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Questions Answered by Susan Fremit
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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: can my spouse drop a domestic violence assault and battery charge against me

If my spouse pressed charges on me and I ended up getting a domestic violence assault and battery charge can she drop those charges against my in court if the incident happened in our home and not in public?

Susan Fremit
Susan Fremit answered on Jan 1, 2020

Unfortunately, whether such an alleged assault occurred in your home or in public makes no difference. Your attorney may want to speak to your wife if she does not want to testify against you during your trial. She can't just "drop the charge" because the Commonwealth Attorney now... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Rules of judge who once was a Commonwealth attorney in the same city
Susan Fremit
Susan Fremit answered on Dec 29, 2019

I am uncertain what your question is. Can a judge work in the same county or city where he was a Commonwealth attorney? Yes.

1 Answer | Asked in Criminal Law for Virginia on
Q: Had a handgun posession charge in 2003 in Maryland I live in va need to have it expunged to be able to purchase in va
Susan Fremit
Susan Fremit answered on Dec 25, 2019

You need to contact a Maryland attorney to see if a gun possession charge there can be expunged. You can only have Virginia charges expunged if you were found not guilty of that VA charge or if it was nolle prossed.

3 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If the attorney don't show up on a court date for a reckless driving in VA, who will be at fault ?

I may or may not be able to appear on the court date and have retained an attorney. But want to know the consequences of the attorney does not show up on the court date for any reason.

Susan Fremit
Susan Fremit answered on Dec 18, 2019

Since a reckless driving is a misdemeanor (class 1 criminal charge) most courts require the defendant’s attendance. Have your lawyer continue the case to a date which works for you to be in court.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Will i be granted bond for a capias failure to appear with one failure to appear a year prior in another county?

I currently have a capias for failure to appear in Lynchburg, Virginia. A year ago in Campbell County, Virginia I was charged with a failure to appear. I was issued a summons. Considering the factors,what are the chances I will be granted bond by the magistrate?

Susan Fremit
Susan Fremit answered on Dec 12, 2019

It will depend on what your reason for non-appearance is. If you have a documented reason and show it to the magistrate, you may well get bond. Otherwise you will likely be held for a bond hearing before a Judge.

1 Answer | Asked in Domestic Violence for Virginia on
Q: How does the state of Virginia look at domestic violence between brothers and one is innocent?

My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?

Susan Fremit
Susan Fremit answered on Dec 6, 2019

Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.

1 Answer | Asked in Criminal Law for Virginia on
Q: What I can do about someone harassing me from another state

Since February my boyfriend's ex has been creating new Facebook pages every time we block her & harassing us. We are in Virginia and she is in Louisiana. I was wondering if there's anything I can do about this legally being that she hasn't threatened us and is just more of a nuisance than anything.

Susan Fremit
Susan Fremit answered on Dec 5, 2019

Specifically tell her, in writing, to stop whatever action she is doing which you feel is harassment. You don't need to feel threatened, just harassed. If the behavior does not stop, after you have put in writing to her to stop, call the Federal Court Clerk's office in Richmond about... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: First offender program with a conspiracy charge?

For a first offender in Virginia facing a felony drug possession and conspiracy to possess charge, how does the conspiracy charge work with the 251 dismissal?

Susan Fremit
Susan Fremit answered on Dec 5, 2019

The conspiracy charge is usually withdrawn (nolle prossed).

1 Answer | Asked in Criminal Law for Virginia on
Q: Can my spouse still have a concealed carry permit in virginia if i am a felon
Susan Fremit
Susan Fremit answered on Nov 23, 2019

As long as your spouse is not a convicted felon or convicted of a domestic assault, your conviction should not impact on spouse obtaining or maintaining such a permit. The big issue for you is: where would be spouse's gun be stored and would there be an argument that you have... Read more »

2 Answers | Asked in Domestic Violence for Virginia on
Q: My boyfriend, father of my child, child is 10 years old, has been charged with malicious wounding. There is a video

From home security that shows him trying to get my phone because he seen a message on my phone to another man. We have been together for 12 years. I went to hospital 2 days later and have 2 broken ribs and a dislocated rib. He had been drinking and acted in the heat of the moment. Will he get out... Read more »

Susan Fremit
Susan Fremit answered on Nov 21, 2019

Speak to the prosecutor about wanting him home and the charge being reduced. The problem is, the prosecutor won’t want to risk your BF hurting you again or your son.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

Susan Fremit
Susan Fremit answered on Nov 17, 2019

You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Hello my son was in prison last year his girlfriend got caught on the outside now he has felony

From prison indictment

Susan Fremit
Susan Fremit answered on Oct 2, 2019

You have not asked a question. Can you resubmit your concerns by providing a question?

1 Answer | Asked in Criminal Law for Virginia on
Q: Will a notification of trespass affect my pretrial diversion program set for dismissal for first time misdemeanor?

Hi, i am under pretrial diversion program for first time shoplifting ....have already successfully completed community service

And class and my case is set for dismissal in few weeks. Just yest, i was given a notice of trespass at a coffee shop , as they did not want

A couple of... Read more »

Susan Fremit
Susan Fremit answered on Mar 31, 2019

It doesn't appear that you have violated any laws, so the notification should not affect the dismissal of your shoplifting charge, if you have completed all the other requirements.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I plead guilty to DUI on 04/12/18 & was granted a restricted license for one year on that date.

1 year ends on the completion of 4/11/19. My DMV record shows my punishment thru 4/12/19. That makes my punishment 1 year & 1 day. I had a similar problem with dates getting my restricted license. It took a long time but the DMV saw I was correct. Am I correct now & should I get my regular... Read more »

Susan Fremit
Susan Fremit answered on Mar 28, 2019

You will need to pay the pay the reinstatement fee & have had 6 months incident-free on an interlock device before VA DMV will reinstate your full driving privileges. You can go to a DMV office on 4/11 but if they won't agree with you, you will be back on 04/12. Do you really want to... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: i have a vehicle/boat/etc: climb into/on to commit crime. please help

i was arrested for speeding and didnt know i had a warrant until then. i had recieved a summon for weed and was told that if anything else happend i would be put in jail.

Susan Fremit
Susan Fremit answered on Mar 28, 2019

You need to contact a local experienced criminal defense attorney, (look at your "ticket" to see which county court you need to go to), in order to avoid a conviction, which in Virginia, is for life; no expungement. Click on "find a lawyer" on this website. Most give a free consultation.

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3 Answers | Asked in Criminal Law and Probate for Virginia on
Q: Friend on unsupervised probation, received a reckless on 80mph. Jail time or no?

She's on unsupervised probation for a minor drug offense, but was supervised previously. She just got a reckless for going 80 on the state lines of VA and NC, the speed changed quickly. She has her lawyer, but hasn't talked to her yet. In your opinion, will she stay out of jail time? She... Read more »

Susan Fremit
Susan Fremit answered on Mar 23, 2019

Your friend's lawyer will have important details which you don't to determine whether she will face any back up time.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What’s the mandatory sentencing guidelines for possession of a firearm in a school zone in VA
Susan Fremit
Susan Fremit answered on Mar 12, 2019

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,... Read more »

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