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Questions Answered by Susan Fremit
1 Answer | Asked in Criminal Law for Virginia on
Q: confidential informant has drugs on them before a control buy and the cops found does the buy stick

and I have copies of all the messages between the ci and the cop. Showing the ci was dirty for drugs before court and the ci asked for help to stay out of jail the next day for court and the cop helped ci. Can I beat distribution chRges

Susan Fremit
Susan Fremit
answered on Feb 12, 2021

Since you were charged with distribution, you very likely need to speak to your attorney about this because he or she knows far more about the situation.

1 Answer | Asked in Criminal Law for Virginia on
Q: How to obtain gun rights for felon convicted 15 years in the past?

Stat. burglary convicted in 2002

Susan Fremit
Susan Fremit
answered on Feb 11, 2021

It would be better to hire sn experienced attorney for both phases, but you may be able to do the first one. You need the governor to give you back your civil rights, then an application can be brought in circuit court for the restoration of your guns rights.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »

Susan Fremit
Susan Fremit
answered on Feb 10, 2021

Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: what will happen if a girls father from a dating site calls the police one because he wants money
Susan Fremit
Susan Fremit
answered on Feb 9, 2021

I doubt he will call the police. This is part of a scam including the threat to call the police. Don’t pay anything and stop talking to the girl. IF the police do bring charges, say nothing and contact an attorney.

2 Answers | Asked in Criminal Law for Virginia on
Q: can I be arrested for solicitation of a minor scam

girls father wants money

Susan Fremit
Susan Fremit
answered on Feb 9, 2021

You can not be arrested for responding to a scam. Simply ignore the "father" and the "daughter". Better yet, avoid the site you were using.

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1 Answer | Asked in Criminal Law for Virginia on
Q: ca I be facing any legal problems for a sextortion scam

met a girl through a dating app we talked then her father tried to blackmail me for paying for her therapy or he calls police

Susan Fremit
Susan Fremit
answered on Jan 31, 2021

This sounds exactly like an extortion scam we are hearing about. Don't pay anything and contact a local criminal defense attorney for a consultation to learn what your next steps might be.

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... Read more »

Susan Fremit
Susan Fremit
answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can the family pay the restitution for our son who is an inmate
Susan Fremit
Susan Fremit
answered on Jan 24, 2021

Yes, as long as the restitution is paid, your son will get credit for it.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a question about a friends pending charges?

.

Susan Fremit
Susan Fremit
answered on Jan 18, 2021

It is very difficult to predict the outcome at this point. Your friend's prior criminal history, if any, will have a significant impact on the outcome. Whether anyone could have been injured is another issue. Your friend's attorney will be in the best position to figure out a likely outcome.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can my husband still be charged and convicted of strangulation even if I’m not pressing charges?

Husband charged with strangulation. I’ve spoken to state attorney to let them know I don’t want to proceed. But they’re refusing a bond and pushing for 4tears this is his first domestic charge. What should I do

Susan Fremit
Susan Fremit
answered on Dec 30, 2020

Calling the police and giving them a statement took this out of your hands. Try working with your husband’s attorney to see what you can do to help your husband.

1 Answer | Asked in Criminal Law for Virginia on
Q: When charged in a criminal case, is it unusual to get a change of venue in Virginia?

Can a case be moved to a different county or jurisdiction?

Susan Fremit
Susan Fremit
answered on Jun 19, 2020

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?).

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m being investigated for allegedly stealing from my state gov employer. Ive not been questioned, arrested or charged

I have no criminal record.

Susan Fremit
Susan Fremit
answered on Apr 18, 2020

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.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Does domeatic violence cases show on record?

If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?

Susan Fremit
Susan Fremit
answered on Apr 8, 2020

If there was no arrest, there should not be anything on a criminal record.

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... 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... 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... 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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