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Questions Answered by Susan Fremit
2 Answers | Asked in Criminal Law for Virginia on
Q: How much is it to get a misdemeanor petty theft off your record and can I do it myself or do I need a lawyer

Expungement

Susan Fremit
Susan Fremit
answered on Feb 18, 2020

If it is a conviction or dismissal pursuant to a first offender program, you cannot get it off your record (expunged)

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2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

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?

Susan Fremit
Susan Fremit
answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement.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.

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1 Answer | Asked in Criminal Law for Virginia on
Q: If a person is out on bond for a domestic felony charge with stipulations not to leave Newport News VA and not to be iN

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?

Susan Fremit
Susan Fremit
answered on Feb 7, 2020

You can call victim services at the Commonwealth's office which brought the domestic charge against the defendant and seek their advice.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

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.... View More

Susan Fremit
Susan Fremit
answered on Feb 7, 2020

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.

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2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

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... View More

Susan Fremit
Susan Fremit
answered on Feb 4, 2020

You should also consider asking a landlord & tenant lawyer this question, since it is not a criminal defense one.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: Hello! I have 3 FUIs and it's been 6 years. The judge in my county is harsh. Can I move and petition another 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.

Susan Fremit
Susan Fremit
answered on Jan 30, 2020

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.... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: At my arraignment I opted to hire own lawyer

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

Susan Fremit
Susan Fremit
answered on Jan 30, 2020

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.

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2 Answers | Asked in Criminal Law for Virginia on
Q: If I didnt agree to be a witness for the prosecution, do I have to speak with them before the trial?

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... View More

Susan Fremit
Susan Fremit
answered on Jan 19, 2020

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.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

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... View More

Susan Fremit
Susan Fremit
answered on Jan 11, 2020

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.... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I just found out I had court this morning and missed it, it was an arraignment.

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... View More

Susan Fremit
Susan Fremit
answered on Jan 7, 2020

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.

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... View 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... View 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... View More

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