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Questions Answered by Paula Hough
1 Answer | Asked in Criminal Law for Virginia on
Q: What are my legal rights with a detective who claims he'll follow warrants if I don't cooperate and he won't explain why

A detective showed up at my dad's door telling him that I need to get a hold of him by the next day or warrant will be issued. I contacted him via phone he won't tell me why or what or anything he just says he's going to give me an opportunity to cooperate and I don't know what... Read more »

Paula Hough
Paula Hough answered on Sep 7, 2021

You should not talk to the police without a lawyer present! Generally speaking, if the police have enough evidence for a warrant, they will get one, whether you talk to them or not. The police will use the "we'll take out a warrant unless you speak with us" tactic to get you to... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I represent myself on traffic charge and found guilty can I ask for an apeal to get a lawyer ?
Paula Hough
Paula Hough answered on Jul 27, 2021

Yes. You have 10 days from the date of your conviction to appeal your case to the Circuit Court. You can hire an attorney to represent you on that new court date.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hi, I have been subpeonaed as a witness for a case involving a woman driving erratically. Do I have to attend?

The court only convenes on Tuesdays, the one day a week I have an office rented and see most of my mental health clients. I can't switch the day and that is my money to live on, as well as my clients need their sessions. Is their an option like a recorded statement that I can legally request.

Paula Hough
Paula Hough answered on Jul 22, 2021

If you are subpoenaed, you are legally required to attend court. You may want to reach out to the Commonwealth's Attorney (prosecutor) in the jurisdiction where you have to go to Court. He or she may be able to help you avoid coming to court, or explain your options if you do not appear.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is Virginia 46.2-830.1 considered a moving violation? I understand there's no points assessed, but just want to be sure.
Paula Hough
Paula Hough answered on Jul 9, 2021

No points are assessed by the Virginia DMV for a violation of 46.2-830.1.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Am I going to go to jail? Please help!

I got caught doing 90 in a 70 in hopewell va. I am currently taking a driving class so I can take it to court is this Smart. I have +4 on my driving record and printed out my dmv record which has no tickets on it. I am also hiring a local lawyer to help me as well. I am freaking out I plan on... Read more »

Paula Hough
Paula Hough answered on Jun 8, 2021

It is smart to do the driving school. At that speed, if you were to hire a local attorney, you would not need to appear in court (the attorney could go on your behalf). The charge is a criminal misdemeanor, so you should hire an attorney, or at least seek legal advice. I strongly believe that an... Read more »

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
Paula Hough
Paula Hough answered on Mar 13, 2021

You should go to the Virginia DMV and get a "compliance summary" which will tell you what you need to do to get your license reinstated.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Virginia code 46.2-715. Display of license plates.

I live in Virginia and am buying a car from a state that did not require front license plates. There are no brackets or holes to mount a plate. Do I need to "alter" the car to accommodate a front plate or is their a provision for this situation?

Paula Hough
Paula Hough answered on Mar 10, 2021

Short answer: Yes. Virginia law requires front tags.

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?
Paula Hough
Paula Hough answered on Feb 22, 2021

If your case is under advisement, then you have not yet been convicted of anything. Your case is still pending. When the year is over, and you go back to court - if you've successfully complied with the terms for dismissal, then your case will be dismissed and you will not have been convicted.

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1 Answer | Asked in Criminal Law for Virginia on
Q: If I was charged with a assault misdemeanor 18.2-57. Does that make me non eligible to posses or buy a firearm?

This happened in 2012

Paula Hough
Paula Hough answered on Oct 20, 2020

If you were merely charged, there should be no issue. If you were CONVICTED of simple assault, you should also be fine to purchase/possess a firearm. HOWEVER, if the charge was a domestic assault / assault on family member, then you are federally prohibited.

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... Read more »

Paula Hough
Paula Hough answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Paula Hough
Paula Hough answered on Oct 11, 2020

If you are local, you can go to court and ask the Judge for a continuance so that you have more time to find an attorney. If you're not, you can call the Clerk and ask that the process would be for a continuance.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What would happen if I change my stament if I filed a police report

A couple months ago I thought my boyfriend took my card without my permission and so I told my dad and HE called the cops. I realize now a month or two later I forgot I told him he could use it a couple nights before. So I totally forgot. Will I get in trouble for changing my story? It was an... Read more »

Paula Hough
Paula Hough answered on Aug 31, 2020

You should not be in any trouble at all if you did not speak with the police. If you did tell the police that your card was used without permission, and your boyfriend is charged, you may want to get an attorney if want to testify to something other than what you told the police.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: if my husband has a strangulation charge in Chesapeake and I have written a letter

to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing

Paula Hough
Paula Hough answered on Aug 14, 2020

If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for going 84/60 on the interstate, this is my first violation ever I just turned 18, will I qualify to

Traffic school to wipe the points off my license and keep my insurance rate low? And also can I ask for a mitigation ?

Paula Hough
Paula Hough answered on Aug 7, 2020

Depending on the jurisdiction and Judge, you may be able to get your charged reduced or dismissed. You should reach out to a local attorney, who can advise you on whether or not you need an attorney and what steps you can take to mitigate this charge.

1 Answer | Asked in Criminal Law for Virginia on
Q: In Va can a prosecutor Nolle Proseque a case without prejudice because they can't find the confidential informant?

My son is already a felon as of 6 yrs ago. drug charges. This was a gun charge. My husband sold a gun he had to this CI. My son knew the guy He came wired they had conversation on audio. My husband is accredible and does not a . criminal record at all. Shouldn't that account for... Read more »

Paula Hough
Paula Hough answered on Apr 16, 2020

Yes. As long as the the Commonwealth's Attorney can articulate "good cause", three motion to nolle prosequi should be granted.

1 Answer | Asked in Criminal Law for Virginia on
Q: Whats the statute of limitations on class 6 felony for escape from a group home on conditional release
Paula Hough
Paula Hough answered on Sep 30, 2019

In Virginia there is no statute of limitations on felony offenses.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it IMPROPER STOPPING ON A HIGHWAY VALID IF THE SAID HIGHWAY WAS A BLVD IN COLONIAL HEIGHTS VIRGINIA SHOPPING AREA.

I pulled over on SOUTH BLVD AT 11 PM DUE TO A CAR MALFUNCTION

DIRECTLY NEAR A CURB AND MY HAZZARDS WERE ON, IN COLONIAL HEIGHTS VA..

THE OFFICER SAID THAT IT WAS AN IMPROPER STOP ON A HIGHWAY..

PLEASE HELP

Paula Hough
Paula Hough answered on Aug 5, 2019

Yes- according to Virginia code § 46.2-100:

"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes,...
Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: If I plead guilty to a crime, can a jury still decide to drop all charges

This is a criminal case that's quite complex

Paula Hough
Paula Hough answered on Aug 5, 2019

No. In Virginia a jury would first decide guilt or innocence. Then, if you were found guilty, the jury would determine your sentence. If you have already pleaded guilty, there will be no jury.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can an unauthorized use of motor vehicle Charge be dropped To A misdemeanor.??
Paula Hough
Paula Hough answered on Jul 29, 2019

Yes. Per Virginia Code § 18.2-102 - the case can be charged as either a Felony or Misdemeanor. If you are charged with a felony, the case can be reduced to a misdemeanor if (a) there is not enough evidence to support a felony (i.e., the value is less than $200) OR (b) the Commonwealth's... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I am being charged with embezzlement from 2 and a half years ago. I left the company in Jan of 2017 they said I used my

Credit card with my name on it 2 times in February. One for 130.00 one for 122.00 can they charge me with felony embezzlement even though I was no longer with company

Paula Hough
Paula Hough answered on Jul 25, 2019

Yes. If there are unauthorized charges on the card, it does not matter if you are no longer employed by the company. It is embezzlement if the alleged behavior occurred during your time as an employee.

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