Questions Answered by Susan Fremit
Q: What’s the mandatory sentencing guidelines for possession of a firearm in a school zone in VA
Susan Fremit's answer
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, the guidelines take into account the defendant's prior convictions (if any) anywhere in the USA as well as any juvenile record, especially if that record contains a break and entry conviction. Also...
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, the guidelines take into account the defendant's prior convictions (if any) anywhere in the USA as well as any juvenile record, especially if that record contains a break and entry conviction. Also...
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's answer
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 not a large amount.
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 not a large amount.
Q: How long are circuit court case proceedings and final case dispositions kept in va?
Susan Fremit's answer
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.
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.
Q: Does a search warrant hav 2 specifically name a room n the house. 4 example home owner rents rooms 2 different people.
Susan Fremit's answer
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 keep the room locked when the renter is absent, that should be a defense for an unlawful search if contraband is found.
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 keep the room locked when the renter is absent, that should be a defense for an unlawful search if contraband is found.
Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?
1 Answer
| Asked
in
Child Custody, Criminal Law, Domestic Violence and Family Law
for
Virginia
on
Answered on Mar 9, 2019
Answered on Mar 9, 2019
Susan Fremit's answer
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.
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.
Q: What is the punishment for a first time offender in an aggravated assualt towards a familiy member
Susan Fremit's answer
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 get the charge amended to a misdemeanor with mandatory counseling etc. The defendant's attorney may suggest that he enrolls in an anger management program as soon as possible. But the defendant...
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 get the charge amended to a misdemeanor with mandatory counseling etc. The defendant's attorney may suggest that he enrolls in an anger management program as soon as possible. But the defendant...
Q: I was accused of harassment by computer by an individual.
Susan Fremit's answer
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.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
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.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?
Susan Fremit's answer
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.
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.
Q: Someone recorded mu phone conversation with them and didn't tell me i was being recorded
Susan Fremit's answer
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.
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.
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
Susan Fremit's answer
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.
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.
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
4 Answers
| Asked
in
Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security
for
Virginia
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Susan Fremit's answer
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.
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.
Q: I was wondering if i needed a lawyer for my court date
Susan Fremit's answer
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 misdemeanor which carries up to 12 months in jail and 6 points if convicted. You should consider hiring an experienced local traffic attorney to defend you on these charges.
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 misdemeanor which carries up to 12 months in jail and 6 points if convicted. You should consider hiring an experienced local traffic attorney to defend you on these charges.
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
Susan Fremit's answer
Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!
Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!
Q: I have a felony eluding the police that has been going on in the courts since march 2018 and was put under advisement.
2 Answers
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Virginia
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Susan Fremit's answer
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 service hours.
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 service hours.
Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?
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.
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?
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.
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?
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.
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.
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.
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
Susan Fremit's answer
It is the court, not probation, who has the authority to decide rehab instead of jail is appropriate.
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?
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.
Only those convicted of committing a felony, and after July 1st, certain misdemeanors, must provide a DNA sample, but not witnesses.
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