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Questions Answered by Paula Hough
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, (i) the...
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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 Attorney... 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.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: My 16 year old son got caught with someone that had beer and weed on them what will happen

The cops just called for me to go pick him up

Paula Hough
Paula Hough answered on Jun 17, 2019

Was your son charged? If not, nothing will happen to him. If he was charged, you should reach out to an attorney for advice and a consultation regarding the charge(es). Both underage possession of alcohol and possession of marijuana are criminal misdemeanor charges.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding ticket says my fine is $61 dollars in total, but paying online shows i owe $125. Is there something wrong?

Also my copy of my speeding ticket doesnt have a signature.

Paula Hough
Paula Hough answered on Jun 11, 2019

The additional fees are for court costs.

2 Answers | Asked in DUI / DWI for Virginia on
Q: How long after getting a DUI can u be charged with driving on revoke DUI. Isnt there a statue of limitations on a DUI.

Does your fine have to be payed off for the statue of limitations to be in effect

Paula Hough
Paula Hough answered on Jun 11, 2019

Your "revocation" lasts 1 year for a first offense DUI. After the year is over, your license is considered "suspended" if you have not completed ASAP and have not gone to the DMV to have your license reinstated.

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1 Answer | Asked in Criminal Law for Virginia on
Q: how to reduce malicious wounding and felony strangulation charges?

my boyfriend and i were having issues last week and we shoved each other i went to the hospital just to make sure i didnt have a concussion and the hospital called the police and now he has some serious charges. I need to help him he has young children that need him!

Paula Hough
Paula Hough answered on Jun 6, 2019

You may be subpoenaed to testify against your boyfriend. You likely will both want to speak to separate attorneys.

2 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: case dismissed one month found guilty the next? what can be done about this?

4/09/2014 case dismissed (Expired Registration) case dismissed

5/29/2014 found guilty (Expired Registration) guilty

Jun 30 2014 License suspended by dmv

Nov 2014 license surrendered no prior knowledge of license suspension until this date when I was informed by chesterfield... Read more »

Paula Hough
Paula Hough answered on May 19, 2019

It appears from what you've written that the DMV suspension was for not paying fines and/or costs for the May expired registration charge.

I do not know the facts of either of the expired r

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1 Answer | Asked in Criminal Law for Virginia on
Q: My son get this charge. What is the meaning of this offense in common words please? He was under drugs effects or what?
Paula Hough
Paula Hough answered on May 16, 2019

Thank you for your question. It is unclear for what offense your son has been charged. Please provide a code section (it will usually start with "18.2-...") or the name of the specific charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What’s my percentage on actually going to jail for reckless driving?

I live in the state of Virginia & I was charged with Reckless driving on my way to work.. The speed was 98/60 but the officer was following for about 10 minutes before he pulled me over.. I didn’t know who it was following me due to it being 4 in the morning all I seen was headlights..... Read more »

Paula Hough
Paula Hough answered on May 6, 2019

It will truly depend on the jurisdiction in which you were charged. There are many judges in Virginia that will impose a jail sentence for driving at that speed. You will want to contact a local attorney right away.

2 Answers | Asked in Uncategorized for Virginia on
Q: How many hours per year of pro bono work are attorney's supposed to do?
Paula Hough
Paula Hough answered on Apr 20, 2019

The Virginia State Bar Professional Guidelines Rule 6.1 states:

(a) A lawyer should render at least two percent per year of the lawyer’s professional time to pro bono publico legal services. Pro bono publico services include poverty law, civil rights law, public interest law, and...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I have a a charge of indecent liberties with child in Virginia,since they have changed law and made it violent offense

What can I do

Paula Hough
Paula Hough answered on Apr 19, 2019

You need to speak with an attorney right away. You should not discuss this case or anything about it with anyone other than a lawyer. Do not talk to the police. An attorney will explain your next steps (i.e., arraignment, preliminary hearing, trial, etc.)

Indecent Liberties can be...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Charge of 18-08-02 9 counts. What is the worst thing that can happen
Paula Hough
Paula Hough answered on Apr 18, 2019

The numbers you gave do not correspond with any Virginia criminal code sections. Typically, they will start with "18.2-...". You may want to look at your summons or warrant to find out the specific coffee section.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How can I find out what I need to do in Pa. To get my license back? Got a compliance letter from DMV here in VA.

But it just tells me tickets in Pa. How can I find out about it or where can I find out about this? It's been over 25 yrs

Paula Hough
Paula Hough answered on Apr 14, 2019

You should reach out to the Pennsylvania DMV. It will tell you how to come into compliance in PA and clear up your suspension(s) there so that you'll be okay to get your license in Virginia.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I be charged with extortion if I demand money from someone *before* I drop fraudulent criminal charges against them?
Paula Hough
Paula Hough answered on Apr 14, 2019

Virginia Code § 18.2-59 defines Extortion in part as:

Any person who (i) threatens injury to the character, person, or property of another person [or] (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit...from him or any other person, is guilty of a...
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2 Answers | Asked in DUI / DWI for Virginia on
Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
Paula Hough
Paula Hough answered on Apr 9, 2019

By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: What is charge for 54.1-111(A)(1) Practicing in the profession of contracting without a valid license?What does it mean?

I have filed a complaint on DPOR and was to the charge is 54.1-111(A)(1) Practicing in the profession of contracting without a valid license.

Paula Hough
Paula Hough answered on Apr 4, 2019

Virginia Code § 54.1-111 (A) states:

A. It shall be unlawful for any person, partnership, corporation or other entity to engage in any of the following acts:

1. Practicing a profession or occupation without holding a valid license as required by statute or regulation.

It...
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2 Answers | Asked in Criminal Law and Immigration Law for Virginia on
Q: My wife, the applicant of form I-485 AOS just got issued a warrant for a hit and run. Our interview is next week...

What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.

Paula Hough
Paula Hough answered on Mar 31, 2019

If asked, she should give a truthful answer. She should also state that she has not been found guilty of anything at this time. If she has an immigration attorney, she shouldn't consult that attorney right away.

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