he has been nothing but trouble. The larceny was a mistake I own a thrift store and I have merchandise scattered throughout our property. the... View More

Susan Fremit
Susan Fremit
answered on Mar 11, 2022

You said you are "going through the court system" which means you have likely hired your own attorney to represent you or you have a court appointed attorney to represent you. You should speak to that attorney regarding whether you will go to jail since that attorney has the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: First time in trouble. I'm on pre trial i got a dirty urine I have a warrant or whatever (I'm wanted) will I get.a bond

I got a first offenders ple but court is May 25 will I have to go to jail until then. I'm scared never been in trouble

Susan Fremit
Susan Fremit
answered on Mar 10, 2022

You need to speak to your attorney who helped you with the possibility of getting a first offender's plea. You may still be ok.

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: I got arrested and they didn't read me My Rights told my attorney and she said they didn't have to
Susan Fremit
Susan Fremit
answered on Feb 9, 2022

If after arrest you were not asked any questions about the offense, the arresting officer was not required to read you your Miranda rights.

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... View 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... View 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.

View More Answers

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.

View More Answers

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... View 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... View 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.

View More Answers

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... View 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... View More

View More Answers

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... View 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... View 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")

View More Answers

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!... View 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.